ANNOUNCEMENT!
From this point on (beginning November 26, 2001), all donations will be listed as "Anonymous" unless you specifically tell us to list your name. As Mr. Novak is attempting to amend his lawsuit, adding even more aquarists, we feel that this step needs to be taken for the protection of all of you who are supporting our efforts.
|
From John Benn
 If you donate $10 to the Defense Fund, you can get a quart-sized bottle of UltimateTM from AquaScience Research Group, which will donate $1 to the Defense Fund. (Limited to the US) For more info about UltimateTM, Click here.
If you wish to contribute by credit card or PayPal, please visit the web site at http://www.paypal.com. The email ID for contributions is
psw-DefFund@petsforum.com
|
A group of aquarium hobbyists who frequent the Internet Aquatic Plant Digest have been sued in Federal Court for $15,000,000 by Robert Novak d/b/a petswarehouse.com. The lawsuit was filed in the U.S. District Court for the Eastern District of New York. All of the defendants reside outside of New York. The lawsuit involves allegations of defamation for certain messages that were posted to the Aquatic Plant Digest.A number of the named defendants have no liability insurance which will cover this lawsuit. As New York is one of the most expensive jurisdictions for handling litigation, a special defense fund has been set up to help defray the legal expenses involved in the lawsuit. It is estimated that preliminary legal expenses will run about $15,000 for the group. If the case proceeds to trial, attorney's fees and expenses will run upwards of $50,000.To date a number of fellow aquarists who are also attorneys have volunteered their time on a pro bono basis. The defendants will still need to retain local counsel to defend them in the lawsuit.
This is a special request for financial assistant to aid in the defense of this lawsuit. All contributions are important no matter how large or small. If you would like to contribute to the defense fund, please send your monetary contribution (check, money order or bank draft), payable to "John Benn, Trust Account", Law Offices of John R. Benn & Associates, 104
|
Use this form to contribute to the Defense Fund through PayPal
|
West Third Street, Sheffield, AL 35660. All contributions will be acknowledged. A special web page listing all contributors by name or initials will be established shortly. Your contributions may remain anonymous if that is your choice, but please note it when you send in your contribution.If you wish to contribute by credit card or PayPal, please visit the web site at http://www.paypal.com. The email ID for contributions is jbenn@jblaw.org.
If you are interested in learning more about this lawsuit, the individual aquarists who have been sued, or the latest litigation news, please visit CompuServe's Aquaria/Fish Forum at URL http://go.compuserve.com/fishnet. If you are interested in contributing any professional services to the defense effort, please contact John Benn at jbenn@jblaw.org.
Please feel free to distribute this notice to other aquarists, hobbyists, pet lovers and all those you think feel strongly about defending the issues at stake. on behalf of the defendants in this lawsuit, I express our collective appreciation for your contributions.
John Benn
From Steve Dixon
I am pleased to report that our local aquatic plant club, The San Francisco Bay Area Aquatic Plant Society, has determined to match individual member's contributions to the APD Defense Fund up to a certain amount. What I like about the idea is that it is a wonderful way to extend a series of small contributions in a very meaningful way. It is just a delight to see all the ways folks are finding to help out.
In that regard, let me say that I judge Novak of PetSwarehouse to be a determined individual. Quite recently, he made some very strong comments to the San Francisco television reporter who is preparing a story on the suit. While I strongly believe that the defendants will prevail on the merits of the case and the quality of their legal work, it is quite possible that Novak will pursue the case aggressively over an extended period. So I urge you all to continue to offer your support to the defense effort. Every little bit helps. It's going to take a sustained group effort to get this to come out right IMVHO. And of course, let's not buy any products from retail businesses that sue their customers.
Now, if you will, please indulge me in the following digression: I was quite touched by the email note Kwek Leong posted yesterday morning and it got me to thinking . . . (always a dangerous circumstance). When I was young I spent 6 years studying philosophy at university. Eventually, after 11 years at university I decided there weren't any answers to the questions I was interested in; so I became a householder and started trying to earn a living to support my family like everyone else. But I have always been enamored with an idea I picked up from Buddhist philosophy regarding the interdependency of opposites. The idea is that polar opposites depend on each other for their very existence. In the most extreme form, good actually requires evil for its existence and vice versa. Very strange notions indeed!
