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Shooting at 7th and Market (San Francisco), June 25, 2011

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Uploaded on Jun 28, 2011

UPDATE: I received a conciliatory email today from Brooke Oliver, thanking me for removing the objectionable material, urging me to be more careful in the future and inviting me to participate in future Pride celebrations. She also withdrew the demand for $10,000 in damages.

The following letter comes from the good folks at SF Pride. They say I defamed them by suggesting the shooting occurred at SF Pride. Ms. Oliver makes her case that it did not. I have no information other than what you see in the video, well informed by knowledge of prior incidents and what I observed this past weekend. Any prior indication that it was connected with SF Pride was pure opinion based on the direction of the people coming and going in the area, the way these people were dressed and the close proximity of the incident to the parade route and the festival. I am very sorry if Ms. Oliver and SF Pride misinterpreted the captions and I recognize others could have misinterpreted the captions as well. With this in mind, the public deserves to see what's on the video and happening in their city close to events like the Pride festival. And so I have chosen to keep it up sans captions.

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Dear Mr. Wilton:

I am General Counsel for the San Francisco Lesbian, Bisexual, Transgender Pride Celebration Committee, Inc. ("SF Pride"), the producer of San Francisco Pride and the owner of the trademark "SF Pride, among other valuable marks.

The YouTube video that you filmed and display at http://www.youtube.com/watch?v=dOfz0z... falsely states that there was a "shooting at Pride 2011". The police and the media have all confirmed and made affirmative public statements that the shooting that happened on Saturday evening, June 25th WAS NOT AT SF PRIDE and was not connected the Pride Festival.

For example, see: http://www.sf-police.org/index.aspx?p... which quite clearly leaves out any reference to SF Pride or the Pride festival. And http://abclocal.go.com/kgo/story?sect... which notes that the shooting was "blocks from the Pride festivities."

Your YouTube posting falsely claims in the title and in the introductory splash page at 0:01-0:06. In fact, the shooting was NOT on the SF Pride festival grounds and was not related to SF Pride, or the Pride Festival, or any LGBT issue or concern.

You did not, for example, title your video "shooting in front of Apple iPad advertisement." Nothing in the video has any connection with SF Pride or the Pride festivities. You simply chose to sensationalize your posting by wrongly associating a violent tragedy with the safe and peaceful, SF Pride. Your advertising harms SF Pride by that false association. It harms SF Pride's ability to attract attendees and sponsors for future events by creating the false impression that the event and festival were the site of a violent shooting.

Your video constitutes false advertising from an attorney, trade libel, and constitutes tortious interference with SF Pride's prospective economic advantage by associated its safe event with this tragic and entirely unrelated incident.

According to YouTube, over 3,200 have viewed this outrageous misrepresentation already. Specifically:

San Francisco / Civic Center Shooting at Pride 2011 - Sat 6-25-2011
http://www.youtube.com/watch?v=dOfz0z...

The end of the video at about 2:27 in states:

Filmed by David Wilton
Law Offices of David Wilton
http://www.davidwilton.com/
(415) 669-4059

SF Pride demands that you at once do the following or we will take all other necessary and appropriate legal action:

1. Take down the above referenced video.

2. Replace it with an affirmative public apology to SF Pride for wrongly associating it with violence, and clarifying that the shooting on Market Street had nothing to do with the SF Pride festival, and was blocks away from it;

3. Pay SF Pride $10,000 in damages and costs. Any delay will certainly see this amount increase.

Very Sincerely,
Brooke Oliver
Outside General Counsel, San Francisco Pride

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