MESSAGE
DATE | 2003-03-25 |
FROM | Ruben Safir
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SUBJECT | Subject: [hangout] Re: Re: Monday 18:52 24 March 2003 settlement
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Stop being a jerk Jay. I'm the elected President and do speak for the board.
I'm the founder of NY Fair Use and speak for that organization as well.
Just because you decided you can't work within the structure of NY Fair Use and NYLXS doesn't mean the board will follow your illegal activities and also try to strip these organizations of their legitiamacy and leadership.
Everyone everywhere has told you the same thing. Your attempts to destroy both NYLXS and NY Fair Use are finished now. How much more you loose depends on how quickly you return all of NYLXS's trademarks and copyrighted works, including the NYLXS.org domain and the NYFAIRUSE.org,com and net domains.
Your actions in regard to a more than fair deal given to you have caused everyone invovled to give up on the smallest possiblity of seeing any merit in your position, or you and Brett even as individuals. You've not only damaged NYLXS and NY Fair Use, and the cause you claim to love, but you've damaged every other effort you will ever work with for in the future. Nobody will ever want to work with you again, not with NYLXS, not with NY Fair Use, not with anything you might decide to do with LXNY, or anything else ever affiliated with either You or Brett Wynkoop.
If you continue lieing, and treating people as stupid unthoughtful things to be manipulated for your own ego, you will just do more and more damage to your reputation.
In a word Jay, you promised that when you were done with NYLXS, it would blow up after you spoke. This has not been the case. In fact, you seem to being blowing yourself up more than hurting anyone else.
Ruben Safir
> > I am writing this after I got a note of rejection from Ruben. Since I do > not see any official communication from the board of NYLXS I still hope > that the board will consider the settlement offer. > > In any case, I hope that the board of NYLXS will hold off on further > attacks, remove all attacks on the NYLXS website, apologize to Brett and to > NYFU, and then ask Brett whether he would be willing to hand over the > nylxs.org domain. Perhaps after the new administration is in office this > might succeed in resolving this nonsense. > > oo--JS. > > > > > > At 06:52 PM 03/24/2003 -0500, you wrote: > > >This agreement is made between NYLXS, Inc.,("NYLXS") a New > > >York State corporation, Brett Wynkoop,("Wynkoop") and New > > >Yorkers For Fair Use, Inc., ("NYFU") a New York State > > >corporation on the 14th Day of March, 2003. > > > > > >This agreement is the complete and entire agreement between these three > > >parties. This agreement does not waive any other rights to existing or > > >future trademarks. > > > > > >Should any section of this agreement become void for any reason all other > > >provisions remain in full force. > > > > > >It is understood by all parties that differences of opinion exist > > >concerning the origin of NYFU and the use of the domain name NYLXS.org. > > >Despite these differences, all parties agree to settle their disputes, > > >from this date forward, as follows: > > > > > >1. Brett Wynkoop currently holds the NYLXS.org domain and in > consideration > > >of NYLXS adhering strictly to all clauses of this settlement will > transfer > > >the NYLXS.org domain to NYLXS, Inc.. > > > > > >2. As of the date of this agreement and immediately after execution of > > >this agreement, Wynkoop will transfer the domain name NYLXS.org to > > >NYLXS, Inc. and NYLXS will then hold the nylxs.org, nylxs.com and > nylxs.net > > >domains as its own proper second level domains. NYLXS expresses its > thanks > > >to Brett Wynkoop for his holding the nylxs.org domain until it could be > > >turned over to NYLXS, Inc.. > > > > > >3. From the date of this agreement and in the future, NYLXS, Inc. will > not > > >make official statements from NYLXS, Inc. about Wynkoop or NYFU on its > > >website, mailing lists or other publications that can be deemed by any > > >reasonable person to be malicious, slanderous, or libelous or which can > > >bring into question any of the terms of this agreement. > > > > > >4. From the date of this agreement and in the future, neither NYFU nor > > >Brett Wynkoop will make official statements from NYFU about NYLXS, Inc. > on > > >its website, mailing lists or other publications that can be deemed by > any > > >reasonable person to be malicious, slanderous, or libelous or which can > > >bring into question any of the terms of this agreement. > > > > > >5. Upon execution of this agreement it is accepted by all parties that > NYFU > > >and NYLXS are entirely separate organizations. > > > > > >6. Neither NYLXS nor NYFU will act, from this date forward, so as to > induce > > >confusion about the complete separation of the two organizations. In > > >particular: > > > > > >a.NYLXS will not have any web site or pages that might be confused with > > >those of NYFU. NYLXS will not operate any web site or pages presenting > > >themselves as representing an organization under any of the following > names: > > >"New Yorkers for Fair Use," "NY Fair Use" or "NYFU." NYLXS will not > operate > > >any domain name, hostname, mailing list or email address which uses the > > >characters "NYFU," nor which uses the terms "NY" "New Yorker" or "New > > >Yorkers" in combination with the terms "Fair Use." > > > > > >b.NYFU and/or Wynkoop will not have any web site or pages that might be > > >confused with those of NYLXS. NYFU and Wynkoop will not operate any web > > >site or pages presenting themselves as representing an