The relation to the McDonalds question would be if they built their store in
front of your door, preventing you from getting customers.
-----
Mike Hammett
Intelligent Computing Solutions
http://www.ics-il.com
----- Original Message -----
From: "David Peterson" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, September 12, 2007 5:32 PM
Subject: RE: [WISPA] Legal Charges used in Malicious Interference Situations
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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