The Editorial Announcement regarding the Published Article «Flying Over The Phoenix Nest»

The mentioned article was published 24th September 2016 and can be found at the URI: http://luxherald.com/2407-flying-phoenix-nest.html. Some time later we have received a legally-looking complaint with request to take this article down. It seems, but can not be independently proven, that the author of the complaint is in charge of the interests of one of the parties mentioned in the article. According to the good practice the post was marked for the further review and examination.

We have requested and got fully comprehensive set of documents from the author of the article. We have been convinced that he or she acts at the good will and truthfully presents the state of IT segment of the Ukrainian economy and the dubious role of the law enforcement in it. We have also received comprehensive set of the documents regarding the role of business entities and persons involved.

Meanwhile and possibly not in direct connection with the complaint we have received menacing messages about the forthcoming attack on our informational infrastructure (DOS). While it can“t be reliably attributed to the party which initiated complaint we have found such coincidence disturbing. Our technical staff reported the presence of suspicious activity on our site. Additionally, our readers reported the inability to reach LuxHerald.

Therefore editorial board came to unanimous decision not to comply with take-down request. We decided:

  1. We will preserve the article for indefinite time on its place at LuxHerald.com except when the point 4 will be enforced.
  2. We will grant the opportunity to publish their own vision of the conflict to the party which originated complaint. We will take any reasonable actions required to let facts used in defence of opposite party become broadly available on our site. It should be published along with the documents and facts.
  3. We will not take the article down based on the equivocal menaces like DOS. We denounce such actions as illegal and hope that current malicious activity on site is not attributed to the before-mentioned request.
  4. We outsource the final decision to the Berkman Klein Center. We will comply to their decision.

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