Re: BitPim-user Digest, Vol 49, Issue 8 [LEGAL ISSUES & NOTICE]
"God" <[email protected]> Wed, 5 May 2010 23:59:19 -0400
| Newsgroups | gmane.comp.mobile.bitpim.user |
|---|---|
| Organization | Heaven |
| Message-ID | <56E667B9A67249EA9A4103BEEA594A21@ALGDT08> |
I'm still far too busy to take the time I'd like to take to put all of you who so absurdly commented on this thread in your place(s), but one fact is abundantly clear: you're all so busy making misplaced assumptions and "getting off" on your shielded, indirect laymen attacks against an unknown attorney that you've begun to believe your own untruths - untruths that have conspicuously devolved from within. The fact is I NEVER "threatened to sue" or to file a lawsuit against anyone at any time about anything in the context of this thread! I merely mentioned - IN PASSING AND AFTER NUMEROUS PRIOR EXCHANGES IN WHICH I MENTIONED NOTHING ABOUT THE FACT THAT I WAS A LAWYER (who specializes in consumer rights litigation) - that I did NOT want to start down the legal path, so to speak. The only (implicit) "threat" I made was in reference to an administrative report and the statute itself. And if you knew anything about me or my reputation in the legal community you would undoubtedly know that I stand for the furthest thing from "frivolous litigation" and spend my time and my career DEFENDING such cases and claims! To be sure, I have often been the mouthpiece on behalf of ETHICAL, REASONABLE AND FAIR-MINDED attorneys AGAINST the plethora of questionable litigation that has become so prevalent in this country. You will see blog post after blog post and public comment after public comment wherein I opine about such matters. Yet, at the same time, it is CONSUMERS like you - who have mortgage payments and credit card bills and engage in dozens of other consumer and credit related transactions - whom I DEFEND AND ON WHOSE BEHALF I PURSUE REMEDIES. And time after time I've seen the kind of pejorative, unfounded and impulsive criticisms lodged against attorneys by the same people who, the moment the need arises - be it from a physical tort/injury or a pecuniary one - come begging for our [my] assistance. So next time you feel the urge - due to your own insecurities about your educational or vocational achievements (or lack thereof) - to lash out unjustifiably against an attorney (or anyone for that matter), perhaps you ought to REALLY stop and think carefully and logically before you do! Because the irony is that by letting yourselves get so caught up in, and having become so focused on, your personal attacks, that you have genuinely started to tread on legitimate tortious territory; to wit, libel/defamation. Specifically, by casting me in a false light to the extent you have published COMPLETELY FALSE AND ERRONEOUS accusations about me in the context of my profession. And that, my "friends", is called libel per se, and that IS something to be taken VERY seriously (and whether or not you wish to characterize it as "frivolous", I can assure you the law does not), so I strongly suggest you tread VERY carefully, lest you find that your self-fulfilling [erroneous] prophecies come true. Furthermore - and more to the point - you were ALL WRONG to the extent you denied and or failed to recognize and admit that in fact THE INSTRUCTIONS TO WHICH I REFERRED ABOUT REMOVAL FROM THE LIST WERE ERRONEOUS AND OR COMPLETELY AMBIGUOUS AND UNCLEAR! Period. I did NOT make any mistakes whatsoever, and I STAND BY MY ORIGINAL ASSERTIONS - which is that the removal instructions to which I cited are virtually worthless! And I can assure you that you do NOT wish to debate with me about the nuances of the CAN-SPAM Act - you WILL lose! Pretermitting the fact that at one time I requested to receive emails from the list, such does not negate the need to comply with the various requisites pertaining to removal requests, etc. Just as the EBR exception to the TCPA/JFPA (look it up) itself has more exceptions to the exception so as to render the exception essentially meaningless, so too with the CSA. Said another way, compliance with one aspect of a statute is not synonymous with compliance with another or the whole; likewise, the failure to comply with one provision may be construed as tantamount to failure as a whole. Govern your foolish selves accordingly! Auden L. Grumet, Esq. Atlanta, GA ----- Original Message ----- From: [email protected] To: [email protected] Sent: Wednesday, May 05, 2010 1:55 AM Subject: BitPim-user Digest, Vol 49, Issue 8 Today's Topics: 1. Re: BitPim Digest - Remove Request (Rob Jaric) 2. Re: BitPim Digest - Remove Request (Michael