[translated via http://babelfish.altavista.com] ------------------------------------------------------------------------------- Sebastian Luetgert - Rosa Luxembourg Strasse 27 - D-10178 Berlin Jan Philipp Reemtsma Hamburg Institut for social research Mittelweg 36 20148 Hamburg Berlin, 15 January 2004 Very honoured Jan Philipp Reemtsma, the cause of my letter is not pleasing unfortunately too: a warrant of arrest, issued on my names and obtains Hamburg foundation on initiative that for the promotion of science and culture, whose leader is you. The term of imprisonment, which threatens me, goes back on a judgement of the regional court Hamburg, which was issued because of alleged urgency in my absence, and because of a foreign stay also without my immediate knowledge. To the load the electronic spreading of two texts of Theodor W. Adorno is put to me, at whom your foundation holds the rights: "jargon of the actuallyness" and "Anti-Semitism and Fascist propaganda". I assume that you were at least informed about this procedure, whose beginnings are already past more than one year will be able to reconstruct, or it after consultation with your lawyers - Senfft among other things, Hamburg - easily. Indeed I am the administrative and technical contact person of the Internet Domain textz.com - a Website, on which some hundred essays, novels and theoretical texts are collected, and on which them - in a framework regulated by the general trading conditions of the Domain - also under the keyword Adorno to become fuendig to be able. The fact that it does not concern with textz.com a commercial selling for robbery-copied literature but around a collectively operated research project and - in particular - around an artistic work, might already result in the case of a superficial view. Perhaps also press archives of the Website help with the classification - of a whole number of rennomierter international publications textz.com in the past years friendly one discussed, one distinguished recommended or. I can you to insure that, whoever stored the text files complained of by you there except the liberty of the art anything it does not take up. It or it does not even cloud behind the comma the balance of a publisher, caused neither materially nor immaterial an owner damage and endangers in no way the integrity of other, private or public archives. Anyway is Adorno, whose collecting is works completely in the Internet available, even if it costs little trouble to find her in digital form far less popular than you fears - perhaps even less, than you should actually hope. Into that so far two cases, in which copyright owners saw themselves hurt in their vested titles nevertheless through textz.com, the exchange of two informal enamels was sufficient to close in order to clarify respective circumstances, the access to the inkriminierten texts and arrive thus at a solution satisfying for both sides. Now you are for my defense certainly not the correct addressee, and anyway itself such a defense might at one time, on which already by warrant of arrest for me one searches, equally puts aside like a request for file inspection with Hamburg regional courts. Nevertheless it is appropriate for me far to carry sued by a foundation, which means ausgerechnet science and culture, because of the alleged spreading of two texts, which wrote ausgerechnet Theodor W. Adorno, with the penal institution Berlin Ploetzensee before digit to become. That such a detention start could be paid interest on favorably in attention for my work is conscious to me, but is missing it to me at talent to the Maertyrertum and also at ambition to strike personally cultural capital from a situation which I for absurdly, unfair and, as "case", also not as my private thing regard. Rather I would like to make a suggestion for you: They ask to transfer to me as a scholarship those 3,021 euro which I would have to pay, in order to escape my arrest and avoid a prison stay. Which the purpose and the conditions of such a scholarship could be, and I would have to furnish which returns, I would discuss gladly with you. There however police attendance with my neighbours, breaking my dwelling open and those - for lack of seizable property - blockage of my gas supply point on a certain urgency, I would be first particularly in a rapid answer to my letter interested, as still as possible in the coming week. Should be to you because of a telephone contact or a meeting in Hamburg, then you give me nevertheless please an appropriate indication. If you still hesitate to deal with my suggestion permit me please a locking consideration. Even if I the legal concept of the "intellectual property" - been based on that only your comparatively landlaeufige complaint in things Adorno, but in its names are carried out day for day expropriations, fundamental rights are set out of strength and strong crimes are committed - for one moment as nature-legally given circumstances regard, then such a right would have to be connected with the obligation nevertheless also to treat and not intersperse to the damage third this with difficulty seizable property at least pfleglich. It seems to me as if straight in the writings, about which we argue, pointing out left themselves find that their author did not have in the sense to create with its work intellectual possession which should be in complainable by its later owners before German regional courts against living on in the arts. Would be it not conceivable that a procedure like by your foundation exerted with which from me described result, rather handling would be, by which you incurr the loss your volatile rights at the texts mentioned instead of to be secured rather? And/or, turned around, your fair trading in this thing a sign for