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TWI sued me, I sued back


pjroberge
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Well, I'll tell you what: I'll cut out the amateur lawyering if you cut out the amateur psychology. I'll resume my principal objection to this action:

Pat is not The Way International.

TWI is.

Give them their domain name already.

I the Sermon on the Mount doesn't apply here, then where does it apply?

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Raf said:

Well, I'll tell you what: I'll cut out the amateur lawyering if you cut out the amateur psychology.

>>

This is interesting since in the other PR thread you vehemntly denied doing such (amateur lawyering) and claimed to be basing your argument solely on moral principles.

Second , relative to the "amateur psychology"

remark- I'm not posting entire sections of

diagnostic medical texts and lecturing on them, pretending to have an exhaustive knowledge of what it says and means. Folks like Long Gone

took this one to the extreme relative to the

legal stuff

Once I start posting excerpts from psychiatry

texts and pretending to know all about it then

claims of me practicing amateur psychology/psychiatry might have some footing.

Okay I'm not sure why you are making appeals

to the sermon on the mount though I have my

suspicions - does it involve doing the right thing ? doing the christian thing ? Are these

two synonymous in your point of view ? Is PR's

unwillingness to see your point of view putting

him in an unchristian like category ? Is that

what this is about for you ? I'm being serious..

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quote:
Is PR's unwillingness to see your point of view putting him in an unchristian like category?

MY point of view? I just asked a question.

If the Sermon on the Mount doesn't apply here, where does it apply?

To answer your question more directly, yes.

And diazbro, when you start telling me what's motivating me, you're putting yourself in my head. That's psychology. You don't know me, and you're flat out wrong about my motivations.

Further, I did post some legal observations at the beginning of this thread. That's why I said I will RESUME my PRINCIPAL objection to Pat's course of action, which is not legal. It's Christian. It's Matthew 5. And if it doesn't apply here, where does it apply?

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okay okay "uncle" or however that saying goes

i'm not a lawyer and i'm not sure about the christian part....

let's pretend we were screwed over by boyscouts of america

would we register their name cuz we're mad at them ?

i know, i'm a little slow....

and confused and not sure what is right or wrong or going on here

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what is "winning" or "losing" in this life ? seriously i'm asking a question

i don't know and i'm not sure how much i care

except for my little life, so that's where the confusion comes, some people may feel much more strongly about their life as it relates to the way international dot whatever

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Diazbro,

I ignored your post of May 7, but I’ll go ahead and respond to it now, as well as to your posts of today.

quote:
Originally posted by diazbro (May 7, 19:00):

Long Gone you are every bit as guilty of trying "fighting windmills" as, in your view, PR is.


I’m not fighting anyone or anything. I’m simply participating in a public discussion that Pat started on a public forum.

quote:
Originally posted by diazbro (May 7, 19:00):

Its amazing that you guys just won't stop - he is going through with it whether any one likes it or not.


That’s fine by me. Pat can do whatever he wants, but if he “just won’t stop” posting about it here, then he can’t very well expect others to just stop commenting, can he? Neither can you.

quote:
Originally posted by diazbro (May 10, 15:43):

Look at it this way - if PR or another poster had posted something like "I'll be suing the Way" and had outlined their reasons and intent in a more subdued fashion then there would have been nothing but support.


If I thought the person was wrong, I’d say so. If I wanted to discuss facts, law, or strategy regarding the case, I’d do so, if the litigant brought them up first. Whether or not I agreed with the person, I’d probably suggest not discussing the case in detail in public. Many people suggested that to Pat but he “just won’t stop” (your words) so it’s all fair game.

quote:
Originally posted by diazbro (May 10, 16:42):

I think PR is not particulalry well prepared for this thing nor do I agree with his strategies such as they are but I don't think that painting him as an embitterred quixotic figure (Long Gone's assessment) because of it is *not* a natural first conclusion except perhaps to those who don't like how he rolled all this out.


It wasn’t anyone’s first conclusion, so far as I know. It certainly wasn’t mine.

quote:
Originally posted by diazbro (May 10, 17:55):

Folks like Long Gone took this one to the extreme relative to the legal stuff


You’re welcome to that opinion. I happen to be interested in such things. Some people are interested in theology. Do those who cite the Bible in doctrinal discussions take things to the extreme relative to the theological stuff? Should they not express opinions on theological matters and cite reasons for those opinions, unless they have degrees in theology? Maybe you should go gripe at them.

If you have comments about the substance of anything I’ve written, I’ll be happy to discuss it. If all you want to do is gripe at me for writing it, I’ll ignore you.

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myseestorEx, the voice of logic and reason, said:

quote:
i'm not a lawyer and i'm not sure about the christian part....

let's pretend we were screwed over by boyscouts of america

would we register their name cuz we're mad at them ?


I think that is a very astute observation/analogy/question... kind of puts it all in perspective...
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quote:
what is "winning" or "losing" in this life ? seriously i'm asking a question

Winning is emerging from adversity (perhaps "battle-scarred", but still emerging) on your feet. If you endure trials, and are still walking afterwards, you've won.