Parkison) ---------------------------------------------------------------------- Message: 1 Date: Wed, 5 May 2010 10:29:26 +1200 From: Rob Jaric <[email protected]> Subject: Re: [BitPim-user] BitPim Digest - Remove Request To: God <[email protected]>, [email protected] Cc: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" A delete key is somewhere over on the right of the keyboard & is easy to use, press once to delete, repeat if necessary. I believe implied consent has been given by continuing this email. Anyway, there's a lot that amuses me about this banter going on. But what I find particularly amusing is an empty threat that will clearly never eventuate in anything other than some steam coming out of the ears of the person who made it. Have a nice day. Rob On Wed, May 5, 2010 at 7:20 AM, God <[email protected]> wrote: > LOL. Always interesting how people revert to avoidance tactics and *ad > hominem *attacks when they don't have a real answer/defense! And I doubt > you'll be laughing if I get the FCC/FTC breathing down your neck :) ALG > > ----- Original Message ----- > *From:* [email protected] > *To:* [email protected] ; [email protected] > *Sent:* Tuesday, May 04, 2010 12:21 AM > *Subject:* Re: [BitPim-user] BitPim Digest - Remove Request > > Does anyone have a spare can of hemorroid remover??? Anyone....? > Beuhler...? > > Thank you, > Brian > > -----Original Message----- > From: God is Dead, Esq. <[email protected]> > To: John Shutt <[email protected]>; bitpim-user < > [email protected]> > Sent: Sat, May 1, 2010 10:54 pm > Subject: Re: [BitPim-user] BitPim Digest - Remove Request > > *AND* it *ALSO* states what I quoted below as well, which you completely > failed to address. > > Now, as a consumer law litigation attorney, I don't want to have to start > citing to the CAN-SPAM Act or other consumer/telecommunication laws, but > suffice it to say I expect an accurate and direct response to my inquiry and > the issues raised therein. > > Thanks in advance, > > Auden L. Grumet, *Esq.* > *www.atlantalawyer.org* <http://www.atlantalawyer.org> > > ----- Original Message ----- > *From:* John Shutt <[email protected]> > *To:* God <[email protected]> ; [email protected] > *Sent:* April 30, 2010 08:27 PM > *Subject:* Re: [BitPim-user] BitPim-user Digest, Vol 48,Issue 2 [Help - > Remove] > > At the bottom of each email it says: > > BitPim-user mailing list <[email protected]> > [email protected]<[email protected]%C2%A0Unsubscribe> Unsubscribe > or change options at > https://lists.sourceforge.net/lists/listinfo/bitpim-user > So, go to https://lists.sourceforge.net/lists/listinfo/bitpim-user and > unsubscribe by going to the bottom of the page, where it says "To > unsubscribe from BitPim-user, get a password reminder, or change your > subscription options enter your subscription email address: " and put in > your email address. If you forgot your password, request to have it sent to > you. > > John > > ----- Original Message ----- > *From:* God <[email protected]> > *To:* Sean Patrick Burke <[email protected]> > *Cc:* [email protected] > *Sent:* Friday, April 30, 2010 8:11 PM > *Subject:* Re: [BitPim-user] BitPim-user Digest, Vol 48,Issue 2 [Help - > Remove] > > Tell me about it! And I'm glad you mentioned it, because even God can't > discern the meaning of the following instructions. Why in the hell (pun > intended) would an unsubscribe request direct one to send an email "with the > subject or body 'help' to....."?? That makes absolutely no sense whatsoever. > > God (a/k/a ALG) > > To subscribe or unsubscribe via the World Wide Web, visit > https://lists.sourceforge.net/lists/listinfo/bitpim-user > *or, via email, send a message with subject or body 'help' to* > [email protected] > > ----- Original Message ----- > *From:* Sean Patrick Burke <[email protected]> > *To:* God <[email protected]> ; [email protected] > *Sent:* Friday, April 30, 2010 3:54 PM > *Subject:* Re: [BitPim-user] BitPim-user Digest, Vol 48, Issue 2 [Help - > Remove] > > *Wow. Out of all the people who you'd think could get himself off the > list... > > Sean Patrick Burke* > > On Apr 30, 2010, at 3:19 PM, "God" <[email protected]> wrote: > > Help - remove. > _______________________________________________ > > BitPim-user mailing list <[email protected]> > [email protected] > Unsubscribe or change options at > https://lists.sourceforge.net/lists/listinfo/bitpim-user > > ------------------------------ > > ------------------------------------------------------------------------------ > ------------------------------ > _______________________________________________ > BitPim-user mailing list [email protected] > Unsubscribe