Canopy was not initially developed for the military. It was built ground up
for WISPs. When it was designed, it was the best that there was, but
internal issues kept it from the market for a few years. During that time,
the market changed and Moto could no longer count on some of the things they
had when they designed it.
-----
Mike Hammett
Intelligent Computing Solutions
http://www.ics-il.com
----- Original Message -----
From: "Faisal Imtiaz" <[EMAIL PROTECTED]>
To: "'WISPA General List'" <wireless@wispa.org>
Sent: Wednesday, September 12, 2007 10:58 PM
Subject: RE: [WISPA] Legal Charges used in Malicious Interference Situations
".....I would love to see their gear recalled and outlawed..."
Mac,
That will happen when the 'cow jumps the moon'.
Don't know if you all know the story of how Moto Canopy was developed ?
It was developed for the military to begin with .......you take it from
there....every thing that you all dislike about the Moto Canopy system
were
specifically designed as 'features' .
-:)
Faisal Imtiaz
-----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
> >
>
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