When Novak sued Cynthia (what on earth did she do?), Actwin, APD posters and "John and Mary Doe" I was as upset as anyone else. The fact that the Better Business Bureau of New York essentially confirmed what folks were saying here on the APD made matters even worse from my perspective. But when I consider the generosity, good will and creativity that have been stirred into action by a group of people who mostly don't know each other and have never met in person, I am truly awestruck. So let me offer a radical notion: To Bob Novak, Jack Nolan and the rest of the characters at
|
Gary Lang is sending plants to people who contribute to the fund.
|
PetSwarehouse, I tip my hat and salute you! Through your misdeeds and indiscretions a collection of rabble hobbyists have shown themselves to be a better group of people than any of us would ever have imagined. Without your challenge to our right to speak freely and openly over the Internet, we would never have learned this much about who we really are. For that I thank you. I hope, and with increasing confidence now trust, that you will find us to be more determined and tenacious than you ever imagined. We couldn't have accomplished this without you!
Regards, Steve Dixon
| I think there is some additional information which can be publicly stated about the Defense Fund:
1. While I am the designated recepient for the funds, none of the funds will be used to pay me any attorney fee. Assuming that I do get involved pro hoc vice (within a state outside my normal practice), I will do so on a pro bono (free) basis.
2. The amounts of any contributoins are being reported to the individually named defendants at least twice a week.
3. A listing of contributors is available on this page.
4. No funds will be disbursed without the consent of the individually named defendants with access to the Defense Fund.
5. The funds received are being deposited into a trust account.
6. The Defense Fund is being handled by a licensed attorney in good standing in the State of Alabama. The attorney is admitted to the US District Court for the Northern District of Alabama, the Sixth Circuit Court of Appeals, the Eleventh Circuit Court of Appeals, and the United States Supreme Court.
--John Benn
|
|
As of 5-21-03, we have had a total of 447 contributors
MORE CONTRIBUTORS
Charles Bay
Anonymous 06
MyFishBox.com
annex.com,Inc.
Anonymous 05
Anonymous 23
Anonymous 34
Anonymous 40
Anonymous 44
Anonymous 45
Anonymous 51
Julie Atwood
Robert Buettner
Vince Chan
DJ
Steven Dixon
FishGeeks.com
FloridaDriftwood
Daphne Freeman & Loh Kwek Leong
Shireen Gonzaga
David Grim
Scott Heiber
International Betta Congress
Robert Jordan
Alan Kaufmann
David Lass
Mathew Marulla
Roger Miller
Offy
Erik Olson
Philadelphia Area Betta Soc.
David Papas
Bree Radloff
San Fran. Bay Area Aquatic Plant Soc.
Juergen Scheele
Kenneth P. Simolo
Madan Subramanian
JoAnn VanDersarl
David VanderWall
Cliff Wener
Anonymous 04
Anonymous 07
Anonymous 11
Anonymous 12
Anonymous 13
Anonymous 27
Anonymous 32
Anonymous 42
Anonymous 50
Anonymous 55
Ron Barter
Ranya Bey
Bob
Robert Carr
Caleb Clapp
Theodore Coletti
John Fitch
Valery Fokin
Lorna Smith
James Forgan
Daphne Freeman
Garibaldi
Robert Hudson (Aqua Botanic)
Scott Hudson
Lee Keetle
Apostolos Ketselidis
David Kotschi
Karlton Lau
Jim Lockhart
Natalie Nakao
Christopher Newell
Tri-County Tropical Fish Soc.
Timothy Adkins
William Allen
Joe Anderson
Anonymous 01
Anonymous 02
Anonymous 03
Anonymous 08
Anonymous 09
Anonymous 10
Anonymous 15
Anonymous 16
Anonymous 17
Anonymous 18
Anonymous 19
Anonymous 20
Anonymous 21
Anonymous 22
Anonymous 24
Anonymous 25
Anonymous 26
Anonymous 28
Anonymous 29
Anonymous 30
Anonymous 33
Anonymous 35
Anonymous 36
Anonymous 37
Anonymous 38
Anonymous 39
Anonymous 41
Anonymous 43
Anonymous 46
Anonymous 47
Anonymous 48
Anonymous 49
Anonymous 52
Anonymous 53
Anonymous 54
Anonymous 56
William G. Au
Anthony Baker
Marisa Barrier
Lisa Brinkman
Robert Brookshire
Sarah Brown
Steven Buyske
James Capelle
Chris Carden
Cameron Case
Marcus Christy
Tim Cincotta
Richard Clark
Thomas Connors
Penny Crowley
Keith Davis
Catherine DeLaHunt
Neal DePape
Bernard Eaton
e-aquaria.com
Michael Eckardt
James Eller
Per Gunnar Espedal
John Fetridge
James Folsom
Gamera
Charles Gadd
Scott Gellner
John Godbey
William Gould
David Grim
Ken Guin
MORE CONTRIBUTORS
|
|