Kim McLeod from AJ Park in Online Sex Disgrace

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Featured Image – Kim McLeod from AJ Park (Source)

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Auckland Lawyer, Kim Mcleod (AJ Park) –  in Online Sex Disgrace  – TOTAL Failure- case dismissed – his client LOST est $20,000 in fees

(Apparently doesn’t even understand section 21 of the Copyright Act he says he is an ‘expert ‘ in!! Hilarious faliure by a dodgy lawyer.)

Who has their noses in the online sex industry trough? AJ Park lawyers, Kim McLeod & Matthew Hayes  have been happily earning legal fees from the biggest online sex / escorts website in the Country. $11, 000 in legal fees have been billed by AJ Park by way of Kim McLeod & Matthew Hayes  to Plaintiff New Age Advertising thus far, with all signs there are more to come. Is there actually any basis for their legal claim ? Or is this just an attempt by a cash rich pornographic website to scare off competitors- by employing the “skill” set of lawyers like Kim McLeod and Matthew Hayes from AJ Park Ltd Auckland? Another case has come to our attention in which Kim McLeod is mentioned – where the Department of Internal Affairs carried out raids on a businessman’s property and had computer equipment seized- it has been alleged in that case that there was inappropriate information sharing by Counsel for the Plaintiff (Yellow Pages) and a government department. It has also been suggested in that case that there can not  be copyright over Yellow and White pages databases anyway! Is it really possible for these lawyers to have properties raided and equipment ceased (or in our case “dragged” through court as below, and have private investigators sneaking around our building) on what is claimed are illegitimate legal claims? Are these tactics used consistently by the likes of Kim McLeod and are such actions purely anticompetitive in nature? Should this type of practice of ploy be stopped?

Auckland IP & Copyright Lawyer – Kim McLeod of AJ Park Lawyers was recently lead counsel for the largest online sex website in the Country. Nobody seems quite sure just how ‘close’ Kim McLeod’s relationship is with the online sex trade-but the advice he gave his ‘pimp’ client caused them to lose over $15,000 in legal fees in just a few short months.

Lawyer Kim McLeod of AJ Park Ltd advised his client (NewZealandGirls.co.nz) to pursue a copyright claim against a new website competitor. The new entrant to what was and still is a very monopolized industry obviously had the much larger NZG website rattled with what was apparently much better technology and style- and NZG appear to have relyied on the size of their  wallet and an overpriced (and surprisingly ill-informed) lawyer to try and deal with the threat (We use the term overpriced- given this “expert” in IP law was charging around $400/hour for what appears to have been very poor advice).

Kim McLeod represents himself as an “IP and Copyright Law Expert” [quote/unquote], but in this particular case, seemed to be completely unaware of Section 21 of the actual NZ Copyright legislation – outrageously advising his cashed up client to invest $15,000 on an  Auckland High Court claim that was doomed to failure from the start.

Now NZG must have had the assumption that they own everything and anything- it is often said that is how they often treat their advertisers (contact us for copies of emails stating just that!) – but as it turned out, they had actually sold the photography service to the girls on their website, charged them appropriately, and thus had no right under Section 21 to claim any ownership of those photos- Section 21 gives express ownership to the person paying for the photos.

How on earth this “IP Expert” was able to look at these facts and apparently miss the most basic rules in regards his own specialist area is rather outstanding- some would say pure negligence (we certainly would).

There are a number of quite outrageous stories floating around about this chap Kim McLeod- in one story he seems to be showing off about a relationship with an Asian gang from Hong Kong. In another it is claimed he may have a contact in the Department of Internal Affairs who it is suggested carries out illegal property raids on Mr Kim McLeod’s instruction. And in all the cases we found that involved Kim McLeod, he seemed to be helping oversized bullies to manipulate Commercial or IP Law to try and frustrate legitimate and healthy competition in their markets. There is even a story with supporting documents that seems to suggest he is complicit in presenting what appear to be false affidavits to the High Court.

If you were a large/cashed up market bully looking for a very questionable lawyer to help scare off someone with smarter ideas – it might be wise to find someone with a little less controversy around them than the ‘expert’ exposed  above…..

Kim McLeod is (or was) lead counsel for Plaintiff New Age Advertising Ltd- owner of the largest online sex website in New Zealand- www.newzealandgirls.co.nz . It is our understanding that Kim McLeod specializes in IP and Copyright law, not the online sex industry per say. (recently a new Counsel for the Plaintiff- Matthew Hayes seems to have taken over).  I guess one would say – they are just dabbling in the online sex/ escort  industry, but it is quite possible   they  could now be considered the leading experts in this Country in terms of online sex websites (in legal matters of course) and possibly the biggest earners in the online sex industry in recent months.

