Re: Open Letter to Brinks over Tech-Man

["Robert L Bass" <RobertLBass@xxxxxxxxxxx>]

> ... I wonder if we would all as dealers who subscribe to Jim's
> services have grounds for a tortious interrferrence lawsuit against
> Brinks...

Unfortunately, no.  There's no tortious interference involved since
they're not attempting to take you away from a contract with Jim.
They're enforcing their intellectual property rights and their
patents.  I happen to believe that what Jim is doing is not a
violation of their patent, but that's a matter for the court to
decide.

> After all they deliberately and willfully with knowledge and
> forethought interferred with ALL of the services Jim provides.

It may seem that way but what they did was notify his upstream
provider that the site contained copyright protected material.  The
UP then shut it down.  Jim can move to another provider but they can
go after him again, playing Whack-a-Mole with his website.  His best
option would be to remove the disputed information from his site
until the matter is resolved.

> Based on the circumstances surrounding this deliberate and willful
> act I would infer malice as well, although that would be difficult
> to prove.

The malice is apparent enough, but it's not directed at you.  Brinks'
lawyers are going to do everything they can to destroy Jim because he
had the audacity to speak the truth about their crap products.

> As a paid subscriber to Jim's download services I feel that Brinks
> has attacked me and my business personally.  As I have never taken
> over a Brinks panel, handled a Brinks manual, or talked to a
> current Brinks customer that I am aware of I can only voice the
> opinion that this is a malicious and unprovoked attack against
> myself personally and my business.

It's business as usual for Brinks.

> I know for a fact that Jim has specific permission to provide
> copies of many of the manuals on his site because we were all here
> putting pressure on many of those mfgs to continue to allow it a
> few years back.  I would assume that he has permission for all of
> his manuals provided except Brinks.

Probably so, but that makes no difference in the eyes of the law.
It's analogous to telling the judge, "But your honor, I only robbed
that one bank.  I never bothered any of the others."

> Its my understanding that Brinks manuals have been removed...

Probably, but that wouldn't stop Brinks from trying to shut him down.

--

Regards,
Robert L Bass

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Bass Home Electronics
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4883 Fallcrest Circle
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http://www.bassburglaralarms.com
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