Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation

  • From: "Darrell Shandrow" <nu7i@xxxxxxxxxxxxx>
  • To: <jfw@xxxxxxxxxxxxx>
  • Date: Tue, 22 May 2007 09:37:48 -0700

Hello,

The petition arises out of a deep concern for this possibility, not an 
assumption that it will happen.

Darrell Shandrow - Accessibility Evangelist
Visit http://www.SaveSerotek.org and ask Freedom Scientific to stop suing!
Information should be accessible to us without need of translation by 
another person.
Blind Access Journal blog and podcast: http://www.blindaccessjournal.com
Check out high quality telecommunications services at http://ld.net/?nu7i
----- Original Message ----- 
From: "Yardbird" <yardbird@xxxxxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Tuesday, May 22, 2007 9:25 AM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek 
Corporation


Darryl,

I keep wondering about something really fundamental, here, and that's the
obvious assumption of this petition that for FS to file suit against this
company means that the company will be driven out of business by their legal
expenses and/or penalties. How can you so confidently assume that? That's
the big assumption behind your objection  to the suit, it seems to me. I
keep saying that just because the FS suit claims all sorts of damages and
requests huge amounts of compensation doesn't mean they're likely to be
awarded all that, even if they were to *win* the suit. In fact, it's
completely unlikely, so far as I'm able to guess. So it's like the petition
arises from some sort of unrealistic freakout inspired by taking the wording
of the complaint too seriously. The main thing that's likely to happen, if
FS has even a fraction of the legal talent and budget for this as does
McDonald's in other such cases, is that whatever the Freedom Box is, it will
eventually be renamed "Harvey" or something. And someone will make a deal
over the fees and penalties and such, and whatever expenses do accrue to
Serotek they'll absorb, as likely as not. You can't predict any of this
without actually being one of the participants in the case, preferably one
of the lawyers on one side or another. Honestly,it all strikes me as a
little hysterical. I'm sorry. I mean no offense, but we seem to be living in
a time when suddenly people mistakenly think they have more insight into
some topics and events than they do, simply because the Internet makes it
seem as if they're in the middle of a big, free library 24/7, but that just
isn't the reality. I do a lot of research on a lot of things online about
various topics when I need the knowledge for something, which renders me far
better informed about, let's say, research in the area of retinal
degeneration and stem cell research than my next door neighbor who only
knows what he sees on the TV news now and then, but that doesn't make me a
professor of ophthalmology concentrating on world class research projects
with the funding of the National Institutes of Health and the National Eye
Institute, like my friend who's actually such an academic in the field at an
East coast university. Nor does my lay person's deliberately-studied general
knowledge of the history of American and English law, and following some of
the news about legal proceedings, make me an attorney. I'm saying this so
you can see I'm including myself in this observation.

Sorry. But this really has gotten wearisome, and I know you're being
idealistic and well meaning, and I am not trying to belittle your idealism.
I'm also growing incoherent because I'm trying to get through my morning's
email and get to work, and so I'll just sign off here, and please, James,
don't start holding my messages. I'll contribute no more to this thread,
now. Just had to get in that comment.
----- Original Message ----- 
From: "Darrell Shandrow" <nu7i@xxxxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Tuesday, May 22, 2007 8:33 AM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Hello Barry and all,

You may also want to sign the petition even if you do not necessarily think
Freedom Scientific is wrong, but you would still like the lawsuit to stop
for the sake of freedom of choice in the blind community.  This petition is
not saying anything against Freedom Scientific.

