|FROM ||From: "Adam Kosmin"
|SUBJECT ||Subject: [hangout] WindowsRefund.net - Toshiba update and request
|From owner-hangout-desteny-at-mrbrklyn.com Thu Apr 24 10:06:22 2003
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Date: Thu, 24 Apr 2003 09:56:35 -0400
To: hangout-at-nylxs.com, red-cap-list-at-redhat.com, lhausner-at-yahoo.com, lo+gnubies-at-eskimo.com
Subject: [hangout] WindowsRefund.net - Toshiba update and request
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From: "Adam Kosmin"
Reply-To: "Adam Kosmin"
List: New Yorkers Linux Scene
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Just thought I'd post a quick and dirty update on last night's
events. For those that do not already know, last night I
appeared in Queens County court to continue my small claims case
against Toshiba America Information Systems (TAIS). While no
resolution has been reached to date, I can tell you with
complete confidence that TAIS is in this for the long run (as am
I!) and they do not intend to budge an inch. Neither side is
willing to go to arbitration and will stick it out so that we
can make our case to a Judge. I for one, am not willing to give
up my right to appeal the case in the event of an unfavorable
decision. The case has been continued for Tuesday, May 20, 2003.=20
Last night I saw a few interesting things. For starters,
Toshiba's lawyer was joined by two high level representatives of TAIS. I
expect that they will be called upon to testify down the road.
The playing field has changed. What was previously a 1 on 1
confrontation, is now 3 on 1.
Furthermore, I happened to notice that TAIS' lawyer had a
printout of WindowsRefund.net and had highlighted a few sections
of the site's homepage. Obviously, one doesn't have to be a
detective to understand that their strategy is to simply try and
overwhelm the court with every non-relevant aspect of this case
in an attempt to steer clear of the fundamental argument. It
should be interesting to see if this simple refund debate is
morphed into a freedom of speech debate.
In any case, I promised myself I'd keep this short. I am hoping
to connect with people that are prepared to come forward and lend some res=
to this struggle. I think there are quite a few people in this
group that understand the problem(s) that this case is trying to
correct and I would like to know who I can rely on to present
their views as a witness. Additionally, I'd like to ask that
anyone who has a connection with a lawyer that would be willing
to take on this battle (pro-bono), make an attempt to put me in
touch with them.
We have a tremendous opportunity to take hold of what SHOULD be
"low hanging fruit" here. I am confident that I have a strong
case and am committed to seeing this through to the end.
However, I'd like to stress that if I am beaten in court, it
will not be because the claim is not valid, it will have been
because I was not able to convince the Judge. Realizing the
potential impact of this case, I feel that it is my obligation
to put a call out for any and all assistance.
Please let me know how you can help fight a good fight :)
"Silly hacker, root is for administrators"
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