[DeTomaso] Again with the threats!

scottcouchman at yahoo.com scottcouchman at yahoo.com
Fri Jun 10 16:10:51 EDT 2016


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 at 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
>     __________________________________________________________________
> 
>   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.
>>> 
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>> 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
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>> 
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>   _______________________________________________
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> 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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