Let's just lay it out there so that you absolutely know what I expect AGAIN. Attached is an email thread that came from the attorney from Muth systems. I have told you this in the past and I am telling you in front of everyone here. When the attorney from Muth sends me an email that says that everything is cleared up then and only then can you sell on this site. While some folks may not take the email between the attorney and myself as threatening I did, I can barely pay the bills to keep this site open much less pay and attorney to keep me out of the middle of a patent infringement.
While I think your mod is a great idea the attorney sent me specific information on how your mod was in violation of a patent.
If everything has been cleared up the there should be no problem with you going after this attorney for your losses in sales. Don't put me in the middle. I could care less that you feel that your dual citizenship protects you from any sort of legal ramifications but in the end its about me not you. That little disclaimer on the auction site is only so good, I have no protection knowing that the seller is violating a patent infringement. Once I was advised that there was an issue I have a duty and responsibility to remove it.
Peter this is your problem and you and your attorneys need to get with Muth and have them send me confirmation. Do not drag me through this and expect me to change my mind. Your persistant nagging and attempts to work around the systems is unacceptable and tells me a lot about your integrity. I have removed your auctions twice since this has happened and you have created new accounts on the board because I locked your account.
Do you really think that I locked your account, removed your auctions and removed privalidges because I wanted you to go create a new login......
This is your problem, go pay an attorney, sue muth or whatever you need to but do not expect me to change anything until that notice comes.
Thanks Doug. I'm happy to talk to you after I return from Detroit late next week.
We apreciate your cooperation.
Thomas
Thomas Alberti
-----Original Message-----
From: captain [mailto:captain@hayabusa.org]
Sent: Friday, October 13, 2006 02:23 PM Central Standard Time
To: Alberti, Tom
Subject: RE: Patent Infringement #2
Tom,
I don't have a problem taking the device off site, however I do ask for a small amount of consideration. I do have notifications on the message board and the auction site that state that we do not tolerate any infringements or violations of law. I was simply asking you for more information about the product and infringement so I can be informed of what is going on. The website is not a profit center and is simply a hobby site.
I do not keep legal council on staff, there is no staff, just me and you obviously know that I am not going to create a confrontation with legal council from a company. Now that I have specific information I am more than happy to remove any items that I find that are in violation of this patent infringement. I have already removed the product from the auction site and have the volunteer moderators looking through the message board for any other instances of this product. I will call you to see if you might have any ideas on how to keep this product from appearing on the message board or auction site again.
Doug
From: Alberti, Tom
Sent: Friday, October 13, 2006 2:08 PM
To: captain
Cc: Alberti, Tom
Subject: RE: Patent Infringement #2
I'm free tomorrow or Sunday, today I'm beyond busy.
In a nutshell, our policy is to aggressively police all infringing activity.
We aren't singling you out, and I have no doubt that you were unaware that the ad was up. We just need it taken down.
Feel free to call anytime (well, except for today).
Thanks Doug,
Thomas
From: captain [mailto:captain@hayabusa.org]
Sent: Friday, October 13, 2006 1:57 PM
To: Alberti, Tom
Subject: RE: Patent Infringement #2
Tom,
Let's get on a phone call, the email is not going the right direction. I think that you are misinterpreting my words.
Feel free to call me at *** *** **** or if you will provide me a number I will call you..
Doug
From: Alberti, Tom
Sent: Friday, October 13, 2006 1:54 PM
To: captain
Cc: Alberti, Tom
Subject: RE: Patent Infringement #2
The letter was not threatening, and as the administrator of the website you are responsible for its content.
It isn't my job to educate you about patent law or patent infringement, I suggest that you retain competent patent counsel to advise you of your legal rights should you choose to allow the item to be shown on your website.
Thomas P. Alberti, Esq.
Corporate Intellectual Property Counsel
Muth Company, LLC
Muth Mirror Systems, LLC
K. W. Muth Company, INC.
From: captain [mailto:captain@hayabusa.org]
Sent: Friday, October 13, 2006 1:39 PM
To: Alberti, Tom
Subject: RE: Patent Infringement #2
Tom,
The item that you are referring to was uploaded by a member of the site not by myself or any administrative personnel with my website. Instead of sending me a threatening email how about documentation to back up your claim. Have you contacted the person that has placed the auction on the site?
Doug King
From: Alberti, Tom
Sent: Friday, October 13, 2006 1:35 PM
To: <a href="mailto:captain@hayabusa.org" target="_blank">
Cc: Todd, Dan; Pfeifer, Gayle; Alberti, Tom
Subject: Patent Infringement #2
Importance: High
Mr. King - (copy to Gayle P. and Dan Todd, President of Muth Mirror Systems)
Your website has hosted this same mirror in the past, and "Bill" at:
was warned on 4/18/2005 and you and I spoke on 5/20/05.
Subsequently, the offending pages were removed.
Considering the restraint and kindness that you were afforded, I'm a bit shocked to see this again:
http</a>
auctiondetails
If this isn't resolved immediately, I will take action to make sure that this infringing mirror doesn't show up again.
Gayle - if this isn't removed by next Friday the 20th, we will need to take immediate action on this.