the fact that you become fair the responsibility, which arises for Adornos from the property at the work, by not only protecting and retaining it, but keep open at the same time - also and straight for handling, which runs in opposite direction to those rearrangements and raids, which take place at present in the digital one, and which became to practice and defend long one of the most urgent tasks of the research and the arts. In hope for your imminent answer I remain with kind regards, Sebastian Luetgert Bank account: Sebastian Luetgert, account 990338428, citizen of Berlin savings bank, BLZ 10050000 ------------------------------------------------------------------------------- > Received: from pop.nmmn.net (pop.nmmn.net [195.124.48.14]) > by mail.get.xs2.net (8.8.8/8.8.8) with ESMTP id GAA28290 > for ; Mon, 26 Jan 2004 06:43:58 -0500 (EST) > Received: from mail.nmmn.net (mail.nmmn.net [195.124.48.17]) > by pop.nmmn.net (Postfix) with ESMTP id 88EFFB85AF > for ; Mon, 26 Jan 2004 12:43:14 +0100 (CET) > Received: from Schuck (senfft.nmmn.net [217.114.65.200]) > by mail.nmmn.net (Postfix) with SMTP id 51CA3CA041 > for ; Mon, 26 Jan 2004 12:43:05 +0100 (CET) > Message-ID: <002401c3e401$c0c6f370$3700a8c0@Schuck> > From: "Andrea Schuck" > To: > Subject:=?iso-8859-1?Q?Hamburger_Stiftung_zur_F= > F6rderung_von_Wissenschaft_unf_Ku?= > =?iso-8859-1?Q?ltur_./._Sebastian_Luetgert?= > Date: Mon, 26 Jan 2004 12:44:27 +0100 > MIME-Version: 1.0 > Content-Type: multipart/alternative; > boundary="----=_NextPart_000_0021_01C3E40A.2275D7A0" > X-Priority: 3 > X-MSMail-Priority: Normal > X-Mailer: Microsoft Outlook Express 6.00.2800.1106 > X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1106 > X-UIDL: 09a9fe0ddeb30e8920e4b5b2b904805b Gentleman Sebastian Luetgert Rosa Luxembourg Strasse 27 10178 Berlin first by Mail: sebastian@rolux.org 26. January 2004 vEe/Sch 960/02 Hamburg foundation for the promotion of science and culture ./. Sebastian Luetgert Dear Mr. Luetgert, Professor Dr. Jan Philipp Reemtsma, which chairman of the board that Hamburg foundation for the promotion of science and culture, has us asked to answer your letter from 15 January 2004. It applies that we requested the decree of a warrant of arrest for our client against you. This became necessary, because you did not find it, although the first provisional order had been already set for you at the end of of August 2002, despite numerous summons to pay for over one year necessary to explain itself as your illegal actions and the damage caused thereby. The request for decree of a warrant of arrest represents the last means of the creditor to determine financial circumstances of the debtor. Our procedure serves the purpose in other words only to finally force you to explain itself over your income situation and your fortune. Their past persistent silence cannot be explained under any circumstances more with your reference to an alleged foreign stay. Also to the cause of this whole procedure, which have to answer for not our client, but you alone set and, explain yourselves for the first time in your letter specified above. They would have this long to do and law costs developed so far to pay be able. The enforcement of your insurance in lieu of an oath would have been from the beginning avoidable then. Instead you did not consider not only the provisional orders, but beyond that also the order funds imposed against you persistent ignores. The consequences of this inactivity may charge themselves to however not our client, but alone you. Our client cannot divide also your remarks for the question of the use of urheberechtlich protected works Adornos. It is not the task of our client to receive and maintain the work Adornos and its legal spreading to prevent in particular in the form of unauthorized pirat copies and by the Internet. It remains unbenommen scientific interested one to lend the works free of charge in the state libraries. In all other respects the legislator considered by the quotation right planned in the copyright law sufficiently to the interests of the science. For this reason in your letter formulated "suggestion" is inakzeptabel. Our client instructed the bailiff however with letters from the today's day, the enforcement of the warrant of arrest first for one month, i.e. by 23 February 2004 to suspend. Up to this day the opportunity is given to you to submit to our client to our hands of suggestions as you want to settle the costs resulting from the lying close demand list. Yours sincerely Matthies van Eendenburg Attorney Attorneys Senfft, Kersten, Voss Andreae & Schwenn Schlueterstrasse 6 20146 Hamburg Telefon +49 40 450 24 10 Fax + 49 40 450 24 141 -------------------------------------------------------------------------------- Sebastian Luetgert - Rosa Luxembourg Strasse 27 - D-10178 Berlin Attorneys Senfft, Kersten, Voss Andreae & Schwenn Schlueterstrasse 6 20146 Hamburg first by Mail: schuck@brothers in law.de Their indication: vEe/Sch 960/02 Berlin, 23 February 2004 Ladies and Gentlemen, in your letter from 26 January you requested me, its client, that Hamburg foundation for the promotion of science and culture to explain my income situation and to submit suggestions on the payment of those costs, which resulted to it from a bad spreading of two works of Theodor W. Adorno. Even if I as a grandiose waste of time, money and energy regard the entire procedure, whose contribution is not opened for me for the promotion of science and culture as well as for the care of the work of Theodor W. Adorno, then I understood nevertheless that your client is not ready for a renouncement of their demands at present. Therefore I would like to follow your request. My income situation is fast avowed: I refer neither a firm income or