The battles and adversity will continue, so "winning" is an on-going entity, and not a one time deal.

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quote:
let's pretend we were screwed over by boyscouts of america

would we register their name cuz we're mad at them ?


I wouldn't, but does the law preclude or preven this?

In a very recent decision by the 5th circuit court of appeals the answer is no.

The 5th Circuit Court of Appeals overturned a dictrict court ruling and ruled that registering and using a domain name that uses another's trademark or even their exact company name in that name - was not a trademark infringment nor was it actionable under the Landham Act -- UNLESS the domain (Site) is used for commerical trade that interfered with the commercial trade of of that company.

Here is the ruling..... For you lawyers and fellow legal buffs.

http://caselaw.lp.findlaw.com/data2/circs/...0320243cv0p.pdf

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That is very recent, Goey. That could actually give Pat a shot (regarding the counts in the original complaint, not his counterclaims) but there are some potential problems. Pat used the disputed domain (indirectly) to solicit donations and to advertise his computer services. He also put it up for sale. None of those were factors in the TMI v. Maxwell case.

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Long Gone -

You critiize PR for not being a lawyer

or refusing to consult with one though

you yourself act like one so a case

, no pun intended, can be made for hypocrisy

or at the very least a double standard - its

okay for you to come on with the Perry Mason

routine but no one else ?

But lets look at this some more. In the

other thread

Long gone said:

Pat,

It’s no puzzle at all to me. This piddling little squabble is fueled by vanity. Enjoy.

>>

Vanity ? You are tring to convince PR that

his case is unwinnable on the basis of your interpretations of various legal excerpts.

Who the heck is being vain ? PR might have

a case of hubris but you have taken it

beyond that. I guess real lawyers aren't

needed now that we have you.

If you have an opinion then express it but don't flank it with some pseudo legal talk

in an attempt to elevate its value.

In your own words you said PR is doint this

out of vanity so deal with it on those terms. Leave the wannabee lawyer act out of it.

And if PR's actions are just a "piddling little squabble" why are you bothering yourself with it ?

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Raf said:

And diazbro, when you start telling me what's motivating me, you're putting yourself in my head. That's psychology. You don't know me, and you're flat out wrong about my motivations.

>>

Its routine for people to speculate about someone's

motivations. You , I , and everyone here has done it

with PR. "Why is he doing this ?" we ask ourselves.

Also as I said earlier I didn't resort to posting excerpts

from psychiatry texts to adorn my

my opinion in an effort to make it look more official

or acceptable whereas Long Gone and others did this with

legal texts. Had they left it as an opinion that would

have been fine but once they pulled a wierwille by acting

like something they weren't then I started to have a

problem with it.

Raf said:

If the Sermon on the Mount doesn't apply here, where

does it apply?

To answer your question more directly, yes.

>>

So for you its the christian thing to do for

PR to abandon his pursuit ? you should know that not

everyone here is christian or conforms uniquely to

concepts outlined in the bible. I'm sure you know this

nor do you expect others to see things your way....

usually.. but in this case you are making appeals to

whats right based on the bible and would like to

see PR to fall in line with behavior advocated in

certain biblical references ?

I'm not totally opposed to this approach though I

don't see the situation as being that cut and dried.

At some point TWI had zero interest in the domain

and only seemed to spring to life when they saw what

was up. So in my mind its worth a challenge - I don't

know that I would go to court though if I did I would

probably do it with a real lawyer. As a layman I do

know this much about laws in the US - they change over

time and typically after having been challenged.

On that basis alone I see a reason to move forward.

Edited by diazbro
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A quick review of that case Goey posted:

Some guy was p*ssed-off at the company that built his house and registered a domain name that was nearly identical to the company. He used it to run an I-hate-these-guys gripe site. Even though that would seem to interfere with the company's business, the appeals court ruled that that was ok, since the guy wasn't profiting from it.

Since Pat never misrepresented himself as the real TWI, and since there was no representation that the donations he solicited (if he even received any through that site) were supposed to go to TWI, it's entirely possible that this decision is sufficient precedent to give Pat a win. Maybe not on his countersuit, but that's a bit dodgy.

Looks like I was wrong about your chances earlier, Pat. Sometimes you really can win a fight with a windmill... icon_wink.gif;)-->

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I’ll ignore criticism but not misrepresentations or falsehoods.

quote:
Originally posted by diazbro:

Long Gone -

You critiize PR for not being a lawyer

or refusing to consult with one though

you yourself act like one so a case

, no pun intended, can be made for hypocrisy

or at the very least a double standard - its

okay for you to come on with the Perry Mason

routine but no one else ?


1) I’ve never criticized anyone, including Pat, for not being a lawyer.

2) I have never acted like a lawyer or represented myself to be anything but a layman.

3) I have said that Pat should consult with a lawyer and employ one if he proceeds with this.

4) I would say the same regarding anyone being sued in anything but small claims court.

5) If I were being sued, I would consult with and be represented by one or more lawyers.

