Hey Mac, You can disagree with disrespect, this is opinion. :>
However, let me break this down for you and others on this thread. If 1 guy moves in the area, follows the rules and raises the noise floor, should you be able to engage in anti-competitive practices by asking that he be shut down? What if 15 move into your area and all compete? The only way that I could see having a leg to stand on is if he is deliberately attempting to interfere with your business instead of pursuing his normal course of business. As one guy pointed out, I am not a lawyer. David -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mac Dearman Sent: Wednesday, September 12, 2007 9:50 PM To: 'WISPA General List' 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 > > > > > > > --------------------------------------------------------------------- > -- > > --------- > > > > ** 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! 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