SPORRS subscriber NOTICE: I'm going to explain something to you, and most of you will NOT understand it. This is not because you are stupid, this is because you don't have all of the facts, and you are guessing and making opinions on a mailing list about something that some of you admittedly know very little about. It is my suggestion, based on my lawyer's suggestion that you be very careful about what you say about this matter, and do not speak if you do not know for sure. Everything that I have previously stated about Mr. Gardner and this situation on this list is true, and I have proof to substantiate it, or the information would not have been released. Clarification: I am not implying that he removed any copyright notices from images in his possession that are owned by others.
1. First of all, someone on this list is forwarding this mail to Rick Gardner, so immediately stop posting your opinions of this matter to this list. 2. All of my doubts and concerns about this situation are substantiated. The result is that I have nothing to retract and that I am correct in all areas as stated, and some of you are simply incorrect about your rights, copyright and the Internet. 3. There are no more opinions, only facts. 4. I reserve the rights to protect my best interests and those of Action Photographic and SPORRS by removing any flagrant copyright violators or those applying judgment which presents any form of liability to myself, Action Photographic, or SPORRS, an Action Photographic entity. 5. Copyright violators may be removed from SPORRS without notice, and I may terminate this list at any time without notice, without any explanation. All rights reserved. 6. Mr. Gardner is accused of copyright infringement and he now knows it. There is no debate here. That's a fact. 7. Mr. Gardner reserves the right not to admit to these acts, inclusive of the Fifth Amendment of the United States Constitution. 8. I have the facts, and you are guessing and making opinions about him and this situation, which makes us all look foolish, because we can't agree on anything because some of you have been found doing what Mr. Rick Gardner is doing, to a lesser scale, and some of you are supporting his ideal based on incorrect or missing information, or opinions which I cannot express. There is no debate here, so there is nothing for you to respond to. 9. Rick Gardner was caught. The actions are out of my hands now and I cannot be responsible for the outcome. I'm not going to post why, or I might as well mail it right to him. 10. Actions are being taken. By whom and for what at this point is none of your concern. If you are involved, you have already been notified. If you feel that you should be involved but have not been contacted, or if you are effected, and you want to present some facts, you must contact your lawyer, not this list. 11. You are wrong to debate laws and facts. All copyright information that I have provided to this list is accurate and factual. You should only debate opinions. 12. Copyright Infringement is illegal, and it is enforceable. 13. Copyrighted material on the Internet is not free, and it remains the property of the owner. 14. Myself, Action Photographic and SPORRS cannot provide a vehicle for illegal activity. Copyright violations are prohibited. 15. Involvement in a hobby does not nullify the law. 16. Do not speak another work of this without first speaking to legal council and reviewing the entire content of the Copyright Act as amended, your local and state laws that apply, your Internet provider's agreement, The Communications Decency Act and any local telephone laws that may apply. If your copyright has been violated, contact a lawyer. 17. A percentage of you are incorrect, and have damaged and diluted an issue and ignored the laws in favor of your personal opinions about them and how they apply. The legal advice is to remain silent at this point. 18. Discussions of copyright and the Internet On the SPORRS list are permitted, however, unless you are prepared to back your statements, do not express opinions about what Mr. Gardner has or is doing, which is limited to the content of this mail and his web site. Technically, he has committed a crime, and as you well know, he is legally innocent until proven otherwise. Just like the Unabomber. 19. The issue was not previously 'blown out of proportion', just the unsubstantiated opinions. This mailing list and the web site cannot exist if those of you in disagreement are correct and remain as members. The liability would be too high to risk. Those of you in disagreement are not correct fortunately. I have nothing more to add, other than some of you have greatly erred on this list by irresponsibly ignoring the laws that govern property rights and the facts, in lu of your personal opinions of the law and a hobby and not the facts which you could have obtained prior to speculating. This is one issue that requires the facts and the truth, not your opinions. List Issue Closed Dave Cohen SPORRS List Owner and Webmaster Dave Cohen Photographer [EMAIL PROTECTED] http://www.anet-stl.com/acphotog -> SPORRS: Serious Photographers of Railroad Related Subjects -> Web Site: http://www.anet-stl.com/acphotog/sporrs
