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PRIVATE MESSAGE Re: [Maury_and_Baty] Re: Dr. Bert & the Pope!

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  • Tamara
    I m sending this privately because I don t know who s on the list, and I don t want to give anyone any ideas as to how to make you go away again. I m pretty
    Message 1 of 6 , Mar 1 6:03 AM
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      I'm sending this privately because I don't know who's on the list, and I don't want to give anyone any ideas as to how to make you go away again.

      I'm pretty sure Yahoo isn't the least bit impressed or intimidated by Bert or his lawyers, LOL, nor do I think they'd fall for the copyright/trademark claim if it were made. I wouldn't. You can't trademark a person's name, nor can you restrict the right of a person to whom you send personal correspondence to distribute that correspondence as they see fit. Once they receive it, it's theirs, because you gave it to them. Furthermore, there's the doctrine of fair use, which means that you can use excerpts even of copyrighted material.

      Neither the copyright office nor the trademark office have any entries for Bert Thompson. Of course, he has a common-law copyright in what he publishes in AP, but he can't enforce it without filing it.

      However, if I had to make an educated guess, I'd say someone convinced Yahoo that certain posts constituted defamation of character and/or malicious libel. That's not so much of a stretch. As example, the "yellow" comment below is borderline libel (because you call it a fact). I've seen other comments that were legally questionable, so that's a far more likely scenario.

      However, I didn't say anything before now, because Harold specifically told me on more than one occasion that you are an attorney.

      Best,
      Tamara




      ----- Original Message -----
      From: rlbaty50
      To: Maury_and_Baty@yahoogroups.com
      Sent: Monday, March 01, 2004 7:36 AM
      Subject: [Maury_and_Baty] Re: Dr. Bert & the Pope!


      --- In Maury_and_Baty@yahoogroups.com, "Tamara" <Legal_writer@h...>
      wrote:
      >
      > I did read the early messages, and I still don't know
      > why anyone made a complaint. Was there anything in
      > particular on the old list that you feel could have
      > made you a target for retaliation?

      Well, I suppose when anyone seeks to get some responsible accounting
      from Dr. Bert, he can become a target of retaliation. I am not
      familiar with YAHOO! or with those secret sorts who have long sought
      to "get me".

      There were some indications in the communications and history
      regarding Dr. Holloway that led me to believe that Dr. Bert is really
      kinda touchy when it comes to his name/title (i.e. Bert Thompson,
      Ph.D.), and that was part of the name of the first list. It is as if
      he considers "Bert Thompson, Ph.D." a trademark or some such thing,
      and he gets really ticked off when folks use it in a critical context.

      That might have been enough to get Dr. Bert and his lawyers to get
      YAHOO! to simply delete my list and never have to tell me what the
      complaint was, who it came from, or allow me to respond in any way to
      the charges against me.

      Then again, it might have been something else entirely.

      If it wasn't for the fact that Dr. Bert and his lawyers are "yellow",
      we could at least get their official, for the record, position on the
      matter. That might not eliminate them as suspects, but it would be a
      step in the right direction.

      Then again, so would getting Dr. Bert to give us the source for his
      Maury statue claim.

      Sincerely,
      Robert Baty




      Support your local IRS office!



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    • rlbaty50
      ... Private, huh! LOL, as you might say :o) Not to worry; I didn t see anything in the message that could be posted to the list. I think the archives here
      Message 2 of 6 , Mar 1 6:39 AM
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        --- In Maury_and_Baty@yahoogroups.com, "Tamara" <Legal_writer@h...>
        wrote:

        > I'm sending this privately because I don't know
        > who's on the list, and I don't want to give anyone
        > any ideas as to how to make you go away again.

        > However, I didn't say anything before now, because
        > Harold specifically told me on more than one occasion
        > that you are an attorney.

        Private, huh! LOL, as you might say :o) Not to worry; I didn't see
        anything in the message that could be posted to the list.

        I think the archives here will also reflect that someone already
        tried to make this list go away. Fortunately, YAHOO! decided to keep
        me around. Don't know why, but glad they didn't do what they did the
        first time. Maybe YAHOO! learned better, especially considering all
        the stuff they do allow to go on.

        No, I am not an attorney; not even a CPA. I guess you are referring
        to Harold Helm as opposed to Harold Holmyard.

        Members can go to the website for the list and view the membership,
        FWIW.

        Sincerely,
        Robert Baty
      • rlbaty50
        ... Sincerely, Robert Baty
        Message 3 of 6 , Mar 1 6:44 AM
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          I wrote:

          > I didn't see anything in the message that could be
          > posted to the list.

          There is biblical precedent for that, but I should have said:

          > I didn't see anything in the message that could NOT be
          > posted to the list.

          Sincerely,
          Robert Baty
        • rlbaty50
          ... The reference to the yellow fact was given as follows from my ... Were I just making such observations out of the blue, someone might try to whine about
          Message 4 of 6 , Mar 1 6:55 AM
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            --- In Maury_and_Baty@yahoogroups.com, "Tamara" <Legal_writer@h...>
            wrote, in part:

            > However, if I had to make an educated guess, I'd say
            > someone convinced Yahoo that certain posts constituted
            > defamation of character and/or malicious libel. That's
            > not so much of a stretch. As example, the "yellow"
            > comment below is borderline libel (because you call it
            > a fact). I've seen other comments that were legally
            > questionable, so that's a far more likely scenario.

