Re: The latest Brinkle in my life

["Roland Moore" <nospam@xxxxxxxxxx>]

"Frank Olson" <use_the_email_links@xxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:MQbXi.175200$th2.85873@xxxxxxxxxxxx
> Just Looking wrote:
> > It seems that your monthly payment to your ISP is not enough to risk
them
> > suffering a legal bill of several thousand dollars for protecting your
> > interests.
>
> I'm beginning to wonder if perhaps "they" aren't exercising a little
> "intimidation" here, too.  Seems to me that they had plenty of time to
> provide me with the name of their legal council.  And they still haven't
> detailed the supposed TOS violation.

I think that Brinks legal council is thinking ten to fifteen moves ahead of
everyone here. Additionally Brinks has been the one running the legal show
so far. Since no one has squared off with Brinks and done a good discovery
motion, no one has seen what this guy's strategy really is. I don't know if
he has thwarted some cottage industry of renegade alarm dealers picking off
Brinks accounts and reprogramming them or not. He could have some bigger
payday in mind by hitting the monitoring stations etc. for participation in
all this. Generally when a guy like this gets involved, there is a bigger
payday in mind than anyone posting here could offer him. There was no need
to go thermonuclear and roast Jim in court. I am sure he has worked with
bigger egos in his time and could have crafted a solution that Brinks and
Jim could live with. Brinks has the skill and power to hammer someone like
Jim, but not the wisdom to know it's not in their long term interests to
make such a bloodthirsty move? Not likely. It still doesn't make any sense
to me.

> > And I hear this guy may not like SLAPP suits?
>
> According to the definition, this doesn't qualify as a "SLAPP".  I'm not
> a member of any environmental movement (that I know of), or aboriginal
> group.  I drive a 2007 Aviator.  I fill the sucker before I leave Maple
> Ridge and fill it again when I get to Vancouver.  I figure I'm a major
> contributor to green-house gas.

I wasn't talking about a literal SLAPP suit. However the concept is similar
enough. Once Jim wasn't playing ball, Brinks heads into Federal court with
all its associated expense. It certainly is having the same effect on your
ISP as a SLAPP suit would.
>
>
> > Seems like he could
> > teach a fat sack like me a few things about throwing his weight around.
>
> ISTR you've only got a 40 inch waist.  That's not "fat" in my book.

My son and my doctor disagree unfortunately.

>
> > After all, it is only about winning at this point.
>
> He's already "won" against Jim.

Technically yes, but Jim hasn't yelped his last bark and admitted defeat. It
seems he sees this as just a setback of sorts.

> > I don't think these guys
> > are looking for any lessons, especially on subject they seem to care
little
> > about, things like fairness and justice for instance.
>
> I think Mark may have lost his way (or strayed from the path a bit).
> Seems all that money Brinks has at their disposal has a numbing effect
> on the "fairness and justice" lobe of his brain...

I think the fairness and justice gene was breed out some time long before
law school.

> >? I think that you'll be
> > forced into taking some expensive and onerous actions against Stinks to
push
> > this any further.
>
> Actually, it won't be all that expensive.  There are some filing fees
> and court costs, but I figure they're recoverable.

It will be easy for Brinks to gin up the costs on your end. I think you
shooting in the dark since you really don't fully understand with absolute
certainty what his goals are. To Brinks you may be a minor form of
collateral damage.

> > Someone really has their teeth in this one, and is
> > looking to really chew things up.
>
> And I have the "dental appliance" to really gum things up.  :-)

If you found gold or won the lotto I am sure you could hire him away from
Brinks. If that isn't that case, I doubt there is much that you can do to be
anything beyond annoyance and minor distraction. The idea that you'll
recover legal costs is a dicey one at best.

> > Brinks like all things has its share of
> > enemies.
>
> I don't think Brinks has ever had the kind of enema I intend to give
them...
>
>
> > I assume they know who those enemies are and don't think there is
> > much harm the enemies can do.
>
> Well...  there's "enemas", and then there's the kind that just make you
> want to "evacuate" everything...  Remember that scene in "The Right
Stuff"?
>
I think Brinks has the key to the elevator.

> > If you try and face Brinks by yourself you
> > might not last as long as poor Jim did.
>
> ????
>
>
> > I strongly suggest getting some help
> > form as many quarters as you can.
>
> I've got the support of my family and a number of others.
>
I was suggesting that you have other allies that feel in some way threaded
by Brink's actions. Again, not knowing exactly what he is up to is not
helpful in lining up additional help.

> > I don't think these guys are going to be
> > happy with just shutting down your access to an ISP to host your site.
>
> So far, that's ALL they've been able to threaten me with.  All based on
> innuendo, false claims, and lies.  Sableman has yet to respond to my
> email.  Maybe his "spam filter" had something to do with it.  I intend
> to follow up via FAX on Monday.

Perhaps sending something to the head of Brinks and then getting your lawyer
to send a copy to legal council for Brinks may be more effective to see what
level the interest is in all this. It may be that a phone call from the top
causes the plug to get yanked on all this.
>
> > I
> > would expect more trouble with them than just this. A little offense
here
> > might be a good defense.
>
> My thoughts exactly.