Theos-Talk Archives (November 2006 Message tt01182)

I am wondering if some attorney may be interested in taking the case on
contingency basis in view of the deep pockets of the opposing parties
especially if there is good evidence of  wrong doing regarding the copyright
issues. Of course if there is a strong case, the attorney has to fund the
litigation expenses upfront and can recover them out of the funds won by the
litigant.

In the british legal system generally followed in former colonies of
Britain, contingency litigation is not permitted whereas it is widely used
in the US.

mkr

On 11/25/06, samblo@cs.com <samblo@cs.com> wrote:
>
>   Dr. Tillett,
> Thanks so much for your response and comments they are appreciated. I
> stand corrected on my misunderstanding and thank you for posting the
> additional
> information to assist myself and others here to understand the situation.
> With
> you kind attention may I ask in regard to the current post.
>
> 1. Is it possible for you to elaborate on:
>
> >>threatened by actions taken by Dr. Algeo and others on his behalf.<<
>
> Who were the others you refer too and what nature were their actions?
>
> >> I subsequently wrote again ? and eventually to all members of the
> Committee involved in he proposed publication for whom I had contact
> details ?
> informing them that, if the original conditions required by the family
> were not met,
> any use of
>
> John's work, directly or indirectly, would be in breach of their
> intellectual
> property rights. No member of the Committee acknowledged, let alone
> replied
> to, that correspondence. A letter was received from a firm of attorneys in
> the
> USA appearing to claiming, with John's death, no rights existed.
>
> <<
>
> This is a substantial issue as a thread on the Forum. You state none of
> the
> Committee Members replied to this formal communication. Who was the Chair
> Person of the Committee? Was the Committee free to take it's own decision
> independent of Algeo or the Organization? Could individual Members of the
> Committee
> respond individually by letter to you on an issue such as this? Daniel has
>
> stated here that during the entire undertaking he was in regular
> correspondence and
> communication with you. Daniel should make clear in this particular
> circumstance what took place from his Committee position and perspective
> and knowledge
> of your letters to the Members of the Committee to help amplify
> understanding.
> I presume they all or at least some have retained your letter. also there
> must the "Minutes of the Committee" still around as a record of the
> proceedings
> on the matter. Who was the Secretary? Could the Organization overrule the
> majority recommendation of the Committee and take actions opposed to it's
> advice?
>
> 2. What was the name of the Attorney Firm and where were they located at?
> Were they the contracted Legal Advisors for the Organization? Or were they
> only
> representing Algeo. Was this law Firm an agency that specialized only in
> literary property issues? Dallas had a lifetime of Publishing experience
> do you mind
> if I inquire what if any genuflection's he might have had about this issue
>
> and his advice to you?
>
> What was the position of the U. S. Attorney in this matter if you recall?
>
> I completely agree with your positions about the morality of unconsented
> use. So it seems that there could have been Legal recourse but due to cost
>
> considerations it was abandoned. That is a shame, but I know it happens
> all the
> time where money is the pivotal decision basis for action. I can't help
> wondering if there are not powerful Literary Property Associations
> Worldwide that are
> Advocates in such circumstances?
> Do you plan to publish all this and show all the actual correspondence and
>
> other particulars that would educate Theosophists on what has taken place
> in
> Coopers case?
>
> I once served on a committee that was central to decisions on millions of
> dollars per annum and when things turned the wrong way due to the
> Chairmans
> fiduciary ambitions the only the only thing I could do was make other
> organizations aware so they could effectively block the wrong actions and
> resign my
> position as an Officer.
>
> But notwithstanding the information as I now understand with your kind
> assistance I am still not convinced that Daniel Caldwell himself should be
> accused
> as a "Thief"
> by anyone as he received no benefit or gain, and his hand was never the
> hand
> that grasped the literary property and he also has publicly stated here
> that
> he agrees with your position on Cooper then and now. Nothing substantial
> passed
> into his direct possession or benefit what action is he then accused of?
>
> Best regards
>
> John
>
> [Non-text portions of this message have been removed]
>
>  
>


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