Thomas P. Alberti, Esq.
Corporate Intellectual Property Counsel
Muth Company, LLC
Muth Mirror Systems, LLC
K. W. Muth Company, INC.
While I think your mod is a great idea the attorney sent me specific information on how your mod was in violation of a patent.
If everything has been cleared up the there should be no problem with you going after this attorney for your losses in sales. Don't put me in the middle. I could care less that you feel that your dual citizenship protects you from any sort of legal ramifications but in the end its about me not you. That little disclaimer on the auction site is only so good, I have no protection knowing that the seller is violating a patent infringement. Once I was advised that there was an issue I have a duty and responsibility to remove it.
Peter this is your problem and you and your attorneys need to get with Muth and have them send me confirmation. Do not drag me through this and expect me to change my mind. Your persistant nagging and attempts to work around the systems is unacceptable and tells me a lot about your integrity. I have removed your auctions twice since this has happened and you have created new accounts on the board because I locked your account.
Do you really think that I locked your account, removed your auctions and removed privalidges because I wanted you to go create a new login......
This is your problem, go pay an attorney, sue muth or whatever you need to but do not expect me to change anything until that notice comes.
Thanks Doug. I'm happy to talk to you after I return from Detroit late next week.
We apreciate your cooperation.
Thomas
Thomas Alberti
-----Original Message-----
From: captain [mailto:captain@hayabusa.org]
Sent: Friday, October 13, 2006 02:23 PM Central Standard Time
To: Alberti, Tom
Subject: RE: Patent Infringement #2
Tom,
I don't have a problem taking the device off site, however I do ask for a small amount of consideration. I do have notifications on the message board and the auction site that state that we do not tolerate any infringements or violations of law. I was simply asking you for more information about the product and infringement so I can be informed of what is going on. The website is not a profit center and is simply a hobby site.
I do not keep legal council on staff, there is no staff, just me and you obviously know that I am not going to create a confrontation with legal council from a company. Now that I have specific information I am more than happy to remove any items that I find that are in violation of this patent infringement. I have already removed the product from the auction site and have the volunteer moderators looking through the message board for any other instances of this product. I will call you to see if you might have any ideas on how to keep this product from appearing on the message board or auction site again.
Doug
From: Alberti, Tom
Sent: Friday, October 13, 2006 2:08 PM
To: captain
Cc: Alberti, Tom
Subject: RE: Patent Infringement #2
I'm free tomorrow or Sunday, today I'm beyond busy.
In a nutshell, our policy is to aggressively police all infringing activity.
We aren't singling you out, and I have no doubt that you were unaware that the ad was up. We just need it taken down.
Feel free to call anytime (well, except for today).
Thanks Doug,
Thomas
From: captain [mailto:captain@hayabusa.org]
Sent: Friday, October 13, 2006 1:57 PM
To: Alberti, Tom
Subject: RE: Patent Infringement #2
Tom,
Let's get on a phone call, the email is not going the right direction. I think that you are misinterpreting my words.
Feel free to call me at *** *** **** or if you will provide me a number I will call you..
Doug
From: Alberti, Tom
Sent: Friday, October 13, 2006 1:54 PM
To: captain
Cc: Alberti, Tom
Subject: RE: Patent Infringement #2
The letter was not threatening, and as the administrator of the website you are responsible for its content.
It isn't my job to educate you about patent law or patent infringement, I suggest that you retain competent patent counsel to advise you of your legal rights should you choose to allow the item to be shown on your website.
Thomas P. Alberti, Esq.
Corporate Intellectual Property Counsel
Muth Company, LLC
Muth Mirror Systems, LLC
K. W. Muth Company, INC.
From: captain [mailto:captain@hayabusa.org]
Sent: Friday, October 13, 2006 1:39 PM
To: Alberti, Tom
Subject: RE: Patent Infringement #2
Tom,
The item that you are referring to was uploaded by a member of the site not by myself or any administrative personnel with my website. Instead of sending me a threatening email how about documentation to back up your claim. Have you contacted the person that has placed the auction on the site?
Doug King
From: Alberti, Tom
Sent: Friday, October 13, 2006 1:35 PM
To: <a href="mailto:captain@hayabusa.org" target="_blank">
Cc: Todd, Dan; Pfeifer, Gayle; Alberti, Tom
Subject: Patent Infringement #2
Importance: High
Mr. King - (copy to Gayle P. and Dan Todd, President of Muth Mirror Systems)
Your website has hosted this same mirror in the past, and "Bill" at:
was warned on 4/18/2005 and you and I spoke on 5/20/05.
Subsequently, the offending pages were removed.
Considering the restraint and kindness that you were afforded, I'm a bit shocked to see this again:
http</a>
auctiondetails
If this isn't resolved immediately, I will take action to make sure that this infringing mirror doesn't show up again.
Gayle - if this isn't removed by next Friday the 20th, we will need to take immediate action on this.
Thomas P. Alberti, Esq.
Corporate Intellectual Property Counsel
Muth Company, LLC
Muth Mirror Systems, LLC
K. W. Muth Company, INC.
