View Full Version : What are the odds?
Soulfly3
May 1st, 2002, 01:14 PM
Perhaps if TTRK, GS@, or any opther mod can answer this plain and simple. What do you think our chances are in Ont. of having the injunction extended until another court date to settle this whole mess? Do you think because we were given the injunction in the first place, we have a good/better shot of it being granted?
Seeing how we all that it would be a miracle that we would lose at the SC of C, should we just hope for a miracle to get it our way?
BTW: I am sooo out of money right now, but later this week, Im going to go sell my guitar and amp, and donate the cash to the fund. Its the least I can do to at least try and regain our freedoms, now, and for the future.
Thanks
morgana
May 1st, 2002, 03:23 PM
There are no garantees that we will win anything without a tremendous effort our side. Expressvu is planning to intervene May 7 2002, in hopes of getting this injunction removed. While the lawyers were optimistic that we will get it extended, they also said it would still be a fight.
To all of us who have been around this from the beginning, this seems so easy to see where our rights have been trampled on, but try to explain it to some one who knows nothing about it, then it is not so clear. Believe me when I say the crown and Expressvu will be there to muddy the waters as much as they can. So if you want a garantee, the answer is "can not say for sure", but yes things look like they will go our way for now.
Your donations will also be a good thing as this is going to be costly. If the end users would donate just what one month of premium service would cost, we would be in much better shape. The trouble is everyone will say their are going to donate and few ever did, in the last fund drive. This is a time when it is ---- or get off the pot. Sorry if it sounds coarse but without support, there will be no brighter day.
To The Real King!!
May 1st, 2002, 11:54 PM
Hi Soulfly3.
It is very generous of you to sell equipment but you are doing it for the BEST reason you could possibly have. To save your RIGHTS is the most important thing of all. Its a shame that these government ----s force you into this position but I do admire your doing it.
While there are no guarantees with these matters the principle being followed here is as follows.
Jack wants to buy DirecTV® and he has 500 customers who also want to buy their signal and receive it. So Jack decides that he will fight for his rights and those of his customers to be able to obtain the expression that they want. But if we stop Jack and all his customers, make them illegal and seize their dishes, of WHAT USE will a win be to Jack when he now has no business to go back to. So the "test" here is that of the "balance of convenience."
Is it more convenient for Jack to lose all his business if he wins or is it less convenient to keep the status quo as it has been since 1994 and allow jack to continue to be in business until a court can hear this "Charter Challenge" and make a final determination. Since BEV has operated against American receivers since the very beginning and since many courts had ruled that jack was right and these DirecTV® receivers were permitted, wont Jack suffer MORE if he is denied the right to continue his small business.
If its determined in Jacks favor then nothing has been lost. If it is determined in BEV's favor then Jack will HAVE to stop at that point and BEV will have the market to themselves.
That is the test "the balance of convenience" that the court is supposed to decide on for the continuation of the Injunction to allow Jack to stay in business.
Which way do you think it would go if there is a fair ruling on the issue?
That is the part that we cannot be sure of but it has been my experience that the lower courts have been the fairest courts and the LEAST to accept government agendas. Frankly ONLY the Federal court (in Norsat II) and the Supreme Court of Canada have ruled with a political agenda. The other courts have been very fair.
What we NEED to do is get the Public annoyed so that the government will understand that this will cost them the next election. But with no opposition is that credible.
Sorry guys but that's how I see it so we HAVE to get the public screaming and some other Political party understanding that they can get good mileage out of this issuehttp://www.legal-rights.org/images/ttrk.gif
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Thanks & Good Luck,
To The REAL King!!
Freedom has nothing to fear from the truth!
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