MESSAGE
| DATE | 2003-03-07 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [hangout] Re: NYLXS -Rules Commitee
|
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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