The Plaintiff, by way of lead Counsel Kim McLeod, has bought a legal claim against the owners of this website- this lawsuit could affect this business directly and thus we wish to keep our readers and “viewers” informed of such details.

We were actually very surprised that the law firm AJ Park and their “partner” Kim McLeod would want to be seen to be involved in, and profiting from, the online sex industry- but no doubt the market has been tough in all industries of late and thus AJ Park and Kim McLeod are indeed involved in the online sex industry and one might even argue- one of the major players (in legal matters  at least) .

We note Kim McLeod was also counsel previously for Yellow Group/ or Yellow online who claimed somebody had taken their database. It was claimed by the Defendant in that (separate) case that Counsel for the Plaintiff (Yellow) may have had  some questionable contact with a government agency in having the Defendant’s property “raided” by the department of Internal Affairs.  One would hope such claims would be fully investigated as they could  to be very inappropriate if indeed true.

Details of that case here http://www.nzx.com/news/3695481/Raid-over-copyright-allegations-criticised  

And  here:   http://scambusters.co.nz/forum/viewtopic.php?f=9&t=5366

It has also been decided in Australia recently that it is not possible to have a copyright over information held in the Yellow and White pages- if that same logic/ decision applied to the NZ market as one would assume it would- then the defendant in the case detailed on NZX had his property raided and was dragged to court on no basis it may appear. One might  describe such actions  as harassment of a competitor by a much larger company.

Well, we all know the story of Yellow don’t we? A large media company paid Telecom for the business  at the peak of the market, and watched the business almost collapse within years- making it one of the worst corporate deals entered into in NZ business history- as in one of the biggest short term loses on investment in NZ corporate history. (One would hope that was not directly related to the fact they were using Kim McLeod as counsel of course). That must have really hurt. One would also presume they would not want to waste  more  funds on legal “claims” that appear to harass the Defendant with no real legal basis (if the Defendants claims were indeed proven to be true).

In the case being bought by New Age Advertising against the owners of this website – Kim McLeod chose to rely on an affidavit from ICIL Private Investigators (Auckland) in which they claim (after visiting all properties registered to the directors of our company and reportedly “harassing” residents and neighbours at those addresses- and eventually gaining illegal access to the apartment building occupied by our Company)- they “served” court documents on our Company by leaving them on the door step of a fourth floor balcony, then returned to their car and “witnessed” this Company’s director opening the door to the apartment from 200 metres away in their car, with a 20cm visibility angle in the pouring rain- from a photograph as yet not produced in Court- an impossibility and outright dishonest. Counsel for the Plaintiff Kim McLeod presented that document to the High Court in Auckland and chose to “rely” on it. Obviously, ICIL were commissioned by AJ Park and Kim McLeod to attempt to serve these documents and we presume that after 1-2 weeks and 4-5 different addresses they were looking for a solution at any cost, even if making up a story about “seeing” us collect the documents was the only option left. Having people gaining illegal access to our building and sneaking around is obviously of concern also and not something one would usually associated with “legal process” and law.

The Claim bought by Plaintiff New Age Advertising Ltd under the advice/counsel  of Kim McLeod and Matthew Hayes alleges that we are breaching their copyright by using images of girls submitted to our website by the girls themselves, that they have paid for, which feature themselves, which they have requested we publish on our site, but which NZG claim they own copyright over. Despite being in regular weekly contact with all of these girls by phone, NZG have not mentioned anything about this copyright concern to any of them (by their own written submissions to us) but have instead spent around $15,000 of money they earned from these escorts on “dragging” us through the High Court (their precise words). All of the escorts on our site have also submitted confirmation to us that they have no reason to believe they do not own the copyright to the images they paid for and submitted to our site.

NZG charges up to $150/week for a  listing on their website- the most popular website around-making it one of the most expensive website directories around- if not the most expensive)- great if you want to hire expensive lawyers, not so great for the girls themselves who feel they have to advertise on that site due to a lack of good competition (according to www.escortsurvey.co.nz) . We would like to compete and we offer much lower prices for a ‘self management’ site, but it has been quite difficult while fighting a law suit for $100,000 damages for copyright “breach”.