subventions, nor I have fortunes or possession, from which I could settle the demands of your client. I apply however at present for a set of scholarships, donations and donations, which are to serve the purpose to apply the amount demanded by your client and I am confident that this will be possible in foreseeable time. They will understand that your client facilitates my efforts by the warrant of arrest obtained by it rather difficult as, and so expect I to your promise to let the enforcement of this warrant of arrest suspend for an unlimited period. I would contact then as fast as possible your client, in order to agree upon obligatory times fixed for payment. Please you permit me still some notes to the thing, in this case to your letter. With the sum of 2.331,32 euro, demanded by your client, which I could have concerned in your opinion "long have paid", may it a fraction of your own monthly income; for many people, also for me, that is much money. Likewise it may be possible in your own neighbourhood free of charge to lend the two works Adornos, about which we argue, as from you suggested "in state libraries". To me did not succeed in Berlin center, and also several of my friends, who tried same at my request abroad non-European, did not have a success. Rather helpless I stand also before the term of the "pirat copy" used by you. They do not know just as well as I that the legal facts of the robbery and the technical procedure of the copy together-go neither theoretically nor practically, already at all in such a term. Accepted, I would thank you for it "murder letters" - you would assume nevertheless by right, I knew not, about which I speak, and wanted to provoke you only unnecessarily. Which, whose would like, lies I you to insure me hardly something furthermore as straight that, because so little I can follow or agree you in the thing, so much is been me nevertheless to attach the judicial part of the argument. In hope for a positive answer I remain Yours sincerely Sebastian Luetgert -------------------------------------------------------------------------------- Senfft, Kersten, Voss-Andreae & Schwenn Attorneys Gentleman Sebastian Luetgert Rosa Luxembourg Strasse 27 10178 Berlin 08. March 2004 960/02 vEe/ot Hamburg foundation for the promotion of science and culture ./. Sebastian Luetgert Dear Mr. Luetgert, we come back on your letter from 23 February 2004. After you granted a rough overview of your income situations now to our client, she is ready to offer to you the attached payment by instalments agreement. You can infer the height from the demand which can be adjusted by you from lying close demand list. We must make you in this connection on it attentively that so far for cost reduction the enforcement was operated against you only because of the costs, those from the first order procedure for the Az. 308 O 388/02 (because of the texts "Culture Industry Reconsidered", "Education after Auschwitz", "Minima Moralia", "On Popular Music", "Dialectic of Enlightenment", "Dialectic von clearing-up" and "Animal Psychology") resulted. In the lying close demand list those are however all costs considered, thus also from the order procedure for the Az. 308 O 401/02 (because of the texts "Jargon of the Actuallyness" and "Anti-Semitism and Fascist Propaganda"). The payment by instalments agreement plans that you lead back beginning starting from that 01.04.2004 the debt into monthly rates of EUR 100.00. As long as you keep this payment by instalments agreement, we will not seize also further execution measures for our client. Yours sincerely Matthies of Eendenburg Attorney Demand list 02/00960 - HH-Stift.z.Förd.v.WIKU./.Luetgert Conditions 08.03.2004 [...] 29.08.02 KfB LG HH 308 O 388/02 2.052,56 EUR 30.09.02 KfB LG HH 308 O 401/02 1.248,68 EUR 10.01.03 KfB LG HH 308 O 388/02 (Bestr) 260,61 EUR 10.01.03 KfB LG HH 308 O 401/02 (Bestr) 192,33 EUR [...] Balance of the principal claims 3,754.18 EUR Balance of the interest on the principal claim 366.43 EUR Balance of the costs without interest 209.82 EUR [bailiff costs] Sum of the single balances 4,330.43 EUR Daily interest for each calender date starting from that 09.03.2004: 5 % over the valid in each case basis interest rate, per year, of 3.754,18 EUR PAYMENT BY INSTALMENTS AGREEMENT Between that Hamburg Foundation for the Promotion of Science and Culture Professor Dr. Jan Philipp Reemtsma represent the chairman of the board Grosse Bleichen 8 20354 Hamburg - in the following called creditress - and Mr. Sebastian Luetgert Rosa Luxembourg Strasse 27 10178 Berlin - in the following called debtor - the following payment by instalments agreement is closed: 1) The debtor recognizes, the creditress the total amount at a value of EUR 4,330.43, specified in lying close demand list after the conditions from 08 March 2004, zzgl. that interest resulting further to owe. 2) The debtor commits itself to erase this amount in monthly rates of EUR 100.00 beginning with 01 April 2004. Payments are direct to the attorneys Senfft, Kersten, Voss Andreae & Schwenn on their account NR. 8243958 with the Commerzbank Hamburg, BLZ 200 400 00, under indication of the register number 960/02 to transfer in such a manner that the payment up to 15. of each monthly was received. The creditress agrees with this manner of payment. 3) the partial payments specified in number 2) of this agreement, does the creditress will punctually be received so long without further acts of execution 4) if the debtor with a rate should turn out longer than two weeks in arrears, the respective residual claim is due for immediate payment. Hamburg, 08 March 2004 (not signed) Sebastian Luetgert (signed) For Hamburg Foundation for the Promotion of Science and Culture Attorney Matthies van Eendenburg