TM copyrights....& slander?

From: jim gilmore (jgilmore@oeonline.com)
Date: Wed Nov 29 2000 - 09:57:22 PST


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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