[DeTomaso] Again with the threats!

Ken Green kenn_green at yahoo.com
Fri Jun 10 10:00:04 EDT 2016 

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

      From: Will Kooiman <will.kooiman at gmail.com>
 To: Jack DeRyke <JDeRyke at aol.com>; pantera01826 at rogers.com; kdb at kbyrnes.com 
Cc: detomaso at 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"
<detomaso at server.detomasolist.com> wrote:

>  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 <pantera01826 at rogers.com>
>  To: Kurt Byrnes <kdb at kbyrnes.com>
>  Cc: detomaso <detomaso at 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]pantera01826 at rogers.com
>  On Jun 9, 2016, at 9:29 AM, Kurt Byrnes <[2]kdb at 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.
>  >
>  > _______________________________________________
>  >
>  >
>  > Detomaso Forum NO LONGER Managed by POCA
>  > Posted emails must not exceed 1.5 Megabytes
>  > DeTomaso mailing list
>  > [3]DeTomaso at server.detomasolist.com
>  > [4]http://server.detomasolist.com/mailman/listinfo/detomaso
>  >
>  > To manage your subscription (change email address, unsubscribe, etc.)
>  use the links above.
>  >
>  > Members who post to this list grant license to the list to forward
>  any message posted here to all past, current, or future members of the
>  list. They also grant the list owner permission to maintain an archive
>  or approve the archiving of list messages.
>  _______________________________________________
>  Detomaso Forum NO LONGER Managed by POCA
>  Posted emails must not exceed 1.5 Megabytes
>  DeTomaso mailing list
>  [5]DeTomaso at server.detomasolist.com
>  [6]http://server.detomasolist.com/mailman/listinfo/detomaso
>  To manage your subscription (change email address, unsubscribe, etc.)
>  use the links above.
>  Members who post to this list grant license to the list to forward any
>  message posted here to all past, current, or future members of the
>  list. They also grant the list owner permission to maintain an archive
>  or approve the archiving of list messages.
>
>References
>
>  1. mailto:pantera01826 at rogers.com
>  2. mailto:kdb at kbyrnes.com
>  3. mailto:DeTomaso at server.detomasolist.com
>  4. http://server.detomasolist.com/mailman/listinfo/detomaso
>  5. mailto:DeTomaso at server.detomasolist.com
>  6. http://server.detomasolist.com/mailman/listinfo/detomaso
>_______________________________________________
>
>
>Detomaso Forum NO LONGER Managed by POCA
>Posted emails must not exceed 1.5 Megabytes
>DeTomaso mailing list
>DeTomaso at server.detomasolist.com
>http://server.detomasolist.com/mailman/listinfo/detomaso
>
>To manage your subscription (change email address, unsubscribe, etc.) use
>the links above.
>
>Members who post to this list grant license to the list to forward any
>message posted here to all past, current, or future members of the list.
>They also grant the list owner permission to maintain an archive or
>approve the archiving of list messages.


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-------------- next part --------------
   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
     __________________________________________________________________

