I'm not an attorney either, but I totally agree with Ken. I think he's spot on!
On Jun 10, 2016, at 7:00 AM, Ken Green via DeTomaso <detomaso@server.detomasolist.com> wrote:
As a disclaimer, I do not litigate and do much less with copyrights than with patents or trademarks. The following is based on recollections of past readings. I'm not totally sure, but I suspect Shortt would never find an IP litigator to take a case like this on a contingency, and all the IP litigators I know are $300 to $600 an hour. Then there is an issue of damages and/or an injunction. A litigator could get a percentage of damages, but you must have either damages set by statute or have a basis for actual damages, for example, the loss of income because you lost sales, or because someone profited from the infringement. Not sure, but the copyright may have to be registered to get statutory damages, and there is no basis for loss of income or any infringer profit. So all Shortt might be able to get is an injunction, and that pays zero to an attorney. Also, I doubt Shortt would want to present a repost of his racist rant in court as evidence of infringement. One might even argue that such reposting was fair use because it provided the community with important insight into Shortt's qualifications to be the president of a national organization. So unless the kkk has staff attorneys providing free legal services, Shortt would probably have to pay an attorney to take a case like this. Can someone just get Shortt to lighten up and stop this crap? The Jekyll and Hyde routine is getting old. You can't keep telling people your a good guy typing to improve the club and at the same time treat people like dirt. Ken __________________________________________________________________
Kurt, all copyrights are listed with the US Gov't Its possible to check there and see if ANY copywrites are assigned to any entity. The last time I checked, DeTomaso and Pantera were assigned to Allessandro's lawyer in Italy in the early '90s. Research is a good prelude to hiring a lawyer who will do this as his first move anyway. At $100.hr Cheers- J Deryke
-----Original Message----- From: Mark Charlton <[2]pantera01826@rogers.com> To: Kurt Byrnes <[3]kdb@kbyrnes.com> Cc: detomaso <[4]detomaso@server.detomasolist.com> Sent: Thu, Jun 9, 2016 7:37 am Subject: Re: [DeTomaso] Again with the threats! Kurt, That is extremely disappointing. I wish that I was a lawyer and could help. I have felt for years that being paid silly amounts of money to argue with people was a missed calling. I hope that someone here is capable and willing to provide the advice needed without cost to you. If the rest of us can help beyond our moral support and appreciation, please do not be shy about reaching out. We all (except one person, obviously) greatly appreciate you efforts. Mark Charlton [1][5]pantera01826@rogers.com On Jun 9, 2016, at 9:29 AM, Kurt Byrnes <[2][6]kdb@kbyrnes.com> wrote:
Just so everyone is aware, I was sent another email last night warning me to hire an lawyer. Apparently, "my" list is violating copyrights.
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From: Will Kooiman <will.kooiman@gmail.com> To: Jack DeRyke <JDeRyke@aol.com>; pantera01826@rogers.com; kdb@kbyrnes.com Cc: detomaso@server.detomasolist.com Sent: Friday, June 10, 2016 5:29 AM Subject: Re: [DeTomaso] Again with the threats! I think we all know this is only a threat. Michael could find a lawyer to pursue, because you can find a lawyer to pursue anything. But it would never go anywhere. If he wants to spend his money (or perhaps the POCA reserves) to pursue this, that's when we would take up a collection. Until that happens, just blow him off. -- Will On 6/10/16 2:49 AM, "Jack DeRyke via DeTomaso" <[1]detomaso@server.detomasolist.com> wrote: the list.
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References
1. mailto:detomaso@server.detomasolist.com 2. mailto:pantera01826@rogers.com 3. mailto:kdb@kbyrnes.com 4. mailto:detomaso@server.detomasolist.com 5. mailto:pantera01826@rogers.com 6. mailto:kdb@kbyrnes.com 7. mailto:DeTomaso@server.detomasolist.com 8. http://server.detomasolist.com/mailman/listinfo/detomaso 9. mailto:DeTomaso@server.detomasolist.com 10. http://server.detomasolist.com/mailman/listinfo/detomaso 11. mailto:pantera01826@rogers.com 12. mailto:kdb@kbyrnes.com 13. mailto:DeTomaso@server.detomasolist.com 14. http://server.detomasolist.com/mailman/listinfo/detomaso 15. mailto:DeTomaso@server.detomasolist.com 16. http://server.detomasolist.com/mailman/listinfo/detomaso 17. mailto:DeTomaso@server.detomasolist.com 18. http://server.detomasolist.com/mailman/listinfo/detomaso 19. mailto:DeTomaso@server.detomasolist.com 20. http://server.detomasolist.com/mailman/listinfo/detomaso _______________________________________________
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