or change options at > https://lists.sourceforge.net/lists/listinfo/bitpim-user > > There are several hundred people on this list. Please be > courteous, on topic and follow the instructions before posting > http://www.bitpim.org/help/support.htm > > ------------------------------------------------------------------------------ > > _______________________________________________ > > BitPim-user mailing list [email protected] > Unsubscribe or change options at > https://lists.sourceforge.net/lists/listinfo/bitpim-user > > There are several hundred people on this list. Please be > > courteous, on topic and follow the instructions before posting > http://www.bitpim.org/help/support.htm > > > > ------------------------------------------------------------------------------ > > _______________________________________________ > BitPim-user mailing list [email protected] > Unsubscribe or change options at > https://lists.sourceforge.net/lists/listinfo/bitpim-user > > There are several hundred people on this list. Please be > courteous, on topic and follow the instructions before posting > http://www.bitpim.org/help/support.htm > -------------- next part -------------- An HTML attachment was scrubbed... ------------------------------ Message: 2 Date: Tue, 4 May 2010 22:55:27 -0700 (PDT) From: Michael Parkison <[email protected]> Subject: Re: [BitPim-user] BitPim Digest - Remove Request To: God <[email protected]>, [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="us-ascii" No offense mate, but threatening to sue doesn't count as either mellow or lighthearted, no matter how many smiley faces you add in. Just to clarify (because we all need it from time to time), I'm joking right now haha. Text doesn't relay tone very well, does it? =) Good luck with your trial, hope things go well! May God bless you (and I truly mean that), ~Michael Parkison ________________________________ From: God <[email protected]> To: David Johnson <[email protected]>; [email protected] Sent: Tue, May 4, 2010 5:43:09 PM Subject: Re: [BitPim-user] BitPim Digest - Remove Request Thanks David. I'm preparing for a trial that starts in about 20 hours, so this will be very short. In sum, I think I've been pretty darn mellow and lighthearted about the whole thing, and I think you'd be hard-pressed to characterize my responses or tone as even remotely unreasonable or uptight. Believe me - and I'm not saying this to impress or intimidate - you would definitely know it if I had a real beef with you or anyone else on the issue. To be sure, I intentionally made an effort not to be particularly adversarial, and I realize you guys [so far as I know] are just a bunch of open source dudes (and gals) working in good faith to help others. In fact now that I think about it and remind myself of that fact, I can't imagine I would actually take any formal action against you or anyone associated with the group - that would be tantamount to looking a gift horse in the mouth, no? In conclusion, it's all good - assuming I can eventually remove myself successfully (and I'm sure I'll probably re-subscribe to another listserve hosted by SourceForge in the future). Please convey to/share with the others. Thanks, God/Auden :) ----- Original Message ----- > >From: David Johnson >To: God > is Dead, Esq. ; [email protected] >Sent: Tuesday, May 04, 2010 > 5:02 PM >Subject: Re: [BitPim-user] > BitPim Digest - Remove Request > >Well, Mr. Grumet, I'm sorry to say I don't see the > line about e-mailing for help in any of the messages I've gotten from this > group. I'm not sure why it would appear for you and not me, but I can only > guess you may have subscribed through a different method than I did. At any > rate, this may explain the confusion and joking from your request. I > definitely can't explain why you would be told to make a request that way when > it apparently doesn't work, but it may have been simply to notify anyone > maintaining the list that you needed help (in which case the instruction is, > admittedly, quite vague). > >It's unfortunate that you feel the need to resort > to legal threats, for a few reasons. First of all, the unhelpful responses > were in jest, and it simply looks in bad taste to respond to good-natured > joking about your username and your confusion with threats and throwing about > of legal weight. It only encourages more joking and mocking, like the "ad > hominem attack" from Brian. Secondly, while I don't know the details of the > CAN-SPAM act, I assume that it does not apply to situations where there is an > immediate and easily-accessible way to remove yourself from this list, which > there is. Although two