I would have to disagree with most of this thread.  You have two things going 
against you in this.  

1.  A free market economy.  
2.  License Free spectrum.

You can no more sue for someone putting up wireless in your "area" than you can 
if you owned a restaurant and McDonalds moved in next door.  This is a critical 
component of American society, so I doubt that any judge would even allow the 
suit to ever get in front of a jury.  If you can prove they are doing something 
illegal, like shooting your antennas with a .22 you might have a chance.

License free spectrum means that you are going to get interference.  Period.  
If interference were actionable, then Canopy would be out of business.  Let's 
face it guys, Canopy interferes with most of all other equipment in its 
spectrum.  By now, someone would have sued Canopy both on their equipment and 
on their marketing.  (Who has seen the Wireless Thug pic at the shows.  I know 
I have.)

Your best bet is to prove that they are using unauthorized gear such as amps, 
etc. and cajole the FCC into investigating.

David Peterson
WirelesGuys Inc.



-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mac Dearman
Sent: Wednesday, September 12, 2007 6:00 PM
To: 'WISPA General List'
Subject: RE: [WISPA] Legal Charges used in Malicious Interference Situations

Jack,

   I don't think it would have to be anything illegal about the
interference. If someone moves into an area established by you  - where you
have an ongoing business and (for instance) someone hangs some Canopy and
creates the inability to recover from the noise - - that is a law suit in
the making. I am sure you would have to do all you could do and present the
evidence of such, but the one who knocked you oout of business would be
responsible for your lost income. 

 My partner (20% owner) is a Corporate attorney and we have had this
discussion on several occasions. I will ask him what his take on this is and
what grounds he bases this line of thought.

Mac



> -----Original Message-----
> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
> Behalf Of George Rogato
> Sent: Wednesday, September 12, 2007 2:09 PM
> To: WISPA General List
> Subject: Re: [WISPA] Legal Charges used in Malicious Interference
> Situations
> 
> Onlist for my reply.
> It's also a good onlist discusion.
> 
> I have always believed that there is some way to combat someone who
> intentionally causes interference with an existing network to cause
> harm
> to the business or operation and or for financial gain.
> 
> I'm not a lawyer, so I can't even give any advice that would be worthy
> of taking to court.
> 
> But, to me, it's just unbelievable that criminal case can't be brought
> against the offending party. The same way the Ricco statutes were first
> used against the mob and in other racketeering cases.
> 
> 
> Statutory remedies for intentional acts. Many statutes provide remedies
> for intentional harms. Civil rights statutes provide remedies for
> intentional discrimination. Consumer fraud statutes provide remedies
> for
> unlawful trade practices. The federal RICCO statute provides remedies
> for victims of conspiratorial intentional conduct.
> 
> http://www.rnoon.com/law_for_laymen/litigation/intent.html
> 
> 
> Jack Unger wrote:
> > It's hard for me to accept that there are a few inconsiderate bullies
> > out there who would intentionally and maliciously jam other WISPs in
> > order to take over the customer base. I have recently seen probable
> > evidence of just such behavior. Because the FCC has no law (that I
> know
> > of) against this disgraceful behavior, legal recourse needs to be
> made
> > in state court and state laws do vary from state to state.
> >
> > Would anyone who has fought against this type of unethical behavior
> > please share with me (offlist please) what State law(s) they used?
> >
> > Thanks in advance,
> >
> > jack
> >
> 
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