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

  • From: "Yardbird" <yardbird@xxxxxxxxxxxxxx>
  • To: <jfw@xxxxxxxxxxxxx>
  • Date: Tue, 22 May 2007 12:55:07 -0700

Darryl,
I wasn't arguing with your motivation and its rationale. I was taking 
exception to your rhetoric, which is metaphorical, and that's your choice. 
So long as you're aware of the difference, which helps keep it clear. But in 
the only sense that "investor" actually means, the consumer is not in any 
way an investor. I know what you mean, but you don't mean this. Okay, let's 
stop. I promised James.

----- Original Message ----- 
From: "Darrell Shandrow" <nu7i@xxxxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Tuesday, May 22, 2007 12:25 PM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek 
Corporation


Though we may not be technically "investors" we are "investing" in this
technology, and it most certainly is "our business" to be concerned about
and take action when we think something's not quite right in our industry.
Remember, my friends, people's lives may litterally be at stake here.  We're
talking about potentially our ability to obtain or retain employment
opportunities and business ownership.


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 11:52 AM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Hi Sean,

I guess this is like the way you could parse the name Freedom Box to come up
with what they hoped it said, even though my first reaction was a shrug and
then a laugh, first time I heard the name. A customer isn't an investor.
You're speaking metaphorically. Which is okay, if you're aware of that. But
we're not investors, nor in fact very much like investors, either, and we
have no relationship with the company resembling what investors or, in a
publicly held corporation, stockholders would. It's apples and oranges.
Thanks very much.
----- Original Message ----- 
From: "Sean McMahon" <smcmahon@xxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Tuesday, May 22, 2007 11:25 AM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


I think legal battles do affect us as customers.  As an investor, which is
assentially what a customer is, you have a right to say what you feel about
what
the company is doing.  If a company is focusing on suits, they have less
money
for r&d which may affect the products we receive.  We have a right to say
anything.  Maybe it's ignorent, maybe it's dammaging, but it is that right
which
encourages competition, shares ideas and makes us realize our diversity.
----- Original Message ----- 
From: "Jim Grimsby Jr." <jimgrims@xxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Monday, May 21, 2007 8:03 PM
Subject: RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Not really.  This is a business  like any other.  You and I have no right to
try to ask any one how to run there company accept how it effects us as
customers  of said company.  So if you were publishing a on line petition
to get freedom scientific  to start a jaws payment plan I would go right
over there and sign it.  Now that is our business.  Note no one asked
Microsoft to stop sewing  linspier  over the name they used to have for
there program.  No one asked apple  core not to sew  apple computers. What
about the i-phone  situation.  Think about it.

-----Original Message-----
From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On Behalf
Of Darrell Shandrow
Sent: Monday, May 21, 2007 4:20 PM
To: jfw@xxxxxxxxxxxxx
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Hello Adrian,

It is most certainly our business as a blind community if it turns out that
some innovative technologies end up being squelched over this.

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: "Adrian Spratt" <A.Spratt@xxxxxxxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Monday, May 21, 2007 4:07 PM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Hi, Darrell.

This flurry of messages has led me to take advantage of Benjamin's link to
the legal complaint that FS filed in federal court. I'm not sure why your
friend thinks the case has little legal merit. It's a highly professional
document that states the case well. That doesn't mean FS will win. It does
mean, however, that all our commentary looks naive by contrast.

I would very much like to know how Serotek justifies its use of "Freedom."
Benjamin has just written a note analyzing the exact products that Serotek
offers, to the extent one can make them out. But in the larger world, FS
seems correct in its legal complaint in asserting that its reputation lies
more generally with products for the blind and visually impaired. In that
context FS has made a case that use of "Freedom" could be confusing. It
remains for Serotek to prove otherwise.

I admire your public spirit. However, it is disingenuous to say that all
you're doing is asking FS to abandon its lawsuit. If Bruce is correct in
asserting that FS tried to resolve the problem before filing this lawsuit,
which I emphasize is an "if," I wonder why Serotek was so adamant in
clinging to the "Freedom" name. Just dropping it would have avoided this
situation, which you say you want to bring to an end. Instead, it seems to
me that Serotek, rightly or wrongly, has made the decision to fight.  I have
to conclude that the lawsuit is a private matter and none of our business.

Like you, I hope it doesn't result in the loss of a supplier of adaptive
equipment. However, it's time for us to take a back seat. Actually, we're
already sitting there.
----- Original Message -----
From: "Darrell Shandrow" <nu7i@xxxxxxxxxxxxx>

Hello Dean,

Our only point with the petition is to allow the blind community to make a
statement that they feel the lawsuit should be stopped. One of my legal
sources believes, on first blush, that this actually does not look like a
very strong case.

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

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