Chelation And Sequestration -- Chemical Characteristics
[Karl Note: On July 18, 2002, I received the following eMail:
Dear Karl,
I am an Attorney for National Starch and
Chemical Company and request that you remove
the link to ALCO Chemical Company products
that is on your web site. I will follow-up
this e-mail with a certified letter stating
the same. ALCO is a subsidiary of National
Starch and Chemical Company. We believe that
such a link is inappropriate, and the link
was placed without our permission, which is
illegal. ALCO Chemical Company produces
products for industrial use, which are
excellent for chelation and sequestration of
alkaline earth metals and heavy metals.
These products have not been approved for
human consumption, and may be harmful if so
used. The connection of your Chelation
Therapy to remove metals from the body with
our industrial chemicals is misleading and
could prove harmful. Again, we request the
removal of this un-approved link from your
site. The link is found by clicking on our
mant products at the web page
http://www.chelationtherapyonline.com/articles/p28.htm
Thank you
I provide 20,000 pages of educational and informative information on my 18 web sites. The process of "chelation" is vital to the health of our society, and needs to be better understood. The information below aids any serious student of the concept of "chelation" understand it better.
I make no claims that the materials mentioned below are ever to be used in any sort of human treatment. This information is presented only for its background and research value.
I also note that it is common in the drug community to find "friends" who will threaten legal action if a non-drug approach to health is not suppressed. I do not bow to such threats. This usage is covered by the "fair use exception" of the copyright laws.
Karl Loren
PS: Follow-up messages are HERE
  Chelation/Sequestration Many of Alco Chemical’s product lines will provide chelation and/or sequestration of alkaline earth metals such as calcium and barium or heavy metals such as copper, iron, or zinc. Alco’s polymer products in the AQUATREAT®, ALCOSPERSE®, ALCOQUEST® , VERSA-TL®, and NARLEX® ranges provide valuable chelation and sequestration properties for calcium, magnesium, barium, and strontium. Many of these products can also form complexes with transition metals such as copper, iron, or zinc. When chelation occurs with Alco’s polymer products, the result is increased solubility or suspension of the metal complex. In contrast, Alco’s AQUAMET® line of dithiocarbamates and trithiocarbonate chemistries form insoluble complexes with heavy metals such as copper, nickel, iron, zinc, chromium, lead, mercury, gold, and silver. An illustration of polymer chelation with calcium appears below: |
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-----Original Message-----
From: thomas.roland@nstarch.com [mailto:thomas.roland@nstarch.com]
Sent: Monday, July 22, 2002 5:30 AM
To: karl@karlloren.com
Subject: RE: Message to Karl Loren from the
Chelation Therapy On Line Home Section
Karl,
You may add my comment. The point is that you may not place links to other websites on your website without permission from the owner of the linked site - that is illgal. No such permission was given in this case. We cannot stop you from naming our Trademarked products - unless they are mischaracterized - but we are asking you simply to remove the linking process where one can click on the trademanes of our products on your site, and that takes one to the ALCO Chemical site. So you keep the tradenames - just make them black rather than blue, and remove the link when clicked.
Dear Thomas,
Normally I would not respond to a message such as yours.
But, while I think your opinion is not valid, you are being civil, so I do respond.
I am quite confident that a "linking" process cannot possibly be illegal. You may cite some web version of the appropriate law or case?? "Linking" is nothing more than "pointing" to something.
I pride myself, in any uses of this type, of NOT hiding the original source. In other words, if I present some data, not originally my own, I would normally always show the source of that data -- any honest writer should do that.
And, of course, you are familiar with the "fair comment" exclusion to the copyright laws. I have all of that copyright material on one of my web pages, but I'm sure you are familiar.
The concept of "chelation" is much broader than the narrow use in the health field. The concept of "chelation" is a well accepted fact of physics and chemistry. Those who are critical of the use of chelation therapy, in the field of health, to remove metals from the body, often criticize the very existence of "chelation."
Thus, data describing the wide-spread industrial use of "chelation" (unrelated to health uses) is a valid and fair comment about a subject of public interest and importance.
Regards,
Karl Loren
-----Original Message-----
From: thomas.roland@nstarch.com [mailto:thomas.roland@nstarch.com]
Sent: Wednesday, July 24, 2002 6:54 AM
To: karl@karlloren.com
Subject: RE: Message to Karl Loren from the Chelation Therapy On Line Home Section
Karl,
Linking is an interesting emerging issue in internet law. There have been cases, notably Intellectual Reserve v. Utah Lighthouse Ministries, Inc., Case No. 75 F.Supp. 2d 1290 (D.Utah, Dec. 6, 1999) resulting in an injuction agaist the site with a link to three URLs of the plaintiff that were used without the plaintiff's permission.
The problem with a link, and especially a deep link is that, according to an article in the 161 New Jersey Law Journal 276 Supplement Intellectual Property, July 24, 2000, S-8, "linking to another Web site without permission is an unauthorized tramnsmission of copyrighted material indicating a false association."
While "pointing" as you state is OK, and you pride yourself in not hiding original sources, the link you created does in fact create such a false association. You certainly have a right to use the many ALCO trademarks in a correct fashion, and a right to point that more information can be found at the ALCO Chemical web site, and it is proper to have a click link to the ALCO Chemical website. However, deeper links within another's web site obscure the fact that the site is another's site, and not your own. Such a false association is not what you want, nor what we want.
Dear Thomas,
The Lighthouse case is so different from my situation that you should be ashamed. You cite it, but give no background. That case is described on my web site now. In that case some person (the Defendant) was using information not intended for public use, thus you could say "secret." The copyright laws allow for a status of "unpublished work" which, even so, gets copyright protection. This would mean that the acquisition of such material would have to, somewhere in the chain of possession, involve a violation the agreements under which it was "shared" in its unpublished form.
Thus, if a Church has a secret religious ceremony, and each person who participates in that ceremony pledges to maintain the secrecy of the contents of that ceremony, and then, whether with improper inducement, or not, such person violates that pledge, the final recipient has obtained tainted property.
Here is a relevant reference;
The U.S. Supreme Court in 1988 let stand a ruling that use of unpublished diaries and letters under the premise of research or news reporting may impair the future value of those writings. Such works are protected by a prepublication copyright. Further, there is a presumption that use of unpublished works is not fair use, the lower court concluded. 9 (source)
In your case your web page is published for anyone to view. It was not an unpublished work as in the case you cited. In fact, many different search engines regularly scan and index your pages, presumably without your permission or even knowledge. The "purpose" of the search engine is simply to "point" to your pages, however deep they may be within the web site. The search engine "decides" (in some mechanical sense) what text to display when they point to your page.
My use of the material would also constitute "fair use" -- and that term is getting very broad interpretation lately.
I could go on, but feel that I've done far more than necessary to refute your allegations.
Regards,
Karl Loren