Fw: [MV] TM copyrights....& slander?

From: Kenneth J. Keough (kjkeough@cyberback.com)
Date: Wed Nov 29 2000 - 12:15:39 PST


What have I done? Look at all the hoo-ha that has resulted from my one
posting asking for a source for a non-copyrighted .PDF version of two TMs!
Talk about putting the damper on someone's enthusiasm with a
recently-acquired hobby, I wish I'd just remained a Lurker, but I'll know
better next time. I just don't get how some of you seem to be so
confrontational (in situations that don't require it) and eager to jump
someone else's case or just to prove someone else wrong. Please don't
misunderstand (as I'm not naming names or pointing fingers), but that's the
impression I've gotten lately, especially over the past couple of weeks.
I'm an adult, and I can overlook a lot of things -- I don't wear my heart on
my sleeve, nor am I easily offended! But folks, PLEASE! There are better
ways to handle differences of opinion than some have demonstrated of late!
Here we are picking on each other, when there's still plenty to be done to
further the position of our shared hobby to the general public, many of whom
consider us to be some sort of war-glorifying paramilitarists driving big,
ugly, weapons that should be destroyed. Don't believe that? Ask anyone
lately? Try it, you might be surprised. Tracked vehicles, especially, but
also the rest of us to some lesser degree. The point is this: we're all on
the same side, or at least supposed to be. Our mutual love of a common
hobby should unite us, not just give us a place to vent on each other --
like-minded individuals who actually understand us and share our passions
for all HMVs. I know it's the "Silly Season" with a lot of tensions running
high and patience in short supply, and forgive me for rambling so long on
this. I shan't do it again. Maybe I'm off-target, but then again maybe
not. Flame me if you will, I can handle it, but that only reinforces my
point. I wish you all the best, and a wonderful holiday season. Ken
----- Original Message -----
From: "jim gilmore" <jgilmore@oeonline.com>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Wednesday, November 29, 2000 11:57 AM
Subject: [MV] TM copyrights....& slander?

>
>
> 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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