Thursday, 2 April 2009

Cease and Desist

You'll notice the 'Flashcomm and xMax' thread with the Telcentris prices has been taken down due to a Cease and Desist from parties as yet unknown. Some bollocks about copyright. I'm assured that I'll find out in a few weeks who the spoilsport is.

It seems to be OK to call xG a fraud and a scam, to say that Rick and Co are thieves, to point out the illegality and immorality of what they are doing - but to suggest that even with a conventional basestation design that the scam won't be profitable for dealers mug enough to sign up is a big no-no.

14 comments:

  1. IANAL, but if Telcentris' rates are public information then I'd say you were well within the boundaries of fair use. Somebody just didn't like what you were saying about xG. Imagine that.

    But you should know that copyright only protects specific expressions. The copyright holder doesn't "own" the underlying ideas or information in his copyrighted work.

    So just paraphrase Telecentris' prices and provide a link to their public web pages where they can be found and you should be fine.

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  2. Intimidation techniques like anonymous cease and desist orders are always proof that you've struck a nerve and the issuer has something to hide. The first amendment to the Constitution goes a long way in defending against such things, and if it turns out that what you say is true, then it is not libel. Like Phil says, there are always ways to present information without violating copyrights while still getting your point across.

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  3. The Constitution? LOLOLOLOLOLOLOLOL, anyone who holds a 250 year old piece of paper written by slave owners, drunks and heroin addicts near and dear should be shot on sight...oh yeah, you will be, by your own people....LOLOLOLOLOLOLOLOL

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  4. Yes, a cease-and-desist is a very good sign of striking a nerve.

    It's also against the law to misuse the digital millennium copyright act. When you invoke it to make a cease-and-desist order to an ISP, you have to certify under penalty of perjury that you're the copyright holder or its agent.

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  5. Ugly, shut the fuck up....damn you are so dumb you can´t be real.

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  6. "if Telcentris' rates are public information then I'd say you were well within the boundaries of fair use." Well I haven't found them in public yet, but I'm sure they're there somewhere.

    These were the ACTUAL rates that xMax dealers were to have paid, drawn up especially for them. What was obvious about them was that:
    a) dealers have to pay charges PER MINUTE to Telcentris, so claims of UNLIMITED service to customers cannot stack up.
    b) the figures that xG released with their IPO docs and early press releases basically ignored all these costs. They hadn't even thought about them!
    c) with all these charges (even if they are now discounted as Fred suggests) it's going to be very difficult for a dealer to make money here.

    I've got some more lies that the dealers were told, that I'll put up here, once I've worked out how to get the format onto a blog.

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  7. So John, would you also agree that provoking someone into near-continuous torrents of abusive emails and harassing phone calls is another good sign of having struck a nerve?

    I'd certainly say so.

    People under stress often revert to earlier, simpler and happier times in their lives. Like the seventh grade when they were still the class bully. The science and math whizzes that made them feel so insecure had not yet begun to enjoy their productive, satisfying careers. And they had not yet realized that they were condemned to lives as used car salesman, stock boiler room operators and other dodgy lowlifes who richly deserve the contempt in which they are held.

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  8. And disgusting scumbags like you who follow their every word and are obsessed with their investments.
    Go fuck your fat pig of a wife.

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  9. "So John, would you also agree that provoking someone into near-continuous torrents of abusive emails and harassing phone calls is another good sign of having struck a nerve?"

    I'd have to agree. With regards to Dannenberg once you work out that he's a sociopath, and with schizophrenia and psychosis from huge excesses of Cannabis usage then it's more understandable, but no less forgivable. He smokes the stuff from the moment he get's up until he goes to bed. He's done it for years. No wonder his brain is mush.

    It makes people anxious, panicky, suspicious and paranoid. It also causes erectile dysfunction and very low sperm count.

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  10. No comment for this nonsense coming from a drunken broken down bar owner.

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  11. "dealers have to pay charges PER MINUTE to Telcentris, so claims of UNLIMITED service to customers cannot stack up"

    Not really. Most people won't speak 1,440 minutes per day on a phone even if it is unlimited service. I have VoIP service at home that's unlimited to the US and several dozen countries but I hardly use it because I simply don't want to talk on the phone that much. I prefer email and IM.

    It's like all-you-can-eat restaurants. Yeah, you may find a few Homer Simpsons who really take advantage of you, but the vast majority of your customers will actually pay you MORE than they would a la carte and still go away thinking they got a bargain. It's a well known phenomenon in marketing. Bell Labs studied it in connection with flat rate local wireline service many years ago. They found that many customers preferred flat rate service even when they could save a lot of money given their actual usage plans by switching to metered service.

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  12. Hilarious! Beer is bitching that someone appears to have reported him for a copyright infringement, yet you will recall that he tried to report the St John's xG advertisement to Getty Images as he claims they had used a Getty Images picture without permission! What happened to that complaint, Beer? I imagine Getty Images came back to you and said that it had actually been paid for but you hadn't the guts to tell us, just as you never have the guts to tell us when the AIM team throw out your ridiculous complaints against the company.

    Don't fret, Beer, I haven't forgotten I owe you a few comments about your preposterous 'analysis' of the annual figures and your absurd comments about the flotation and the David Falt story. All in good time, drunk, I have been tied up with a bit of travel and other more important things like watching paint dry!

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  13. Hey John, thanks for stopping by. I thought you'd gone off in a huff after you'd realised you were wrong. Looking forward, as ever, to reading what they are paying you to say.

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