This post is for public information purposes. It may be reproduced, quoted or disseminated by anyone for any purpose. Words which are not mine have been quoted with permission or are from documents clearly labelled as being for public consumption.
EDIT - UPDATE: This post has been very slightly edited for better grammatical use and to make some statements of mine read more clearly. Nothing of factual substance has been altered. Importantly, I have also removed an illustrative quote from Jon Stewart (of The Daily Show) that lampooned 'birthers' - those who insist the President Barack Obama is not a natural born US citizen. The quote was for dramatic comparison, but did of course imply a judgement of mine on birthers' beliefs. They have a right to their beliefs, regardless of my judgement, and I apologise for any offense as none was intended. Ms Marino is also entitled to her beliefs. The problem here is that she insists I share them and is making legal claims that I and everyone else do so.
OK, so I've done all I could in the cause of reason. I have communicated clearly. Offered evidence, given references, dates etc. I am reminded that there are those who so badly want to believe a given thing, that no amount of evidence or persuasion will change their minds. So here we are.
For those not yet aware of the contretemps which has erupted lately around the use of the term 'blenderized diet', in short, Lesley Diane Marino claims to have invented it, and the concept, sometime following the birth of her daughter in 2001. She had Facebook shut down a not-for-profit community assistance Facebook page called 'Blenderized Diet' by falsely claiming in a legal instrument that her intellectual property rights had been breached. I was a co-administrator of that page. Lesley has personal issues with myself and a co-administrator, and I should point out that almost all the 'factual' assertions about Beverly Hanset Burch in the text of Ms Marino's Public Release below are refuted by Beverly herself. Beverly is choosing now, as shall I be to the extent that I can, to starve this confected drama of oxygen.
Please see HERE and also HERE for the details and responses to this story, so I don't have to repeat myself.
Ms Marino today emailed the below message, unedited by me:
[Please note below the original notice of suspension as required by Facebook when responding to this allegation. Below that your response to me.] Hello all, I have more carefully read the terms and conditions under which Ms Lesley Diane marino has made an allegation of infringement of her intellectual property rights, causing the Blenderized Diet Faceook page to be taken down. Here is a most relevant section, required to be acknowledged before appending one's electronic signature. Are you the owner of such rights or a person legally authorized to act on behalf of the owner? This must have been answered 'yes', as to do otherwise woul render the complaint ineffective. Following is this: This must have been agreed to, as to have done otherwise would render the complaint invalid. Lesley Diane Marino made a complaint to you alleging that she is the owner of the intellectual property rights to the term 'blenderized diet'. I formally contend that Ms Lesley Diane Marino has no legal or indeed any sort of rights to the term 'blenderized diet' as she has stated to me and several others was in fact the complaint she made to Facebook. She has thus made an invalid complaint. Ms Marino has demonstrably perjured herself by asserting rights to a common usage term, and Facebook is essentially complicit in the damages thus done by failing to recognize or respond adequately to my and my co-administrators statements and evidences in this. Your policy is effectively making you an accomplice to Ms Marino's unlawful and malicious actions. I offer as evidence the following links: http://www.google.com.au/#sclient=psy&hl=en&source=hp&q=+define+'blenderized+diet'&aq=f&aqi=&aql=&oq=&pbx=1&fp=934ae9d163610708 http://www.google.com.au/#sclient=psy&hl=en&source=hp&q=+blenderized+diet&aq=f&aqi=g5&aql=&oq=&pbx=1&fp=934ae9d163610708 http://books.google.com/books?id=6lCMzYmOO6cC&dq=first+mention+of+blenderized+diet&output=html_text&source=gbs_navlinks_s http://books.google.com/books?id=ZrhswGcQY-sC&pg=PA101&dq=blenderized+diet&hl=en&ei=EHqmTdvkJ430tgPck6n6DA&sa=X&oi=book_result&ct=result&resnum=7&ved=0CF8Q6AEwBg#v=onepage&q=blenderized%20diet&f=false This last link shows a published instance of the term Ms Marino is claiming legal ownership of, under penalty of perjury, dating to 1952 which is I am led to believe a date prior to her birth. A search of the US trademarks and copyrights shows no such term as 'blenderized diet' being owned by any party, so Ms Marino's claim to be the 'owner of such rights' is shown to be a legal fiction in entirety. It would be beyond the ability of any reasonable person to make a claim to ownership of such a common term as 'blenderized diet', today returning 43,000 hits on Google and extant in published literature since at least 1952 regardless of the fact that the concept itself predates written history. I also contend that Facebook's application of Ms Marino's (patently false) claim has been unfair, prejudicial and contributory to the malicious nature of Ms Marino's actions in this matter. As Ms Marino claims to own the intellectual property rights to the term 'blenderized diet', if Facebook is to accept this as the case (and the implication of Facebook's having taken action against one page allegedly in breach of this so far shows that they do in fact tacitly accept it) then it is the duty of Facebook to properly protect Ms Marino's interests as a user who has complained of IP infringement to remove any and all mentions or usages of the term 'blenderized diet' from Facebook. I have here further documentary evidence that Ms Marino is making this specific claim and further expressly forbidding any party to use the term 'blenderized diet' without her consent, should you require it, but I contend that her legally binding complaint with you in the first instance negates such a need. To properly fulfill Facebook's policy of protecting individual's intellectual property rights upon receipt of a complaint such as Ms Marino's Facebook must either a) remove any and all instances of usage of the allegedly breaching term from every page, personal profile, advertisment displayed, post, comment or anywhere else it may appear on Facebook or stand derelict of infringing Ms Marino's claimed rights themselves OR b) by failing to do so acknowledge that the claim has no merit, and reinstate any page taken down under the aegis of this demonstrably false, scurrilous and malicious claim clearly made whilst said party perjures herself in law. I request Facebook immediately and properly uphold Ms Marino's rights as per her claim and your policies and accept that by so doing in the light of incontrovertible evidence that such a claim is false and uttered in perjury OR immediately reinstate the page 'Blenderized Diet' and undertake to treat with utmost caution any further such claims by Ms Marino. I look forward to a very speedy and satisfactory resolution on behalf of myself and my fellow co-administrators as cc'd in to this email along with Ms Marino herself. Sincerely, Eric Aadhaar O'Gorman. [Text of original notification from Facebook below] Hello, We have removed or disabled access to the following content that you have posted on Facebook because we received a notice from a third party that the content infringes or otherwise violates their rights: [Page: Blenderized Diet] We strongly encourage you to review the content you have posted to Facebook to make sure that you have not posted any other infringing content, as it is our policy to terminate the accounts of repeat infringers when appropriate. If you believe that we have made a mistake in removing this content, then please visit http://www.facebook.com/help/?page=1108 for more information. The Facebook Team
Please, let this be the end of a pathetic and pitiful saga. For her sake as much as ours.