6) I have been sued. I did employ an attorney.

7) I have sued. I did employ an attorney.

8) There is no hypocrisy or double standard in anything I’ve written on this subject or how that relates to my real-life actions.

9) I have not “come on with the Perry Mason routine.” I have discussed legal matters, as a layman who cares to inform himself before expressing an opinion and who accompanies his opinions with reasons behind them.

10) I have never suggested that it is not OK for others to do likewise. Rather, I encourage that.

11) I think you know all of the above.

quote:
But lets look at this some more. In the

other thread

Long gone said:

Pat,

It’s no puzzle at all to me. This piddling little squabble is fueled by vanity. Enjoy.

>>

Vanity ?


Yes, vanity. I wrote that on April 4, on page 5 of that thread. That was three days after Pat started his “Lawsuit contest” thread, which provided part of the basis for my conclusion, as did other sources (primarily Pat’s own words elsewhere). I don’t form opinions in a vacuum. I also don’t base my opinions regarding the issues on my opinions of the parties. If I did, I would lean towards supporting Pat’s position because my opinion of him is far better than my opinion of TWI.

Now, if you wish to discuss the topic, please do. Hint: I am not the topic.

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Diazbro:

quote:
you should know that not

everyone here is christian or conforms uniquely to

concepts outlined in the bible. I'm sure you know this

nor do you expect others to see things your way....

usually.. but in this case you are making appeals to

whats right based on the bible and would like to

see PR to fall in line with behavior advocated in

certain biblical references ?


I've already addressed this. I've already said that if you're not Christian, my argument holds no sway.

Pat is a Christian. I believe my words are relevant, and if he disagrees with them, that's his prerogative. Just like it's my prerogative (and none of your business) if I disagree with Pat.

P.S. If you don't care to look up the difference between psychology and psychiatry, then I don't care to continue that portion of our discussion.

I noticed that you have not criticized Goey or Zix for their legal posturing that supports Pat. I suppose offering a legal opinion is only objectionable to you if Pat is opposed.

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Raf said:

P.S. If you don't care to look up the difference between psychology and psychiatry, then I don't care to continue that portion of our discussion.

>>

Yes I know the difference and I think you

know that I know but it seems you want to

pick at something so go ahead. but given

that you are focusing on the differnce

between two words then I'll take it that

you concede my point. (But will you be examining

my posts for spelling errors in an attempt

to belittle the underlying points ?)

Relative to your arguments based on christianity. I don't see that the teachings

you site exclude the possibility of participation in a lawsuit or protecting an

interest. Even outside of TWI I've never

found a universal concept or agreement on

what christian behavior should entail.

Some people get very literal and "turn the

other cheek" while others do not. Are they

less christian ?

>>

I noticed that you have not criticized Goey or Zix for their legal posturing that supports Pat. I suppose offering a legal opinion is only objectionable to you if Pat is opposed.

Uhhh.... I've said before that I think Pat has a case of hubris , he went at this the wrong way, and he needs a real lawyer. Yea

I'm a robot for PR huh ? But I don't see a

problem with what he is doing and if the courts

are going to take it on then why should you

care ? Its not your time , money, or energy

and if you are attempting to compel someone

to conform to your idea of christian behavior

then perhaps you are being demanding on the

basis of a personal standard as opposed to

a christian one.

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I didn't call you a robot for PR.

Listen carefully: legal advice that runs counter to Pat, you criticize and bicker and question our motives and our qualifications for daring to have the audacity to speak on the subject.

Legal advice that runs in Pat's favor, you greet with utter silence.

And you accuse others of hypocrisy?

Listen, you don't know my motives, psychologically or psychiatrically, so like Long Gone said, if you want to discuss the issue, fine. But I'm not the issue.

quote:
Its not your time , money, or energy

and if you are attempting to compel someone

to conform to your idea of christian behavior

then perhaps you are being demanding on the

basis of a personal standard as opposed to

a christian one.


Now that was a cheap shot. I cited chapter and verse. I stand by it. I am not attempting to "compel" anyone. Get your head out of the cult, will you? I'm trying to persuade. There's a difference. Like psychology and psychiatry.

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Raf said:

Legal advice that runs in Pat's favor, you greet with utter silence.

>>

Edited.... I didn't see all of your last post...

I think those posts only underscore what I

said when I pointed out that laws in the US

change over time and sometimes when challenged.

You would agree I'm sure.

However it seems that the most recent information apparently takes some of the strength out of the "legal arguements" which have been offerred. But who really knows ?

If Long Gone , or anyone else, wants to crank up the legal analysis machine again then thats his choice but looks like for all that work he put in he missed something pretty significant but that doesn't mean he isn't intelligent. It simply underscores the concept that law is complicated, detailed, and sometimes complex to interpret which is why its a job best left to professionals.

Raf said:

Now that was a cheap shot. I cited chapter and verse. I stand by it.

>>

Cheap shot ? How so ? You obviously have strong beliefes about the chapter and verse. While I can respect that I simply don't agree that on

the basis of that content that PR has done

anyhting wrong...

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