organization under > > >any of the following names: "New York Linux Scene" "New York GNU/Linux > > >Scene" or "NYLXS." NYFU and Wynkoop will not operate any domain name, > > >hostname, mailing list or email address which uses the characters > "NYLXS," > > >nor which uses the terms "NY" "New Yorker" or "New Yorkers" in > combination > > >with the terms "Linux Scene" or "GNU/Linux Scene." > > > > > >c.All parties agree that any web page links or references dealing with > > >any other party will point to the other party's official website. > > > > > >d.Neither NYLXS nor NYFU will conduct any meetings, advocacy, organizing, > > >fund raising, agenda setting, or any other business in such a way as to > > >present themselves as representing the other organization. > > > > > >It is understood no finite list can cover all possible actions which > might > > >tend to confusion, and so the above list of disallowed actions is not > > >complete. > > > > > >7. Both parties agree to send this agreement to any person who asks > about > > >the relation between NYLXS and NYFU. Notwithstanding any other parts of > > >this agreement, both organizations are free to post this agreement on > their > > >respective web pages. Neither organization is required to post this > > >agreement. > > > > > >8a. NYFU will not use any terms which are currently names of NYLXS > programs > > >or activities, to name its own programs or activities. Nor shall NYFU > use > > >any current or future trademarks of NYLXS or other names of NYLXS > programs > > >to describe its programs or activities; such as, but not limited to Free > > >Software Chamber of Commerce and the Free Software Institute. > > > > > >8b. NYLXS will not use any terms which are currently names of NYFU > programs > > >or activities, to name its own programs or activities. Nor shall NYLXS > use > > >any current or future trademarks of NYFU, or other names of NYFU programs > > >or activities to describe its own programs or activities; such as, but > not > > >limited to NYFU and Stop the Englobulators. > > > > > >9. For a period of one year after the signing of this agreement no > person > > >may at the same time be a member of the boards of NYFU and NYLXS. > > > > > >10. It is understood since both NYFU and NYLXS have an overlapping > > >interest and share mutual beliefs that either party may at any time > compete > > >with any other party to this agreement as long as they abide by the > > >restricted naming conventions. > > > > > >11. It is understood that the history and origin of NYFU and also the > > >history of the nylxs.org domain are in dispute and any past statements > > >concerning the history and origin of NYFU and also the history of the > > >nylxs.org domain will have no bearing on the relations between NYFU and > > >NYLXS after the date of signing of this agreement. All official > statements > > >of NYLXS and all official statements of NYFU about the other and/or about > > >the relations between the two organizations are superseded by this > > >agreement. Any articles, publications, or statements made by NYFU > dealing > > >with NYLXS, or by NYLXS dealing with NYFU, before 13 September 2002 will > > >not have to be modified or removed or censored. Neither NYFU nor NYLXS > > >will allow any article, publication, or statement dealing with the other > > >organization written on or after 13 September 2002 to remain on its own > > >website. An article that has been modified on or after 13 September 2002 > > >will be deemed to have been written during this time frame. In any case > no > > >attacks against the other organization will be allowed to remain on > either > > >organization's web site. > > > > > >12. NYFU and NYLXS will prohibit management including board members from > > >violating any terms of this agreement. Both organizations will establish > > >disciplinary procedures to discipline any board member who violates this > > >agreement. > > > > > >We have read and understand this agreement: > > > > > >Signed By: _______________________________________ > > > > > >Signed By: _______________________________________ > > > > > >Signed By: _______________________________________ > > > > Mr. Joseph A. Maffia, CPA > > Rosenzweig & Maffia LLP > > 845 Third Ave. #1300 > > New York, NY 10022 > > 212-980-2470 x16 > > 212-980-2177 fax > > www.rm-cpa.com > > > > > > E-MAIL NOTICE > > This e-mail message, including any attachment(s), is for the sole use of > > the intended recipient(s) and may contain confidential and/or privileged > > information. Any review, use, disclosure or distribution by persons or > > entities other than the intended recipient(s) is strictly prohibited. If > > you are not the intended recipient, please contact the sender by reply and > > destroy all copies of the original message. Thank you for your cooperation > > in this matter. > > > > Mr. Joseph A. Maffia, CPA > Rosenzweig & Maffia LLP > 845 Third Ave. #1300 > New York, NY 10022 > 212-980-2470 x16 > 212-980-2177 fax > www.rm-cpa.com > > > E-MAIL NOTICE > This e-mail message, including any attachment(s), is for the sole use of the > intended recipient(s) and may contain confidential and/or privileged > information. Any review, use, disclosure or distribution by persons or > entities other than the intended recipient(s) is strictly prohibited. If you > are not the intended recipient, please contact the sender by reply and > destroy all copies of the original message. Thank you for your cooperation > in this matter. > > > > > **************************************************************************** > This message contains confidential information and is intended only > for the individual or entity named. 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