MESSAGE
| DATE | 2003-03-08 |
| FROM | Mike Richardson - Jounal Committee NYLXS
|
| SUBJECT | Subject: [hangout] Re: NYLXS -Rules Commitee
|
At this point this should be on hangout. Ruben you have been asked to
not post anything about the nylxs.org or NYFU while talks were going on.
Yet you persisted, and each tie you posted you made it that much harder
for me to talk to Brett. If I throught it would get though to you I would
ask the board to censure you. Also I was never at any board meeting that
decided to fold what you call NYFAIRUSE into NYLXS. While we are at it
remember you decided (and talked everyone else into not registering the
nylxs.org domain). NYLXS never owned it. (your words were" we are
nylxs.com not
.org") signed Michael L Richardson.
On Fri, 7 Mar 2003, Ruben Safir wrote:
> Why I apreciate the work you've done as a board member, Joe, and your dedication
> to our efforts, you need to reconsider.
>
> Your wrong Joe
>
> flat out.
>
> First, this shouldn't been sent to hangout, it should have been sent to the
> board mailing list.
>
> Secondly, your wrong on the facts, and I'm sick of it...and now the gloves
> are off.
>
> First of all, you don't care about the NYLXS political agenda and never once
> participated in it.
>
> You complained that NY fair Use was folded into the NYLXS, but you were in a
> minority and given a chance to vote on it, not ONCE, but twice. then you
> claimed that NYLXS's board didn't votebecause there was no board meeting,
> but there was a general emergency meeting with nearly a weeks notice.
>
> Then you claimed that a qorum of the board wasn't there, when every board
> memeber, including you, was there, acecpt Paul and Marco. that's a quurom.
>
> Then you asked for the current board, and I listed it for you TWICE on the
> mailing list. Then we had a second meeting in which the board agreed on the
> following:
>
> 1 - A rules committee would be set up to negotiate the rules for the meeting
> on a settlement.
>
> 2- Michael marco and You would be on the rules committee and meet this week
> with Brett and 'NYFU', diliver the settlemen, and we would impose a deadline
> of this week. Then we had further discussion on the mailing list about
> this going forward and we reinforced that it was to be done this week.
>
> 3- It was publically know from the board meeting that our agreement in the
> horse trading was that everything was to be settled and the domain returned to
> us by TODAY - Friday.
>
>
> We had several private conversations about the nature of a 'rules' committee,
> both you and I, Michael Richardson and I, and Marco and I, and again at the
> board meeting.
>
> The rules committee was in no way impowered to negotiate for the organization
> or the board the terms of settlement. I offered from my person several
> concessions for Brett and 'NYFU' which was also part of the horse trading
> done at the board meeting. I set as a condition for this that things had to be
> done by Friday.
>
> The rules committee met, but failed, not for a lack of effort, but failed
> anyway, in obtaining most of it's objectives. No rules where created for
> meeting of binding arbitration. The next date of meeting with brett was
> pushed back to Saturaday, past our agreed day of settlement. And it seems
> that some of the rules committee members have decided that they are in a
> position to negotiate this themselves.
>
> There is a continual desire on your part to paint this as 'personal'. You
> did this at the board meeting, and your doing this again here. This is
> your personal hang up, not mine.
>
>
> So let's get some of the facts right, because you have them mixed up.
>
> Wynkoop is extorting the organization with the .dog domain. Jay has continued
> to lie about the facts, and the evidence in all the matters of NY Fair Use.
>
> Jay told one board memeber that the NYLXS dinner was the NYFU dinner.
>
> Brett paraded around LWE claiming to be the executive director, Brad Kuhn,
> of he FSF and bad mouthing NYLXS and myself.
>
> Brett is sitting on our legal trademark, NYLXS, and our business brand
> of NY Fair Use, both of which I have prior works on.
>
> Brett and Jay are in copyright violation of my work, which I donated to NYLXS.
>
> Brett has claimed he will not give NYLXS back it's domain until a change in
> the board.
>
> It takes 5 minutes to transfer the domain.
>
> Failure to protect trademarks forfiets them.
>
> Brett and Jay have made the rounds through every single member of the
> board, trying to split the board. first was Me, Joe Villari, then Joe
> Grastara, then Marco, and now you and Michael Richardson.
