Right, in that scenario, Joe probably has a valid case... but I haven't heard anything that makes me believe that's what's happening here. What actually is happening is the scenario where Fred happens to be using the loading zone for the bar next door at the times Joe needs it. Fred can just as easily argue that Joe is interfering with his contract.
On Sat, Mar 3, 2018 at 1:08 AM, Forrest Christian (List Account) < [email protected]> wrote: > Here's what I think is a more apt comparison, using your analogy: > > Let's assume that Joe's beer company wins an exclusive beer supply to a > bar. In order to deliver the beer that the bar needs, Joe needs access to > a specific loading zone during a specific window of time. Joe knows that > the loading zone is typically unoccupied and he only really needs access to > it for a few minutes during the window, so he's not worried. > > Enter Fred of Fred's beer company. Fred is mightily pissed about Joe > winning that contract. So pissed that he decides to start occupying that > loading zone throughout the entire window that Joe needs it to deliver the > beer. Because of this, Joe is unable to fulfill the terms of his contract > - specifically because of the action of Fred. > > In this scenario, I suspect that Joe may have legal recourse against Fred, > even though the loading zone was public property. But, I'm not convinced > that the use of a shared public resource (say if Fred also has to use that > same loading zone to deliver to a bar next door, and it prevents Joe from > delivering his beer). I suspect that Part 15 use is more of the latter > and less of the former. It's a shared resource and common use of that > resource is expected. On the other hand, putting up a radio in test mode > and pointing it at your competitor's radio may more like Fred's malicious > tying up of the loading zone, and I suspect might subject you to a contract > interference claim. > > On Fri, Mar 2, 2018 at 5:10 PM, James Howard <[email protected]> wrote: > >> Am I off-base in thinking that this would be a valid comparison? (made >> up of course) >> >> >> >> A company sets up a contract to deliver beer to a bar down the street >> that requires exclusive use of the street they are both on to be able to >> deliver the quantity of beer that’s promised. They then send out a letter >> to everyone else on that street telling them that they are being warned >> that if they use the street it will interfere with that contract and their >> ability to fulfill it and will face legal action. >> >> >> >> >> >> Seems to me that if someone wants to claim exclusive use of something >> they need to actually own it. In the example I gave, the company could buy >> all the property between themselves and their client and build their own >> road but they can’t claim exclusive rights to the public road. If they >> want exclusive rights to RF they need to get licensed frequencies. >> >> >> >> >> >> *From:* Af [mailto:[email protected]] *On Behalf Of *Mike Hammett >> *Sent:* Friday, March 2, 2018 3:35 PM >> *To:* [email protected] >> *Subject:* Re: [AFMUG] anyone seen this letter yet >> >> >> >> I'm not sure part-15 has anything to do with their claim. >> >> >> >> ----- >> Mike Hammett >> Intelligent Computing Solutions <http://www.ics-il.com/> >> [image: http://www.ics-il.com/images/fbicon.png] >> <https://www.facebook.com/ICSIL>[image: >> http://www.ics-il.com/images/googleicon.png] >> <https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[image: >> http://www.ics-il.com/images/linkedinicon.png] >> <https://www.linkedin.com/company/intelligent-computing-solutions>[image: >> http://www.ics-il.com/images/twittericon.png] <https://twitter.com/ICSIL> >> Midwest Internet Exchange <http://www.midwest-ix.com/> >> [image: http://www.ics-il.com/images/fbicon.png] >> <https://www.facebook.com/mdwestix>[image: >> http://www.ics-il.com/images/linkedinicon.png] >> <https://www.linkedin.com/company/midwest-internet-exchange>[image: >> http://www.ics-il.com/images/twittericon.png] >> <https://twitter.com/mdwestix> >> The Brothers WISP <http://www.thebrotherswisp.com/> >> [image: http://www.ics-il.com/images/fbicon.png] >> <https://www.facebook.com/thebrotherswisp>[image: >> http://www.ics-il.com/images/youtubeicon.png] >> >> >> <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg> >> ------------------------------ >> >> *From: *"Chuck McCown" <[email protected]> >> *To: *[email protected] >> *Sent: *Friday, March 2, 2018 2:03:51 PM >> *Subject: *Re: [AFMUG] anyone seen this letter yet >> >> This has been tried many times and has always failed. >> >> The law of the commons. >> >> >> >> http://wealthofthecommons.org/essay/commons-%E2%80%93-histor >> ical-concept-property-rights >> >> https://en.wikipedia.org/wiki/Tragedy_of_the_commons >> >> https://en.wikipedia.org/wiki/Commons >> >> >> >> They have no rights to exclusive use. >> >> You can protect yourself pro se against a ridiculous complaint if one >> ever gets filed. >> >> Just cite part 15 chapter and verse and make reference to the law of the >> commons. >> >> >> >> >> >> *From:* Mike Hammett >> >> *Sent:* Friday, March 02, 2018 11:47 AM >> >> *To:* [email protected] >> >> *Subject:* Re: [AFMUG] anyone seen this letter yet >> >> >> >> I think the key here is that Airebeam isn't making any technical claims. >> Nothing about the FCC or Part 15. They're making a contract interference >> case. >> >> The use of part-15 *may* be irrelevant in this claim. >> >> >> >> ----- >> Mike Hammett >> Intelligent Computing Solutions <http://www.ics-il.com/> >> [image: http://www.ics-il.com/images/fbicon.png] >> <https://www.facebook.com/ICSIL>[image: >> http://www.ics-il.com/images/googleicon.png] >> <https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[image: >> http://www.ics-il.com/images/linkedinicon.png] >> <https://www.linkedin.com/company/intelligent-computing-solutions>[image: >> http://www.ics-il.com/images/twittericon.png] <https://twitter.com/ICSIL> >> Midwest Internet Exchange <http://www.midwest-ix.com/> >> [image: http://www.ics-il.com/images/fbicon.png] >> <https://www.facebook.com/mdwestix>[image: >> http://www.ics-il.com/images/linkedinicon.png] >> <https://www.linkedin.com/company/midwest-internet-exchange>[image: >> http://www.ics-il.com/images/twittericon.png] >> <https://twitter.com/mdwestix> >> The Brothers WISP <http://www.thebrotherswisp.com/> >> [image: http://www.ics-il.com/images/fbicon.png] >> <https://www.facebook.com/thebrotherswisp>[image: >> http://www.ics-il.com/images/youtubeicon.png] >> >> >> <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg> >> ------------------------------ >> >> *From: *"Rory Conaway" <[email protected]> >> *To: *[email protected] >> *Sent: *Wednesday, February 28, 2018 9:39:23 PM >> *Subject: *[AFMUG] anyone seen this letter yet >> >> >> >> >> >> Two guys in Arizona got them but my guess is these people are just >> fishing. I’ve got my attorneys looking it over and I’m going to make an >> inquiry to the Attorney General’s office tomorrow. >> >> >> >> *Rory Conaway **• Triad Wireless •** CEO* >> >> *4226 S. 37 >> <https://maps.google.com/?q=4226+S.+37&entry=gmail&source=g>th Street • >> Phoenix • AZ 85040* >> >> *602-426-0542 <(602)%20426-0542>* >> >> *[email protected]* <[email protected]> >> >> *www.triadwireless.net* <http://www.triadwireless.net/> >> >> >> >> *“Yesterdays Home Runs don’t win todays games!”* >> >> >> >> >> >> >> ------------------------------ >> >> *Total Control Panel* >> >> Login <https://asp.reflexion.net/login?domain=litewire.net> >> >> To: [email protected] >> <https://asp.reflexion.net/address-properties?aID=242260993&domain=litewire.net> >> >> From: 01000161e8a3778d-1724adbf-61a5-45a7-a42c-fba1f5191301-000000 >> @amazonses.com >> >> Remove >> <https://asp.reflexion.net/FooterAction?ver=3&un-wl-sender-domain=1&hID=26446784925&domain=litewire.net> >> amazonses.com from my allow list >> >> *You received this message because the domain amazonses.com >> <http://amazonses.com> is on your allow list.* >> >> >> > > > > -- > *Forrest Christian* *CEO**, PacketFlux Technologies, Inc.* > Tel: 406-449-3345 | Address: 3577 Countryside Road, Helena, MT 59602 > <https://maps.google.com/?q=3577+Countryside+Road,+Helena,+MT+59602&entry=gmail&source=g> > [email protected] | http://www.packetflux.com > <http://www.linkedin.com/in/fwchristian> <http://facebook.com/packetflux> > <http://twitter.com/@packetflux> > >