   From: Will Kooiman <will.kooiman at gmail.com>
   To: Jack DeRyke <JDeRyke at aol.com>; pantera01826 at rogers.com;
   kdb at kbyrnes.com
   Cc: detomaso at 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 at server.detomasolist.com> wrote:
   >  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 at rogers.com>
   >  To: Kurt Byrnes <[3]kdb at kbyrnes.com>
   >  Cc: detomaso <[4]detomaso at 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 at rogers.com
   >  On Jun 9, 2016, at 9:29 AM, Kurt Byrnes <[2][6]kdb at 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.
   >  >
   >  > _______________________________________________
   >  >
   >  >
   >  > Detomaso Forum NO LONGER Managed by POCA
   >  > Posted emails must not exceed 1.5 Megabytes
   >  > DeTomaso mailing list
   >  > [3][7]DeTomaso at server.detomasolist.com
   >  > [4][8]http://server.detomasolist.com/mailman/listinfo/detomaso
   >  >
   >  > To manage your subscription (change email address, unsubscribe,
   etc.)
   >  use the links above.
   >  >
   >  > Members who post to this list grant license to the list to forward
   >  any message posted here to all past, current, or future members of
   the
   >  list. They also grant the list owner permission to maintain an
   archive
   >  or approve the archiving of list messages.
   >  _______________________________________________
   >  Detomaso Forum NO LONGER Managed by POCA
   >  Posted emails must not exceed 1.5 Megabytes
   >  DeTomaso mailing list
   >  [5][9]DeTomaso at server.detomasolist.com
   >  [6][10]http://server.detomasolist.com/mailman/listinfo/detomaso
   >  To manage your subscription (change email address, unsubscribe,
   etc.)
   >  use the links above.
   >  Members who post to this list grant license to the list to forward
   any
   >  message posted here to all past, current, or future members of the
   >  list. They also grant the list owner permission to maintain an
   archive
   >  or approve the archiving of list messages.
   >
   >References
   >
   >  1. mailto:[11]pantera01826 at rogers.com
   >  2. mailto:[12]kdb at kbyrnes.com
   >  3. mailto:[13]DeTomaso at server.detomasolist.com
   >  4. [14]http://server.detomasolist.com/mailman/listinfo/detomaso
   >  5. mailto:[15]DeTomaso at server.detomasolist.com
   >  6. [16]http://server.detomasolist.com/mailman/listinfo/detomaso
   >_______________________________________________
   >
   >
   >Detomaso Forum NO LONGER Managed by POCA
   >Posted emails must not exceed 1.5 Megabytes
   >DeTomaso mailing list
   >[17]DeTomaso at server.detomasolist.com
   >[18]http://server.detomasolist.com/mailman/listinfo/detomaso
   >
   >To manage your subscription (change email address, unsubscribe, etc.)
   use
   >the links above.
   >
   >Members who post to this list grant license to the list to forward any
   >message posted here to all past, current, or future members of the
   list.
   >They also grant the list owner permission to maintain an archive or
   >approve the archiving of list messages.
   _______________________________________________
   Detomaso Forum NO LONGER Managed by POCA
   Posted emails must not exceed 1.5 Megabytes
   DeTomaso mailing list
   [19]DeTomaso at server.detomasolist.com
   [20]http://server.detomasolist.com/mailman/listinfo/detomaso
   To manage your subscription (change email address, unsubscribe, etc.)
   use the links above.
   Members who post to this list grant license to the list to forward any
   message posted here to all past, current, or future members of the
   list. They also grant the list owner permission to maintain an archive
   or approve the archiving of list messages.

References

   1. mailto:detomaso at server.detomasolist.com
   2. mailto:pantera01826 at rogers.com
   3. mailto:kdb at kbyrnes.com
   4. mailto:detomaso at server.detomasolist.com
   5. mailto:pantera01826 at rogers.com
   6. mailto:kdb at kbyrnes.com
   7. mailto:DeTomaso at server.detomasolist.com
   8. http://server.detomasolist.com/mailman/listinfo/detomaso
   9. mailto:DeTomaso at server.detomasolist.com
  10. http://server.detomasolist.com/mailman/listinfo/detomaso
  11. mailto:pantera01826 at rogers.com
  12. mailto:kdb at kbyrnes.com
  13. mailto:DeTomaso at server.detomasolist.com
  14. http://server.detomasolist.com/mailman/listinfo/detomaso
  15. mailto:DeTomaso at server.detomasolist.com
  16. http://server.detomasolist.com/mailman/listinfo/detomaso
  17. mailto:DeTomaso at server.detomasolist.com
  18. http://server.detomasolist.com/mailman/listinfo/detomaso
  19. mailto:DeTomaso at server.detomasolist.com
  20. http://server.detomasolist.com/mailman/listinfo/detomaso

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