Darrell Shandrow - Accessibility Evangelist
Visit http://www.SaveSerotek.org and ask Freedom Scientific to stop suing!
Information should be accessible to us without need of translation by
another person.
Blind Access Journal blog and podcast: http://www.blindaccessjournal.com
Check out high quality telecommunications services at http://ld.net/?nu7i
----- Original Message ----- 
From: "Barry Campbell" <jazzlion1@xxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Tuesday, May 22, 2007 2:56 AM
Subject: RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


I happen to agree with Bruce.  I think Freedom has a valid case and should
be heard in court.  I am not the hugest fan of Mike Calvo for a particular
reason way before Saratech and choose not to support anything he is involved
in at anytime.  He could produce gold out of his ... And I still would not
support his ventures.  However, I have seen Key to freedom and think it is a
great product for anyone not familiar with computers.  It does give them
access to the internet, email and much much more.   I do believe it has its
place but it is important for us to realize that  this is a case of
trademark infringement nothing more than that.  Freedom Scientific has the
right to protect its trademarks just like any other person, company and or
non profit organization.

Jeff and Darryl also have the right to create any petition they wish,
however we also have to right not to sign it.  Please people don't sign this
patition just because you do not like one company or another.  You should
sign it if you think Freedom Scientific is wrong for moving ahead with this
case.

Thank you for your time.
-----Original Message-----
From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On Behalf
Of Bruce Toews
Sent: Monday, May 21, 2007 8:19 PM
To: jfw@xxxxxxxxxxxxx
Subject: RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Jeff, for the last two days everyone has been jumping to one conclusion,
and you two are encouraging it. I took the other side.I was pretty much
the first person willing to stand up for FS against many others who took
one side. Just because it's not the side you prefer ...

Bruce

-- 
Bruce Toews
Skype ID: o.canada
E-mail and MSN/Windows Messenger: DogRiver@xxxxxxxx
LiveJournal: http://brucetola.livejournal.com
Radio Show and Podcast: http://www.totw.net
Web Site (including info on my weekly commentaries): http://www.ogts.net
Info on the Best TV Show of All Time: http://www.cornergas.com

On Mon, 21 May 2007, Jeff Bishop wrote:

> No, I in no way said you should be muzzled, you have every right to
> express your opinion.  All I am saying is that we haven't heard one
> word from Serotek, and everyone jumping to one conclusion with that
> being abscent is not right.  All the petition says is to stop suing,
> that is all.  It doesn't assume any sort of motive whatsoever and I
> will sware to that on a stack of Bibles Bruce.
>
> -----Original Message-----
> From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On
> Behalf Of Bruce Toews
> Sent: Monday, May 21, 2007 4:24 PM
> To: jfw@xxxxxxxxxxxxx
> Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against
> Serotek Corporation
>
> Jeff asked me not to weigh in on this until we've heard from Serotek.
> I call that an attempt to muzzle me.
>
> Bruce
>
> --
> Bruce Toews
> Skype ID: o.canada
> E-mail and MSN/Windows Messenger: DogRiver@xxxxxxxx
> LiveJournal: http://brucetola.livejournal.com Radio Show and Podcast:
> http://www.totw.net Web Site (including info on my weekly
> commentaries): http://www.ogts.net Info on the Best TV Show of All
> Time: http://www.cornergas.com
>
> On Mon, 21 May 2007, Darrell Shandrow wrote:
>
>> Hi Bruce,
>>
>> How is anyone's opinion being muzzled?  Please explain.
>>
>> Darrell Shandrow - Accessibility Evangelist Visit
>> http://www.SaveSerotek.org and ask Freedom Scientific to stop suing!
>> Information should be accessible to us without need of translation by
>> another person. Blind Access Journal blog and podcast:
>> http://www.blindaccessjournal.com Check out high quality
>> telecommunications services at http://ld.net/?nu7i
>> ----- Original Message -----
>> From: "Bruce Toews" <DogRiver@xxxxxxxx>
>> To: <jfw@xxxxxxxxxxxxx>
>> Sent: Monday, May 21, 2007 4:08 PM
>> Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against
>> Serotek Corporation
>>
>>
>> Then there's no reason an opposing opinion to yours should be muzzled
>> until then either.
>>
>> bruce
>>
>>
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