Repeater Group Lawsuit

hob·by1
ˈhäbē/
noun

1. 1.
   an activity done regularly in one's leisure time for pleasure.
   "her hobbies are reading and gardening"
   synonyms: pastime, leisure activity, leisure pursuit; ....

 

Guys:

I don't have a dog in this fight and I try to avoid politics and drama
at all costs in my hobby, but this link was forwarded to me, I found
it enlightening, and thought you guys would also be interested in
reading it:

http://www.legal-nc.com/BryantPRNNotice.pdf

Tom

 

If the statements made by NC PRN were false and mis-leading -- and the court would know since they were involved in the previous proceedings -- then Bryant has suffered substantial additional damage SINCE, he has a case, and NC PRN is screwed. The damage since is probably greater than the damage before NC PRN's public outcry.

If this stuff is so, I am guilty myself of taking the bait...

 

Thanks for posting that, Tom. When a lawsuit creates bad publicity for the plaintiff, it's pretty common to see these kinds of "to whom it may concern" letters by their attorneys hoping to convince everyone how it's really the defendants who are "continuing with the lawsuit". In other words, attempting to defend themselves instead of surrendering as the plaintiff had hoped. I'm proud to donate to this: https://www.gofundme.com/ncprn

 

I long for the old days before the internet...I guess I
am getting old.

Back in the day we used "Beer Diplomacy" for local disagreements.

Beer Diplomacy goes like this:

So I did or said something to irritate or make you mad.

You would call me up on the phone and tell me so.

I would then say, hey guy let's meet for a beer and discuss this like gentleman.

We would meet over a beer at a local restaurant or pub.

8 out of 10 times we would work it out over a beer.

The other 20% we might not agree but at least we both saw both sides
and 99% of the time we would agree to disagree, shake hands and we both would walk out
still feeling better about the situation.

Beer Diplomacy worked back in the day. These days ...well.....

Like I said...guess I am getting old. (Or Old Fashioned as my wife says)

 

It is easier to hide behind a keyboard than a beer bottle now a days.

 

In my old days it would take 8 to 10 beers ... I think you've got it a bit backward!

 

I don't call that kind of beer 'beer.'

One good beer and both sides win.

 

You really want this to go to trial? Upon entering the Battlefield, one must be prepared to lose as well as win, Jurisprudence favors a compromise. As an Unincorporated Body, the PRN group could be found liable and the individual members could then each be found in default because several items are in play here,

1. Repeaters belong to the Individual who may decide who they want on their site, BUT
2. Linking happens over the public telephony system, Not Amateur Radio. Could be Interesting to see if
Commercial Interests take note, does part 97 extend to switched networks.
3. Too many John Does in play.

Repeater Wars end badly and most folks fold rather than fight the BS. I suspect this one will end trunked radio without a Corporate Body and set of rules.[/QUOTE]

 

Are they public telephony lines, or private networks?(/QUOTE)

 

§97.113 Prohibited transmissions.
(a) No amateur station shall transmit:
(3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on
behalf of an employer, with the following exceptions:
(ii) An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus
normally used in an amateur station, provided that such activity is not conducted on a regular basis.

 

Are the Links totally private on Amateur Freqs? At our locations here they are Internet/Telephony.

 

Did he sell over the air? Did anybody record this? Is it sour grapes over him being a Motorola Dealer? Interesting legal joust, I do say this could turn up the heat on Repeater Groups. Interesting issues raised. The FCC usually does not get involved with the issues and litigation. Lets see what develops!

 

I guess you've never been to court. This would be submitted as part of a motion citing a precedent or ruling of a governing body having greater jurisdiction

 

Ken Bryant filed this lawsuit after he was asked not to use the linked System because he was observed contacting radio operators
over the air in order to sell radios for his business, North Georgia Communications.
If Ken Bryant contacted amateurs regarding the sale of equipment on a regular basis, he would be in violation of Part 97.
Submit a motion for Summary Judgment and cite the ruling of a governing body with greater jurisdiction, (i.e. "the Feds").
Case Closed.
An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus
normally used in an amateur station, provided that such activity is not conducted on a regular basis.