We do of course wonder- given the complaint detailed by NZX above, and our own experience with this lawyer- if perhaps more serious questions need to be asked as to his ethics.  It also appears (one might argue) that these lawyers are used as a  tool of larger companies to “harass” potential competitors- even if there is no basis for it. We certainly feel that is the case with us.

We are not sure who pays more for lawyers (or IP/ copyright specialists) these days-large media companies like Yellow – or  the sex industry- but it would be very interesting to know just what kind of deal Kim McLeod (and secondary Counsel Matthew Hayes- also from AJ Park Ltd) was offered  by the largest online sex website in the Country- also a cash rich company which has recently seen its peak. All sorts of benefits are imaginable for these professionals.

Here is the lesson for Yellow and any other online business which has a large hold on their market- don’t overcharge people – because sure enough when competition finally gets established, no one will like you anymore. Wasting money on questionable tactics by IP lawyers will not necessarily help you hold on.

One thing for sure- Kim McLeod is now in the same boat as the 400 odd girls who sell sex services on that website- in the respect that they all make money from the online sex industry.  In fact it is quite possible that Kim McLeod would make more money from the online sex industry than anyone else whilst this claim is underway. It does make us wonder if there might be a more appropriate name for Mr McLeod’s “specialist field”.  

We plan to keep our clients and associates up-to-date in regards this legal claim being bought against us by Kim McLeod and Matthew Hayes of AJ Park on behalf of the Plaintiff.

The details provided here are aimed at making information on who is involved in this law suit available to our readers and clients so they may be kept informed of the type of people and companies we now see involved in the online sex and escort industry and the type of activities and tactics they employ and use.  

Note: the image being used we believe to be a true likeness of Kim McLeod- but may not be considered by such by other individuals. A short little man by all accounts, blonde, balding with an attempt at a 14 year old school boy “spike” when out shopping with his mother in New Market – & often with  an angry/disappointed and yet ever-so  determined look on his face (Image can be viewed at www.sexykiwigirls.co.nz – featured industry player –  at bottom)

Who has their noses in the online sex industry trough? AJ Park lawyer   Matthew Hayes  has been happily earning legal fees from the biggest online sex / escorts website in the Country. $11, 000 in legal fees have been billed by AJ Park by way of Kim McLeod & Matthew Hayes  to Plaintiff New Age Advertising thus far, with all signs there are more to come. Is there actually any basis for their legal claim ? Or is this just an attempt by a cash rich pornographic website to scare off competitors- by employing the “skill” set of lawyers like Kim McLeod and Matthew Hayes from AJ Park Ltd Auckland? Another case has come to our attention in which Kim McLeod is mentioned – where the Department of Internal Affairs carried out raids on a businessman’s property and had computer equipment seized- it has been alleged in that case that there was inappropriate information sharing by Counsel for the Plaintiff (Yellow Pages) and a government department. It has also been suggested in that case that there can not  be copyright over Yellow and White pages databases anyway! Is it really possible for these lawyers to have properties raided and equipment ceased (or in our case “dragged” through court as below, and have private investigators sneaking around our building) on what is claimed are illegitimate legal claims? Are these tactics used consistently by the likes of Kim McLeod and are such actions purely anticompetitive in nature? Should this type of practice of ploy be stopped?

—– Original Message —–

From: New Zealand Girls

To: Sexy Kiwi Girls

Sent: Thursday, September 09, 2010 9:48 AM

Subject: Re: sexykiwigirls.co.nz: Proceed with Caution

“To late big mouth,

I am taking your name and your companies names through the high court,

I am going to sue you for as much as I can get now, you pushed me into this, I tried to reason with you.

ignorance is not a defence,  I hope you have lots of money and a good lawyer, because I do 🙂

see you in court hot shot”

