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Re: [TowerTalk] AN Wireless "cease and desist" letter

To: Dave Hachadorian <k6ll.dave@gmail.com>
Subject: Re: [TowerTalk] AN Wireless "cease and desist" letter
From: Kelly Taylor <ve4xt@mymts.net>
Date: Fri, 6 May 2016 12:52:01 -0500
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
If those were the offending posts, then I'd say Dan is being a really big 
crybaby. 

I'm not a lawyer, but I can't imagine how the "fair comment" defence could 
possibly fail. 

One of the differences between our two legal systems, iirc, is here, you are 
almost guaranteed to be paying the defendant's legal bill if you lose, 
particularly if the judge finds your claim to be frivolous. 

Frivolous is one word I can think of in this case. 

73, kelly, ve4xt 

Sent from my iPhone

> On May 6, 2016, at 9:40 AM, Dave Hachadorian <k6ll.dave@gmail.com> wrote:
> 
> My curiosity got the better of me, so I looked back in the Towertalk archives 
> to try to find out what this is all about. The only thing I could find was 
> one post where Steve complained about the huge size of the concrete base 
> specification for the AN towers, compared to the competition.  Is that what 
> this flap is really all about?  If so, the letter sounds like a gross 
> overreaction to me.
> 
> Dave Hachadorian, K6LL
> Yuma, AZ
> 
> 
> -----Original Message----- From: Jim Thomson
> Sent: Friday, May 6, 2016 7:28 AM
> To: towertalk@contesting.com
> Subject: [TowerTalk] AN Wireless "cease and desist" letter
> 
> Date: Wed, 4 May 2016 21:32:31 -0700
> From: "W7ZZ" <w7zz@wavecable.com>
> To: <towertalk@contesting.com>
> Subject: [TowerTalk] AN Wireless "cease and desist" letter
> 
> 
> Second, AN Wireless has every right to protest any comments that it thinks
> are defamatory, to include the right to sue.  You have that right. I have
> that right. They have that right.  Once again, I have not read what K7LXC
> posted and I make no comment on whether it was defamatory or true or fair
> comment or whatever . . .  But I will vigorously defend the right of
> anyone/any company to protest/sue to protect its rights.
> 
> 
> Finally, I happen to know, and I bet AN Wireless knows, that K7LXC's company
> has in the past sold (and may well still sell, I don't know) a competing
> similar freestanding tower product, so they might view his comments as a
> competitor a bit differently than comments from Joe Ham who just put up a
> tower and is "reviewing" it.  Since I have not seen K7LXC's original
> posting, I don't know whether this was disclosed.
> 
> 
> 
> 
> 73, Doug W7ZZ
> 
> ##  so what u are saying is no one has the right to bad mouth a product ?   I 
> dont see
> Mosely  sending out cease + desist letters, nor MFJ, nor anybody else.   This 
> is the 1st time
> I have even heard of a ham radio supplier  sending out a notice. Heck, its  
> 2016..and nobody
> builds a balun correctly, maybe 1-2 at most.   If the folks who make  sub 
> standard products
> or dont have it...quite right, started actually listening to the end users, 
> they could use that feedback
> to improve their products.   I dont see  QST /ARRL getting any cease + desist 
> letters. The last time
> collins radio ever advertised in qst was the same isse that QST trashed their 
>  KWM-380  xcvr.
> 
> ## K7LXC  does not sell a competing product.  LXC sells the Trylon titan 
> towers, which in no way
> are even comparable to the AN wireless towers.
> 
> Jim  VE7RF
> 
> 
> 
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