RE: [MV] TM copyrights....& slander?

From: Rikk Rogers (rkltd@swbell.net)
Date: Wed Nov 29 2000 - 12:45:25 PST


Jim,
Greatly enjoyed your flame. well worded and concise!
Funny that Don does not share your feelings, his comments are:

>>Hello all

>>Thanks to Jim, and Rikk, for their nice comments about our
>>CDs.
>
>>Regarding the legal status on some of the manuals, we were
>>contacted by JAG this summer, who had determined that some
>>of our manuals should not been available to the public. After
>>much discussion and horsetrading, we were ordered to remove 5
>>manuals, and we chose to remove 2 more. All of the rest were
>>allowed to remain.

As I said Don has a far better product than I would have taken time to
build, which by the way I highly recommend.
To claim copyright is a stretch, to claim fine work product and charge for
it is highly appropriate if the price is reasonable.
His price is far less than what I really wanted for MY time, and anyone who
would rip him off is a cad and a scoundrel.
Hence my comment about using a dime!

In reference to the DRMO SF97 issue, it was not necessarily just "on my
behalf" that I requested help, but on the behalf of anyone buying from DRMO.
They sell a product, but in a lot of cases do not have the training, or do
not want to do the foot work to complete a legal document.
The comment has been made that in many states this "Government Title" is
worthless.
My comment here was made due to simple logistics:
1 DRMO vs. 50 States.
Which do you think should require less effort to change?

As to the FBI,
If "hareball" had a shop on the corner, and was easy to find, I would be
inclined to check him out, and maybe do business with him.
If he listed an address in his website, or it was a .com "setup like what we
saw", I would be less inclined to do business, but with a .com he would in
theory, be fairly easy to find.
The fact that he is/?was using a double blind free site, with no easy trace,
AND asking for 1/2 of $12K up front leads me to believe he may be up to
something.
If he is not GREAT, if he is, how would you find him if he had 6K of your
hard earned cash.
This in general requires special skills and tools, my local PD could handle
it if they had a reason, they don't.
One of several local state agencies could handle it if someone lost money,
none lost that I know of.
Now the FBI, hmmmm, they have the tools, time and personal, they have a
system called CARANIVOR that happily samples email for national security
threats.
If he is doing nothing wrong they won't take time to screw with him, if he
is they will very likely can him, BUT they can look fast and cheep!
Do I trust em, (the fbi) HE^^ NO, I just trust a double blind website less.

As for the search warrant, this is a comment on the state of our Government,
FEMA for example, under certain executive orders has more power and less
accountability than either the FBI or BATF, they don't need a warrant and
ANY Government agency with "enforcement" powers can carry them to extremes
if they chose.

You might be able to seek re-dress later, but tell it to the guy that had
the BATF kick in his front door and cut the front off of his gun safe
looking for automatic weapons, that he should under the 2nd amendment be
able to own, ( he did not have any).

As to providing chapter and verse for you NOT LIKELY!
Especially given the tone of your flame.

If you really want me to do your foot work for you, ask nicely, and in the
spirit and essence of this forum I will track it down.
As far as suing, GO FOR IT, but beware and look carefully at my website, if
you win I may give it ALL (lock stock and barrel) to ya and then you will
have real problems, (i would not wish my pile of horsejunk on anyone, but if
they fought for it......)

As always, in your service & your debt,

Rikk Rogers - RK Lion LTD.
(580)762-3157 rkltd@swbell.net
http://home.swbell.net/rkltd/
-M35A2- MVPA -22345-

-----Original Message-----
From: Military Vehicles Mailing List [mailto:mil-veh@mil-veh.org]On
Behalf Of jim gilmore
Sent: Wednesday, November 29, 2000 11:57 AM
To: Military Vehicles Mailing List
Subject: [MV] TM copyrights....& slander?

Rikk wrote:
>...............then Don advertised on this list his product and I checked
>it out........
>.............Had he priced his product higher I would have happily ripped
>him off, simply
>because the info is not copyrighted.
>And further the Operators manual for the M35A2 TM 9-2320-361-10 HAS NOT
BEEN
>released by TACOM, (thats why its not available on LOGSA) yes I did check
>this out personally.
>His copies ARE illegal........

       HOLD ON HERE............ Rikk, you have made many strange
statements and comments on this list in the past. Calling the DRMO and
complaining and then asking everyone on the list to call them on your
behalf, calling the FBI on others, but now you have taken this way too
far! Accusations of criminal intent and activity are very different then
just making a incorrect statement

        You have now entered into the realm of slander. You have stated
that the CD-ROM that Don Merdon sells is illegal. You are also stating that
by his selling this CD-ROM he is performing a criminal act. Since I also
sell the paper copy of this manual (TM 9-2320-361-10) as does Portrayal
Press and others, your statement implies that we are also criminals selling
illegal items.

         LET ME MAKE THIS AS SIMPLE AS I CAN.

       Produce proof that your statement is factual and that this manual is
illegal to own or sell. That the mere possession of it is cause for an
search warrant and subsequent arrest. If not, expect to hear from my
attorney on the matter of slander. You simply cannot put out anything you
please on the Internet and expect to get away with it. The courts are
specific on this and it is the same as if it was printed in a book or
periodical.

       The manual you refer to (TM 9-2320-361-10) was published first in
December, 1988, over 12 years ago. Even at that time the distribution
statement was listed as "C". The manual was not restricted nor is there a
restriction notice on it. A distribution statement of "C" does not make
this illegal. Put out your proof and give facts as to just how this is an
illegal manual and just how Don is breaking the law by selling his
CD-ROM. And I don't mean " I was told that by someone at TACOM", I mean
the actual law that we are breaking. As you have stated more than once that
the manual is "illegal", you should be able to give us the law with the
section and paragraphs that pertain to it.

   You also wrote,

>..............Also, keep in mind, with the illegal manual in the set, his
>sales records
>give any Gov. agency the ability to get a legal search warrant against your
>premises (don't know why they would, but they could) and any computer or
>network you are connect to (given the logic the jackboots have used in the
>past, you could get paranoid)...............

       This statement seems to be aimed at scaring customers away from
Don's CD-ROM. Your statement is facetious and may be in violation of the
RICO law. Perhaps you will enlighten us as to exactly which law this
search and seizure would fall under. As for "any Gov. agency" having the
ability to perform this search and seizure......are you suggesting that the
National Park Service or FEMA or the FDA could do
this?

After all, they fall under the "any Gov. agency" statement of yours.

      I would suggest you answer these questions as quickly as possible as
Don may want to start legal action as well.

  I await your proof and listing of the relevant laws.

            Jim Gilmore MVPA # 5843

Member Ist Michigan AOD Chapter MVPA
                Great Lakes Chapter MVPA
                Ohio Motor Pool Chapter MVPA
                Red Ball Chapter MVPA
                Ontario Military Vehicle Association
                Midwest Military Vehicle Assocation
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