Can-o-pee. (thanks Bill)
I was given a Canopy 2.4 GHz starter kit... sold it. ;-)
-----
Mike Hammett
Intelligent Computing Solutions
http://www.ics-il.com
----- Original Message -----
From: "Mac Dearman" <[EMAIL PROTECTED]>
To: "'WISPA General List'" <wireless@wispa.org>
Sent: Wednesday, September 12, 2007 8:49 PM
Subject: RE: [WISPA] Legal Charges used in Malicious Interference Situations
I disagree totally :) with all respect!
I also think that Canopy ought to be illegal in the USA. They built
something that is totally spectrally unfriendly - on purpose! The
commercial
that they use to air was "the last man standing." I didn't say that Canopy
didn't build some pretty good gear - I said I hate their guts and wouldn't
hang it if it were given to me for free due to the noise they create. I
would love to see their gear recalled and outlawed. I can produce that
commercial/ad in court and if you think you would stand a chance in civil
court against an ad like that - - you are in for a
surprise - - -unlicensed
spectrum or not!
We (all the WISP's) have a pact in N. Louisiana - - no one buys Canopy!
Mac
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of David Peterson
Sent: Wednesday, September 12, 2007 4:32 PM
To: WISPA General List
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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