methods are provided to unsubscribe, if one does not > work, it's not unreasonable to try the alternative. Furthermore, while you're > right to want an "accurate and direct response", you did get a quick > correction once it became clear that you were unsatisfied with your email > failing to remove you from the list. John Shutt directed you to the page where > you are able to unsubscribe, and instructions on how to do > so. > >Finally, and most importantly, you are threatening > the users of a mailing list, who most likely have nothing to do with its > operation. The list is run by Sourceforge, which hosts many open source > projects like BitPim, and is for discussing the BitPim project. There is no > reason to think that the SourceForge.net administrators are necessarily on > this list, let alone the ones who are responding to your messages. Joe Pham, > the developer of the BitPim project, hasn't even been part of this discussion, > but I still doubt he has anything to do with the automated messages from the > SourceForge mailing list system or automated request handling. If you have a > technical or legal problem with the mailing list system, you should direct it > to the maintainers of that system, at SourceForge.net, instead of threatening > the users of the system. > >In conclusion, I hope that you can calm down and > reevaluate how you are handling your problem with this mailing list, and find > a more productive way to respond - either by addressing the appropriate people > or by following the provided alternative to complete your request to be > removed. > >Sincerely, >David Johnson > ________________________________ >From: > "God is Dead, Esq." <[email protected]> >To: John Shutt <[email protected]>; > [email protected] >Sent: Sat, May 1, 2010 7:53:50 > PM >Subject: Re: [BitPim-user] > BitPim Digest - Remove Request > > >AND it ALSO states what I > quoted below as well, which you completely failed to address. > > >Now, as a > consumer law litigation attorney, I don't want to have to start citing to the > CAN-SPAM Act or other consumer/telecommunication laws, but suffice it to say I > expect an accurate and direct response to my inquiry and the issues raised > therein. > >Thanks in > advance, > >Auden L. > Grumet, Esq. >www.atlantalawyer.org > >----- Original Message ----- > >From: John Shutt >To: God > ; [email protected] >Sent: April 30, 2010 08:27 > PM >Subject: Re: [BitPim-user] > BitPim-user Digest, Vol 48,Issue 2 [Help - Remove] > >At the bottom of each email it > says: > >BitPim-user mailing list [email protected] Unsubscribe or change options at https://lists.sourceforge.net/lists/listinfo/bitpim-user > >So, go to https://lists.sourceforge.net/lists/listinfo/bitpim-user and unsubscribe by going to the bottom of the page, where it says > "To unsubscribe from BitPim-user, get a password > reminder, or change your subscription options enter your subscription email > address: " and put in your email address. If you forgot your password, > request to have it sent to you. > >John >----- Original Message ----- >> >>From: God >>To: Sean Patrick Burke >>Cc: [email protected] >>Sent: Friday, April 30, >> 2010 8:11 PM >>Subject: Re: >> [BitPim-user] BitPim-user Digest, Vol 48,Issue 2 [Help - Remove] >> >>Tell me about it! >> And I'm glad you mentioned it, because even God can't discern the meaning of >> the following instructions. Why in the hell (pun intended) would an >> unsubscribe request direct one to send an email "with the subject or body >> 'help' to....."?? That makes absolutely no sense whatsoever. >> >>God (a/k/a >> ALG) >>To subscribe or unsubscribe via the World >>> Wide Web, visit https://lists.sourceforge.net/lists/listinfo/bitpim-user >>>or, via email, >>> send a message with subject or body 'help' to [email protected] >>----- Original Message ----- >>> >>>From: Sean Patrick Burke >>>To: God ; [email protected] >>>Sent: Friday, April 30, >>> 2010 3:54 PM >>>Subject: Re: >>> [BitPim-user] BitPim-user Digest, Vol 48, Issue 2 [Help - >>> Remove] >>> >>>Wow. Out of all the people who >>> you'd think could get himself off the list... >>> >>>Sean Patrick >>> Burke >>> >>>On Apr 30, 2010, at 3:19 PM, "God" >>> <[email protected]> >>> wrote: >>>Help - remove. ------------------------------------------------------------------------------ _______________________________________________ BitPim-user mailing list [email protected] Unsubscribe or change options at https://lists.sourceforge.net/lists/listinfo/bitpim-user There are several hundred people on this list. Please be courteous, on topic and follow the instructions before posting http://www.bitpim.org/help/support.htm