Silver
State News Service Official Response
In Brief:The First
Order of Business is that the document above was
received by Silver State News Service on April
28, 2004, at approximately 5:00 p.m. PST (1700Z
for my fellow Combat
Journalists and Foxhole
Librarians out there...)
after having been mailed on April 26, 2004.
The policy
of Silver State News Service is to acknowledge
any way, shape or form, of "service" of
a legal document, whether that service be
incorrect, illegal or legal. SSNS shall respond
every time without fail -- as long as the
document makes it to our hands, which this one
did.
SSNS is
posting that fact here since the document is
identified as "Certified Mail" in bold
lettering, but was not received
"Certified" nor was there the customary
return receipt for the Editor to sign for.
Therefore, Watson & Rounds would have no idea
that I received the document without the proper
return receipt green card.
Posting of
this document here is done so as Official Notice
to the Watson & Rounds Law Firm that SSNS and
its Editor, Mark S. "Bear" Daniels, are
in receipt of this document at this time.
The World
stands by as witness to that fact, plus our
undying faith in Attorneys and our Honesty
in acknowledging a document we could easily have
ignored.
<Sound
of crickets chirping, frogs croaking, madman
laughing off in the distance>
Now, down
to brass tacks.
The Official
Position of SSNS in regards
to the complaint by the Reno Air Racing
Foundation (RARF), as made through Watson &
Rounds, is that this action on the Client's
part(s) is nothing more or less than pure
harassment by the Board of the RARF, which
includes members currently facing charges in the
Water Works Scandal case, plus RARA and the AAWC.
The letter's content, in regards to the
accusations made, is rubbish.
All
allegations are denied,
particularly since they represent a lie. The
conduct of the Law Firm, should this matter
proceed to Court, is in the presentation of a False
and Frivolous Case with
ulterior motives.
More
importantly, Silver State News Service and its
Editor have seen this very type of harassment
utilized against members of the Press Corps in
the past, to instill fear and intimidation in the
ranks in order to control and manipulate
reporting, and SSNS is not about to put up with
this nonsense at this or any other time, nor kow
tow to violators of the First
Amendment Rights of the Press
and the Public's Right to
Know.
The Reno
Air Race Foundation (RARF)
has no case, just like its parent organizations
(RARA/AAWC) and their officers have no response
to the charges made against them by the
Plaintiffs in the Water Works Case, nor a
response to the questions and charges put forth
by this online publication in that case and RARA
vs Parker.
SSNS
believes that a Judge and a Jury will see right
through this attempt, at Local, State and Federal
Levels -- and that's in regards to the many
places where this matter will be heard, and
further, SSNS rejoices at the opportunity to be
placed in a Defensive position in that:
1) all
records of the AAWC, RARA and the RARF will come
under scrutiny as a result of the conspiracy
issue (Board members of AAWC are on the Boards of
RARA and the RARF) and
2) the
fact that a case is ongoing against these
Organizations, their leaderships and their
agents, a factor which will be viewed by Judges
and Juries as a motivation for this already false
and frivolous case, and;
3) the
fact that Silver State News Service and its
Editor have been highly critical -- in Public --
as to the misconduct of the Organizations and
their Officers, something that SSNS believes will
be viewed by Judges and Juries as an additional
motivation for this already false and frivolous
case.
In other
words, as previously mentioned, AAWC, RARA and
RARF have an ulterior motive
for making these allegations. That will form a
portion of our Defense in order that SSNS may
seek severe sanctions, fines, punitive damages, a
State Bar complaint and General Relief, above and
beyond actual damages.
Further,
SSNS and its Editor believe that the documents in
the Links, Documents & References Section
Fall under "Fair
Use" in that:
(1) The documents are pertinent to
an ongoing Court Case with ramifications that
affect the Community known as the "City of
Reno" as a whole, and the Worldwide
Community known as "Air Racing" as a
whole and;
(2) The documents are subject to
reference in Silver State News Service Editorials
and Articles criticizing and critiquing (aka
"Comment and Criticism") the operations
of the AAWC, RARA and RARF and;
(3) SSNS views the use of the
documents as an attempt to educate the public,
other members of the Press and Legislators, among
many others, about the organization(s) that we
are talking about and their dubious activities,
and we have no intent to use the document
artistically or infringe on copyright, but
rather, "Fair Use"
the document to put a face with the organization
in question, the RARF.
(4), the documents in question (PDF
files) are subject to reference in
"Parody" (the holding up for ridicule)
of the Keystone Cops
operations of the AAWC, RARA and RARF.
"Fair
Use" must
be taken into consideration in matters involving
"Copyright and Trademark Infringement."
The Law Firm knows that. Period.
The Law
Firm and their Clients just seem to think I don't
know that.
Silver
State News Service's position is this:
The
perpetrators have a seriously
bad argument. Their
Attorneys mention only
Copyright and Trademark, but not Fair
Use, so they fear
those clauses which permit us to post the
PDF documents and the Lawyers along with
their Clients are deliberately trying to
avoid the "Fair Use" issue.
Further,
of their points and authorities, the
items they cite are taken out of context
of the overall document in which they are
found. In other words, the charge is a
lie, the Points & Authorities only
represent a halve-truth -- not the whole
truth, which is the same as a lie in
regards to The
Truth, the Whole Truth, and Nothing but
The Truth -- and
the Press as a whole, have rights that
Watson Rounds makes no mention of, i.e.,
Fair Use, though if
they know anything about Copyright, then
they know "Fair Use," too!
The
perpetrators of these lies have to depend
on their overly-optimistic
belief
that I have no knowledge of Copyright,
Trademark Infringement or Fair Use
in the Law. They are seriously in error
as a result.
The
very mention of the words "Fair
Use" may not
be enough, so let me leave Watson
Rounds with this:
Chapter
15, United States Code, Section 1125, False
Designations of Origin, False Descriptions and
Dilution Forbidden, Item 4
(C).
That's
just a sample. To get the rest, Watson Rounds,
RARF, AAWC, RARA, Doc, Dopey, Grumpy, Sleepy --
just face off with me in Court.
A larger
sample of Points &
Authorities will be
incorporated in the SSNS "In
Depth" version of this
article, because there's certainly plenty more to
cite in the form of Points
& Authorities than what
the Attorney from Watson Rounds indicates.
There's no way that Silver State News Service's
presentation of those documents can be
misconstrued or confused by the Public as either
support of SSNS by RARF or vice versa. Anyone who
reads SSNS knows how we have felt about AAWC,
RARA and their scams, since August of 2003.
You Boyz
and Girlz take your lies into Court, and we'll
just see what happens there. This ain't CBS, nor
is it AAFO.COM.
We don't kiss
ass here at Silver State
News, we kick it!
And thanks
all of you for making my job
easier once again.
Since
AAWC/RARA/RARF are all one organization in the
collective mind of SSNS and its Editor, the
conduct of all factor into this case --
particularly in a "Defense" against
your lies -- and I find it so much more easier
and palatable
to supboena the Public Record than to have to pay
your corrupt clients for it!
I guess sales of License Plates didn't go to
well. Maybe it's time you started
Making some before you get
to try and sell them.
Hope you
get the gist
of that last statement.
Remember:
"When
you put the cart before the horse, hang the
license plate on the horse."
-- Mark S. "Bear"
Daniels
Having
Acted Accordingly and having no further
questions...
Sincerely,
Mark S.
"Bear" Daniels
Editor
Silver State News Service
www.silverstatenews.com
Defendant:
Reno Air Racing Foundation Inc v. Daniels et al
Tel:
1-818-780-8952
mdaniels2002@sbcglobal.net
imagesof@hotmail.com
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