BreatheHeavy.com Forced To Close
Dear BreatheHeavy readers,
I, Jordan Miller, Owner & Webmaster of BreatheHeavy.com and BritneyRes.com, want to thank you with all my heart for the loyalty and support you’ve shown over the last 5 years BreatheHeavy has been open.
We are all here for one purpose: to support the icon of our generation, Britney Spears, and to continuously stick by her through the good and bad.
I have been battling the conservatorship Britney is currently placed under for months now. When I did not conform to the requests and demands Britney’s management and father, Jamie Spears, recently put upon BreatheHeavy to stay quiet, they in turn became angry and malicious, launching, what I feel is an unjust attack, against me and my website.
As a result, I received a legal notice from Jamie Spears’ lawyers pressuring me to close BreatheHeavy.com by 3:00 p.m. PST today, March 27, 2009, or face an injunction, claiming they will pursue legal action by Jamie Spears, who, as a conservator, is legally allowed to act as Britney and sue using her money and lawyers.
“Britney doesn’t control her affairs,” said Brad Rose, the lawyer representing Britney in this case in a telephone conversation.
“You are an uber fan who’s gone a little too far.”
The legal notice states BreatheHeavy is not in compliance of Copyright Infringement laws, violating Britney’s rights of publicity and privacy:
quote:
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"The Infringing Sites are replete with willful, unauthorized and unlawful use and/or exploitation of: (i) the copyrighted lyrics to songs written and/or recorded by Ms. Spears; (ii) Ms. Spears's trademarked name, (iii) various video and audio recordings embodying the performances of Ms. Spears; and (iv) photographic images of Ms. Spears (owned or exclusively licensed to third parties by Ms. Spears).
The unauthorized use of these recordings, images, copyrighted works and trademarks constitutes actionable infringement under, inter alia, copyright and trademark law, and also violates Ms. Spears's rights of publicity and privacy."
"Ms. Spears will pursue damages and injunctive relief in connection with the blatant violation of her rights of publicity and privacy."
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The real issue, in my opinion, is hidden behind these Copyright Infringement claims, rather management, particularly her father / conservator, Jamie Spears, who makes $18,000 a month off his daughter, is desperately trying to hide the truth about Britney’s imprisonment, and shut anyone up who disagrees with their conniving and selfish exploitation of an innocent mother of 2 pushed back into the lime-light just several months after a hospitalization.
Another issue the lawyers claim aside from “Copyright Infringement,” is the use Britney’s trademarked name and image, stating I am not allowed to use her name or picture except for editorial and hard news purposes only.
Additionally, the Google and TicketMaster ads placed around the website are a “major issue,” stating I am using Britney’s name and image for financial gain without her consent.
BreatheHeavy.com is a non-profitable website, meaning I, nor anyone, makes a PROFIT off the website. The ads used help the website remain self-sustainable, and if there is a profit made, the funds, in return, are used to purchase magazine scans and other materials needed for the website.
Am I crazy and naive for running a major website that leaves me in debt each month? Possibly, but BreatheHeavy is my passion, a creative outlet that has allowed me to grow as an individual.
Britney Spears is my inspiration; I can’t put a price on that.
Though I made very clear to the attorneys that BreatheHeavy is a non-profitable website, it is of no concern of theirs.
This entire site thrives because of YOU, the fans, who support Britney by buying tickets to her show, merchandise and music. Sadly, your hard-earned money that goes to supporting your favorite celebrity, is now money being used to potentially sue me, a major fan and supporter of Britney Spears, and hide fans from knowing the TRUTH.
This conservatorship Britney is placed under, which controls every aspect of her life, is now clenching the future of her biggest Fansite.
I’m prepared to fight, but I need to know that you guys are willing to fight with me.
I desperately need your help.
BreatheHeavy.com costs a minimum of $350.00 a month to run. Because I am not allowed to use ads to run the website any longer, as I am “using Britney Spears’s image for financial profit,” I am asking readers to donate money until the situation has been handled.
Paypal email address:
[email protected]
Any donation will be greatly appreciated.
This is the hardest thing I’ve ever had to do, but I know with the support of fans and readers, this unjust bullying will come to an end, and one day Jamie Spears’ reign over his daughter, her money, lawyers, career and life will cease.
Please understand this is NOT my decision, and I am being FORCED to take desperate measures in an effort to save this website and stand up for what is right.
BreatheHeavy will remain up in the air until a resolution with her management, lawyers and father has been reached, if ever.
“I will destroy your ass,” threatened Jamie Spears to me in a telephone conversation.
This is not the end.
Love,
Jordan Miller, Owner & Webmaster of BreatheHeavy.com