All of the girls listed on our site have given their express permission for either us to add them or by adding themselves and clicking a button which asks them to certify they have the right to add the content they are adding. They also have the ability to delete or change the content when they please. We have contacted the majority of girls listed on our site in the past 24 hours and they all insist they own the copyright to the photos they paid for and which feature them. The Plaintiff it appears has not made it clear to their clients that they are signing over complete rights to their most private and personal images when they submit them to the Plaintiffs website. The Plaintiff certainly has the power and control to insist girls do not use their own images anywhere else once submitted to them but the fact is they would rather spend $15,000 trying to get the High Court to get others  to help enforce this so called copyright instead of having to admit they want that level of control over their clients. They know girls will stop giving their best images or simply start leaving their site if they make this supposed copyright known to them, so they do not disclose it to girls and are trying to use the Court to enforce it instead.  All girls listed on  our site can login at any time and delete or edit their listing and the Plaintiff has the power to request they do it. We have included here a sample of escort names (Exhibit 4) and the circumstance by which they have used their photos and content on our site and others. It makes it clear they do not agree with the plaintiff that they have given up copyright of their images. One girl does not even exist in reality and yet the Plaintiff claims they own her copyright also. We have also attached (Exhibit 5) a sample of responses we have had back from our clients in the past 24 hours which makes it even more clear that if a copyright rule was made by the Plaintiff in regards their images- they were never told. In fact one email makes it clear the copyright the Plaintiff claims is carefully disguised and thus hardly known. We have been given express permission by the girls on our site to add their images- images they believe they own the rights to. They can delete or change them whenever they please and the Plaintiff has the power to make them do so if they please. We believe the court  should instruct the Plaintiff to go back and try to sell the copyright rule to their clients in a legitimate and open fashion and then instruct  those same girls to remove or cease using them on other sites.  The fact is they do not want to do it this way- the obvious way- the proper way because they know they have been underhanded and it will further destabilize their monopoly grip. We might add – all of the images we use have been provided to us by those signing up- it is not technically possible to obtain images from the plaintiffs site. All of the images on their site are water marked  with “New Zealand Girls” on them so couldn’t be used by us anyway.  We believe the obvious solution to this whole copyright issue is for the Plaintiff to properly inform their clients of any copyright issue and warn them of consequences if they breach such. That would solve the whole issue overnight with either girls leaving their service due to further unfairness and bullying, or simply logging into our site (and others) and removing their listings or replacing the photos with others.

In the case being bought by New Age Advertising against the owners of this website – Kim McLeod chose to rely on an affidavit from ICIL Private Investigators (Auckland) in which they claim (after visiting all properties registered to the directors of our company and reportedly “harassing” residents and neighbours at those addresses- and eventually gaining illegal access to the apartment building occupied by our Company)- they “served” court documents on our Company by leaving them on the door step of a fourth floor balcony, then returned to their car and “witnessed” this Company’s director opening the door to the apartment from 200 metres away in their car, with a 20cm visibility angle in the pouring rain- an impossibility and thus outright dishonest. Counsel for the Plaintiff Kim McLeod presented that document to the High Court in Auckland and “relied” on it. Obviously, ICIL were commissioned by AJ Park and Kim McLeod to attempt to serve these documents and we presume that after 1-2 weeks and 4-5 different addresses they were looking for a solution at any “cost”, even if making up a story about “seeing” us collect the documents was the only option left. Having people gaining illegal access to our building and sneaking around is obviously of concern also and not something one would usually associated with “legal process” and law.

We do of course wonder- given the complaint detailed by NZX above, and our own experience with this lawyer- if perhaps more serious questions need to be asked as to his ethics. It also appears very much that these lawyers are a tool of larger companies to “harass” potential competitors- even if there is no basis for it. We certainly feel that is the case with us.

We are not sure who pays more for lawyers (or IP/ copyright specialists) these days-large media companies like Yellow – or the sex industry- but it would be very interesting to know just what kind of deal Kim McLeod (and secondary Counsel Matthew Hayes- also from AJ Park Ltd) was offered by the largest online sex website in the Country- also a cash rich company which has recently seen its peak.

Here is the lesson for Yellow and any other online business which has a large hold on their market- don’t overcharge people – because sure enough when competition finally gets established, no one will like you anymore. Wasting money on questionable tactics by overpriced IP lawyers will not necessarily help you hold on.

One thing for sure- Kim McLeod is now in the same boat as the 400 odd girls who sell sex services on that website- in the respect that they all make money from the online sex industry. In fact it is quite possible that Kim McLeod would make more money from the online sex industry than anyone else whilst this claim is underway. It does make us wonder if there might be a more appropriate name for Mr McLeod’s “specialist field”.

http://www.kim-mcleod-aj-park.nzip.net.nz/

http://www.xsites.co.nz/#/failed-lawsuit-by-kim-mcleod-a/4547545615

http://www.escorts-auckland.co.nz/#/legal-copyright/4547547666

http://www.sexy-girls.co.nz/#/legal-copyright/4551186992

http://www.scambusters.co.nz/forum/viewtopic.php?f=9&t=5366&start=15

http://www.aucklandvenues.net.nz/links2.html

 

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