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Re: “SLAPP Back

Thank you for writing this article. I would like to point out a few inaccuracies and kindly ask that you make corrections as soon as possible. You have made several potentially harmful and misleading comments that I would like to clarify. I really wish you would have emailed me (you should have access to it) before publishing this article to get the facts straight. I have taken Journalism classes elsewhere, so this article really upsets me and I feel obligated to speak up. Please fix it and inform readers of these errors immediately.

1) Black Water is not a documentary - it is a fictional short and NONCOMMERCIAL narrative that explores how Killer Whales may feel in a captive environment, takes a critical look at the issue of keeping them and other animals in captivity, and above all provides an inspirational message for people who struggle through depression. It illuminates our emotions, how they can pull each of us down, and that in the end there is meaning to it all.

I wanted to tell this story in Black Water because so many people or their friends/family face depression each day and it's important to know there are reasons for what we go through, and that better days may come. The script is actually based on my own experiences with depression.

2) In regards to "Affolter made the unreleased documentary using footage of Kiska taken surreptitiously by an unnamed Marineland employee." - this is completely FALSE. None of my footage was obtained from Marineland employees.

3) In regards to "Considering how much time, effort and money PETA has spent defending Naruto's right to a selfie, I'd bet PETA won't leave Affolter high and dry in this lawsuit." - This is misleading and connotatively sends the wrong message. Neither PETA nor any other organization has given me funds in support of the film or defending the lawsuit.

4) In regards to "If you make a video that you don't ever charge people a penny to see, but it ends up raising substantial amounts of money for organizations that fight for causes related to the film's subject matter, does that categorize your film as commercial? The connection seems flimsy." - This makes it seem like my film is meant as a fundraiser for organizations, which it isn't. Furthermore, no money has been raised at all in terms of ticket sales or promoting the film, all I've raised is for legal costs to defend myself and as I said these organizations have not assisted me. My film is strictly noncommercial and is simply a passion project. While I am a part of organizations, this project is separate from those entities.

Even if you didn't intend, this article is very biased and inaccurate and needs to be fixed. Please keep facts straight in the future.

Zach Affolter

5 likes, 0 dislikes
Posted by ZachAffolter on 05/26/2016 at 5:02 PM

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