MESSAGE
| DATE | 2003-07-22 |
| FROM | Ruben Safir Secretary NYLXS
|
| SUBJECT | Subject: [hangout] Meeting Disruptions
|
Results of Tonghts Negotiations with Brett Wynkoop and Jay Sulzburger
Jay and Brett showed up at Joe Maffia's Office. Brett arrived over 2 hours late. From the board was Joe Maffia, Marco Scoffier, Michael Richardson and myelf, Ruben Safir.
I started the meeting by explaining the terms of the argeement which was worked out by the board the night before. It was explained that the agreement was 3 parts. The parts included the definitions, our testimony and their testimony, as we could produce it from their statements and agreement. It was explained that the last part is the settlement. It was explained that no part of the testimony was any admission of guilt by either party, but only outlines dispute as seen from both sides.
We then tried to move forward to the settlement and I gave an example of the an apology which I was willing to give Jay and Brett after the agreement, as an incentive to reach argeement.
Jay then proceded that the apology was of no importance whatsoever. What they wanted was simply the end of what Jay calls vicious attacks on our part. They rejected our fair and extenssive agreement and insisted to focus on their write up. Their writeup would be a complete gag order of the organization, and would insist that NYLXS should lie and say we are pleased that Brett is cybersquatting on the NYLXS.org domain, and abusing the NY Fair Use brand and domainby forming their splinter group and incorperating NY Fair use as a non-profit 2 weeks ago to try to establish a better case for themselves. Of course, the organization would not agree to this.
But we proceded to use Bretts agreement as a template anyway. Joe Maffia tried to protect our trademarks with a standard legal clause expressing that nothing in the agreement supercede the rights of NYLXS to it's trademarks, copyrights and other legal rights. Jay and Brett refused to agree. We then moved to part one of Bretts agreement. Part 1 stated:
1. The Board of NYLXS, Inc. thanks Brett Wynkoop for helping with Net connectivity of NYLXS, Inc.. NYLXS, Inc. thanks Brett Wynkoop for holding the nylxs.org domain on its behalf from 17 July 2002 to the date of this agreement.
Brett refused to move off this section. We explained to him, that if he objected to the testimony part of the agreement set forth by NYLXS, then that this section, which would not form any usable aspect to reaching a useful settlement would simply be allowing them a personal testimony the settlement part of the of the argeement without equal time. Brett then insulted NYLXS, and Ruben personally, and claimed he had been doing no damage to the organization while we have been maliously attacking him.
The negotiations then broke down.
Ruben then told them they can obviously have no desire to come to an agreement, and they're squating on our domains and our group, he told them they could 'fuck themselves' we're taking it to a lawyer. Jay took the apology, which he previously said was useless, and then said, ?then what's this, a lie??. Jay then smiled and put the apology agreement in his coat pocket. Jay then claimed that they have testimony which is going to 'Blow NYLXS up' including testimony from Lynn Ohara and papers from Seth Johnson.
Ruben told them to stop threatening us amd to just do it. Make all your acsations now. Ruben Challenged them to come up with whatever they want.
Jay had made this threat previously but continually fails to be forthright in bringing any new items or complaints to the table.
And then Brett and Jay left.
NYLXS made a very fair agreement and we are offering it on the website for public inspection, as well as the Wynkoop offer. We think the two agreements stand in stark contrast in honesty and in term of the parties attempts to reach a compromise. It's clear from the documents, that NYLXS offered a fair deal, when we had no need to since we have all the legal rights to NY Fair Use and NYLXS. In addition, the agreements will make clear plainly the level of extortion which Mr Wynkoop and Mr Sulzburger have resorted to, in holding NYLXS's rightful Trademarks and Copyrighted works hostage.
NYLXS would highly encourage interested parties of the New York City Free Software community to review the primary documents themselves and draw their own conclussions about the behavior of all the invididuals involved in this dispute.
The agreements are located on the worldiwde web at these adresses:
NYLXS Settlement:
http://www.nylxs.com/settlement/settlement.html in HTML
http://www.nylxs.com/settlement/settlement.sxw
in Open Office Format
Brett and Jays agreement in Open Office format
http://www.nylxs.com/settlement/brett&jay.sxw
http://www.nylxs.com/settlement/brett&jay
in text format.
In the meantime, NYLXS is going to implement parts of the agreement we offered including the areas which will force a seperation of NYLXS's organization and Brett and Jays splinter group.
Ruben Safir
President NYLXS
March 13th, 2003
--
__________________________
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
----- End forwarded message -----
--
__________________________
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
|
|
