That argument might work if somebody is putting up stuff specifically for the purpose of interfering... but otherwise, it just isn't going to work. You can't sue somebody for using public resources that they have every bit as much right to use as you do, just because you happened to be there first.
On Fri, Mar 2, 2018 at 3:01 PM, Adam Moffett <dmmoff...@gmail.com> wrote: > Hmm...If I made a contract saying I'd deliver 'X' performance to a > business, and I used a part-15 unlicensed radio, and someone came along and > their radio reduced my SNR; then yeah I suppose the radio interfering party > is also "interfering" with my contract. I could also switch that client to > another band (2.4ghz, 24ghz, etc) to meet the obligations in my contract. > If all else failed I could meet my obligations by buying them cable or > fiber. It would suck, and I'd lose money on the deal, but I could do it. > The terms of my contract can't alter FCC rules for radios. Just as an > example, a contract between Adam Moffett and Verizon couldn't compel Mike > Hammett to alter his otherwise perfectly legal behavior. Now suppose > forcing Mike Hammett to alter his behavior would give Verizon a competitive > advantage in gaining and retaining me as a customer. > > I think I see what you're saying w/ regards to what they are saying about > contract interference. I should hope no court sees it their way. > > > > ------ Original Message ------ > From: "Mike Hammett" <af...@ics-il.net> > To: af@afmug.com > Sent: 3/2/2018 1:47:51 PM > 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/> > <https://www.facebook.com/ICSIL> > <https://plus.google.com/+IntelligentComputingSolutionsDeKalb> > <https://www.linkedin.com/company/intelligent-computing-solutions> > <https://twitter.com/ICSIL> > Midwest Internet Exchange <http://www.midwest-ix.com/> > <https://www.facebook.com/mdwestix> > <https://www.linkedin.com/company/midwest-internet-exchange> > <https://twitter.com/mdwestix> > The Brothers WISP <http://www.thebrotherswisp.com/> > <https://www.facebook.com/thebrotherswisp> > > > <https://www.youtube.com/channel/UCXSdfxQv7SpoRQYNyLwntZg> > ------------------------------ > *From: *"Rory Conaway" <r...@triadwireless.net> > *To: *af@afmug.com > *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>* > > *r...@triadwireless.net <r...@triadwireless.net>* > > *www.triadwireless.net <http://www.triadwireless.net/>* > > > > *“Yesterdays Home Runs don’t win todays games!”* > > > >
