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 > > > > ----------------------------------------------------------------------- > --------- > > ** Join us at the WISPA Reception at 6:30 PM on October the 16th 2007 > at ISPCON ** > ** ISPCON Fall 2007 - October 16-18 - San Jose, CA www.ispcon.com ** > ** THE INTERNET INDUSTRY EVENT ** > ** FREE Exhibits and Events Pass available until August 31 ** > ** Use Customer Code WSEMF7 when you register online at > http://www.ispcon.com/register.php ** > > ----------------------------------------------------------------------- > --------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > ----------------------------------------------------------------------- > --------- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- ** Join us at the WISPA Reception at 6:30 PM on October the 16th 2007 at ISPCON ** ** ISPCON Fall 2007 - October 16-18 - San Jose, CA www.ispcon.com ** ** THE INTERNET INDUSTRY EVENT ** ** FREE Exhibits and Events Pass available until August 31 ** ** Use Customer Code WSEMF7 when you register online at http://www.ispcon.com/register.php ** -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