>
> Other organizations in the area are ready to become involved in this dispute
> because of the general threat to gives to all groups in NY.
>
> Brett wanted to make the agreement on a handshake which everyone agrees is
> not good because of their tract record.
>
> Everyone who has looked over the evidence agrees entirely with our position.
>
> We agreed on the next line of action with this regard.
>
> A death in the family is not a cause for a delay in the return of our domain
> to us.
>
> NYLXS will not be extorted, and our fair offer to them. It took over
> vinnie over 10 hours to come up with the agreement papers and we all had
> a chance to review it.
>
> On following the news of the death in the family, I, as President, extended them
> 4 more days, on top of the 6 months, to settle this dispute.
>
> In addition, what you don't know, is that I've also asked the FSF to act as
> a go between the parties and so that Wynkoop can give the domain to the FSF in
> escro until this is settled. (once again, I'm looking for ways of doing this
> flexibly).
>
> Anything which causes this to be dragged closer to April 1st, after the election
> gives in to extrotion to Brett, as that is the turnover date for the new
> officers.
>
> I'm not Jimmy Carter. And Marco is not Ronald Reagan. Brett is not Iran.
>
> This is going to go through the alternate chanells we discussed at the last
> board starting Wednesday if the domain is not returned.
>
>
> Ruben
>
>
>
> On Fri, Mar 07, 2003 at 08:59:46AM -0500, jam-at-rm-cpa.com wrote:
> >
> > Ruben,
> >
> > I have never before worked with someone who acts in such an unprofessional
> > manner on such a consistent manner. You just make sh*t up just to suit
> > your needs. Why do you want to alienate your own board? Why do you act
> > unilaterally without board approval?
> >
> > Your behaviour has wasted everyones time and has gotten us into this
> > situation. You are blinded by the personal nature of the problem.
> >
> > You call a general meeting - not a board meetings and then take board votes
> > without a quorem and then pass off the results as board approved.
> > The board set up a rules committee initially to establish rules
> > for a hearing - and then was empowered to offer terms of settlement - you
> > unilaterally make up terms of a settlement without consultation.
> >
> > You say your meeting with an attorney on wednesday. Need I remind you
> > about board approval required for the expenditure of funds over $500?
> >
> > If you really want to resolve this matter in accordance with how the board
> > voted - you need to remain out of this and stay silent. Don't continue to
> > shoot yourself in the foot and wonder why it hurts.
> >
> > This is a volunteer organization - which under your leadership has done
> > wonderful things for the cause - fustrating your fellow board members and
> > going against their wishes - lessens the enjoyment for the rest of us.
> >
> > Ruben, if you continue to make public statements about the .org name - and
> > continue to behave in such a manner - I will be forced to tender my resignation.
> >
> >
> > Joe Maffia
> >
> >
> >
> > On Fri, 7 Mar 2003, Ruben I Safir wrote:
> >
> > > I light of a death in Brett Wynkoops family, NYLXS would like to send
> > > Mr Wynkoop and his family our most solemn condolence. We wish Mr Wynkoop
> > > and his family only the best, and that he should find solace in his time
> > > of grief. Members of NYLXS have had similar personal tragedy, and so while
> > > we work through difficult times, we understand the need for others to pause.
> > >
> > > In light of this, we will suspend our deadline for Brett Wynkoop and
> > > Jay Sulzberger to return the NYLXS.org domain to our organzation until
> > > Wednesday before NYLXS pursue this through other means.
> > >
> > >
> > > Ruben
> > >
> > > NYLXS President
> > > Founder of NYLXS and NY Fair Use
> > >
> > > --
> > > __________________________
> > > Brooklyn Linux Solutions
> > > __________________________
> > > DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
> > >
> > > http://www.mrbrklyn.com - Consulting
> > > http://www.inns.net <-- Happy Clients
> > > http://www.nylxs.com - Leadership Development in Free Software
> > > http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net
> > > http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
> > >
> > > 1-718-382-0585
> > >
> >
> >
>
> --
> __________________________
> Brooklyn Linux Solutions
> __________________________
> DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
>
> http://www.mrbrklyn.com - Consulting
> http://www.inns.net <-- Happy Clients
> http://www.nylxs.com - Leadership Development in Free Software
> http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net
> http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
>
> 1-718-382-0585
>
____________________________
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc
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