            The reference to the "yellow" fact was given as follows from my
            earlier post:

            > If it wasn't for the fact that Dr. Bert and his lawyers
            > are "yellow", we could at least get their official, for
            > the record, position on the matter.

            Were I just making such observations out of the blue, someone might
            try to whine about my use of the "yellow" metaphor (though preachers
            and the like, particularly those who don't like our President do the
            same all the time).

            So, let me reiterate one of the rules I try to follow in the course
            of such discussions. It goes to Matthew 7:1,2 and James 3:1. Our
            laws even respect such rules. That is, we can be critical of public
            figures (i.e. Bert Thompson, Ph.D. and George Bush) and such public
            figures have to meet a much higher standard of proof in order to
            sustain a charge of libel, slander, etc.

            In any case, the "yellow" issue is merely my attempt to utilize Dr.
            Bert's own standards and rules to his own situation, consistent with
            Matthew 7:1,2 and James 3:1.

            Here's the link and excerpt from Dr. Bert's website:

            > http://www.apologeticspress.org/inthenews/2004/itn-04-06.htm

            > For I truly believe that at times like this, silence is
            > not golden. It is yellow (emp. added).

            The article was written by one of Dr. Bert's boys, and he was quoting
            from yet another. However, Dr. Bert in publishing the "rule" with
            approval, and even emphasis, seems to endorse it.

            Yes, I understand that some may disagree as to when there are "times
            like these". That's nominally mentioned in the article at the link
            provided.

            I'm making my own application, however. Obviously, from years of
            experience, Dr. Bert doesn't seem to think the rules for the rest of
            us apply to him.

            Tamara, are you beginning to wonder whether Michael Jackson is going
            to come after you for starting a list using his name and allowing
            critical comments to be made about him! :o)

            Sincerely,
            Robert Baty
          • Tamara
            Did it end up on the list? OMG!!! That was completely unintentional, I am sorry. I had intended for it to go to you only, and I have no idea how that
            Message 5 of 6 , Mar 1 4:46 PM
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              Did it end up on the list? OMG!!! That was completely unintentional, I am sorry. I had intended for it to go to you only, and I have no idea how that happened. In fact, I almost sent it to the list, caught it, and changed the "to" line. Guess I still managed to mess it up somehow.


              ----- Original Message -----
              From: rlbaty50
              To: Maury_and_Baty@yahoogroups.com
              Sent: Monday, March 01, 2004 9:39 AM
              Subject: [Maury_and_Baty] Re: PRIVATE MESSAGE. . .


              --- In Maury_and_Baty@yahoogroups.com, "Tamara" <Legal_writer@h...>
              wrote:

              > I'm sending this privately because I don't know
              > who's on the list, and I don't want to give anyone
              > any ideas as to how to make you go away again.

              > However, I didn't say anything before now, because
              > Harold specifically told me on more than one occasion
              > that you are an attorney.

              Private, huh! LOL, as you might say :o) Not to worry; I didn't see
              anything in the message that could be posted to the list.

              I think the archives here will also reflect that someone already
              tried to make this list go away. Fortunately, YAHOO! decided to keep
              me around. Don't know why, but glad they didn't do what they did the
              first time. Maybe YAHOO! learned better, especially considering all
              the stuff they do allow to go on.

              No, I am not an attorney; not even a CPA. I guess you are referring
              to Harold Helm as opposed to Harold Holmyard.

              Members can go to the website for the list and view the membership,
              FWIW.

              Sincerely,
              Robert Baty



              Support your local IRS office!



              ------------------------------------------------------------------------------
              Yahoo! Groups Links

              a.. To visit your group on the web, go to:
              http://groups.yahoo.com/group/Maury_and_Baty/

              b.. To unsubscribe from this group, send an email to:
              Maury_and_Baty-unsubscribe@yahoogroups.com

              c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.



              [Non-text portions of this message have been removed]
            • rlbaty@webtv.net
              ... Not to worry! That s the sort of thing that keeps us all humble. Did I ever tell you the one about a similar incident where Gil Yoder and Marion Fox had
              Message 6 of 6 , Mar 1 4:52 PM
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                Tamara, you wrote:

                > Did it end up on the list? OMG!!!
                > That was completely unintentional,
                > I am sorry.

                > I had intended for it to go to you only,
                > and I have no idea how that happened.

                > In fact, I almost sent it to the list, caught
                > it, and changed the "to" line. Guess I still
                > managed to mess it up somehow.

                Not to worry! That's the sort of thing that keeps us all humble.

                Did I ever tell you the one about a similar incident where Gil Yoder and
                Marion Fox had some private e-mail about me that, similarly, got
                mistakenly posted to the LURlist.

                Sometimes, it seems, that is about the only way you can find what is
                going on behind your back; just wait for someone to slip up a bit.

                I'm sure I've not even scratched the surface regarding the secrets some
                are keeping from me about the Maury and related matters and Bert
                Thompson, Ph.D.

                I wish some of those folks would make more mistakes in my presence! I
                just might accidentally find out where Dr. Bert got his Maury statue
                claim.

                Robert :o)
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