The Water Works Scandal Case ~ Home Page

On The Road Again...

News Alert! 09/30/2007

11:07a.m. CST (Dallas TX)

The Move is Underway. All ILIPS Group Websites are now in abeyence until @ October 10, 2007. We hope to return at that time with new materials, updates, galleries and photography. No new materials will be added until after October 10, 2007.

This is a permanent move from Texas for the "U.S. Headquarters." We depart October 1, 2007, at oh-dark-early in the morning.

Dallas, Texas, will remain our headquarters in the South for our "Southern Headquarters."

Our new location will be announced upon arrival. The Great Road Trip of 2006-2007 continues...

Have Cats; Will Travel!

~~~~~~~~~~

From 09/28/2007:

ILIPS Group on the Move

ILIPS Group International is on the move again following our response to a family emergency in January, now brought to closure in September. We have new activity in regards to our Federal complaints and lawsuits that requires our move in order to access Courts and Law Libraries in our new location, not to mention, Attorneys. This move, according to a Federal Magistrate Judge, "In the best interests of Justice..."

We shall see...

ILIPS will be moving to a new location which will be announced after the 7th of October, 2007. During the period of October 1 ~ 7, 2007, ILIPS will be in abeyence and will hope to be back online on or about October 10th, once in new quarters.

Galleries, Press Releases and stories will continue to be uploaded to the server until Midnight, Sunday, September 30, 2007. We shall have breaking news once re-established in the new location ~ that news being related to cases underway at this time.

ILIPS Group International will continue to travel as well as expand our State News Services across the country, from Alaska and Hawaii to Florida, New York, Washington D.C. and Puerto Rico, in the East. All 50 States and the Territorial Possessions of the United States are to be covered. We added a new site, currently under construction, in September, and will have more to add before New Year, 2008.

We thank you in advance for your patience and understanding. Feel free to continue visiting as the websites will all remain up during the move. Fresh materials will be added at stops where DSL service can be accomodated in room, in hotel.

We'll place this same notice at as many websites as is humanly possible before departure.

~ Ed.

Editorial Notice:

This site is under change as we speak and we are headed for Court.

The site is to be changed as an Evidentiary website to provide strictly for the presence and presentation of evidence to outside sources, including Law Enforcement and Media, among others.

All news stories regarding the Water Works Case Scandal will now be posted at:

Aviation & Marine USA

www.aviationandmarineusa.com

The amount of information and evidence that we do have, along with some final information expected in, make it necessary for me to transfer news reporting to our main news site, Aviation & Marine USA. This is to ease the complexity of the navigation at this website and ease the flow of information to the Public.

The number of stories and information released will now be reduced to accomodate a heavier schedule of preparing litigation, deposing witnesses, along with filing documents, motions and claims in a case against:

James Richard Campbell
Owner/Publisher/Editor
Aero-News.Net Inc.

Et Al...

We thank you for your understanding and patience as these new changes will significantly enhance our ability to prevail in Federal and State Courts here in the U.S.

For Further Information:

Mark S. "Bear" Daniels
Owner/Publisher/Editor
ILIPS Group International
104 Oakhurst Drive
Seagoville, TX 75159 USA

1-972-287-4788
1-972-287-4593
bearzbearzbearz@yahoo.com
imagesof@hotmail.com

(Replaces 2006 Edition Interupted by Death of Plaintiff M.A. Edwards in the Water Works Case)

Online Policy Group et al vs Diebold...

...which supports the use of So-called "Private" Correspondence to Expose Criminal Misconduct to the People...

~~~~~

Online Policy Group, et al. v. Diebold Incorporated, et al.
337 F. Supp. 2d 1195 (N.D.Cal. September 30, 2004)

Court holds that defendants Diebold Incorporated and Diebold Election Systems Inc. (collectively “Diebold”) violated Section 512(f) of the Digital Millennium Copyright Act (“DMCA”) by having outside counsel send DMCA take-down notices to Internet Service Providers (“ISPs”). These notices demanded that the ISPs disable access to or remove a website containing an archive of emails prepared by Diebold employees in which “some employees acknowledged problems associated with [Diebold’s electronic voting] machines.” Diebold claimed a copyright in this archive, which had apparently been stolen and posted on the Internet. The take-down notices also sought to disable a hypertext link to this website, found in an online newspaper article critical of Diebold’s electronic voting machines. The Court held that because “portions of the email archive are subject to fair use protections,” the notices constituted knowing material misrepresentations that material or activity infringes Diebold’s claimed copyright in the archive in violation of Section 512(f), exposing Diebold to liability for the damages and attorneys’ fees resulting from actions taken by the ISPs in response to these notices. It has subsequently been reported by the Online Policy Group that Diebold paid $125,000 to plaintiffs and their attorneys in satisfaction of this claim.

~~~~~

Because of the public’s interest in the performance and capabilities of Diebold’s electronic voting machines, the Court found that plaintiffs’ use of at least those employee emails that expressed reservations about the machines’ capabilities constituted a fair use thereof which did not infringe Diebold’s claimed copyright therein.

Said the Court:

[P]ortions of the email archive [are] clearly subject to the fair use exception ...

"The purpose, character, nature of the use, and the effect of the use upon the potential market for or value of the copyrighted work all indicate that at least part of the email archive is not protected by copyright law. The email archive was posted or hyperlinked to for the purpose of informing the public about the problems associated with Diebold’s electronic voting machines. It is hard to imagine a subject the discussion of which could be more in the public interest. If Diebold’s machines in fact do tabulate voters’ preferences incorrectly, the very legitimacy of elections would be suspect."

~~~~~

The Court also found that Diebold had violated Section 512(F) of the DMCA by sending its take-down notices. The Court held that by so doing, Diebold knowingly misrepresented that the posting of the archive on plaintffs’ website infringed its claimed copyright therein when in fact it did not because “no reasonable copyright holder could have believed that the portions of the email archive discussing possible technical problems with Diebold’s voting machines were protected by copyright.” The notices were material within the meaning of the Act because they caused Swarthmore to disable access to Pavlovsky and Smith’s websites. Accordingly, the Court granted plaintiffs’ motion for summary judgment on their Section 512(f) claim. According to the Online Policy Group’s website, Diebold paid plaintiffs and their attorneys $125,000 in damages as a result of this determination.

Source: Phillip Nizer LLP, Internet Library

Posted Under Title 17, Section 107 ~ Fair Use, i.e., Education, Editorial and News.

"c) These criminal activities included, but were not limited to,
no less than two each of the following qualifying criminal acts as set
forth in Florida Statutes Section 772.102:

[FOUNDATION ACTIVITIES (previous qualifying criminal activity
rendering Defendants an "Enterprise" within State Civil RICO]

(i) "Extortion" as defined in Section 836.05, by demanding
both expressly and impoliedly the payment of funds or services from
individuals and businesses in order to induce the Enterprise to refrain
from the publication of disparaging information, including false and
libelous disparaging information, and to refrain from "destroying,"
"ruining" or "driving [victims] out of the aviation business" or to
refrain from causing individuals to "never work in this industry again."
Such threats and demands were made with the express and criminal
intention that victims would take actions financially beneficial to the
Enterprise including payment of sums, contracting for or renewing
advertising contracts, withholding from others including new employers
and other innocent consumers and victims the truth about the business
activities and illegal and malicious actions of the Enterprise or the
history and background of Campbell and similar demands.

These offenses occurred during 1993, 1994, 1995, 1996 and 1997
and the victims were former advertisers, employees, aviation businesses
and others, in an ongoing and chronic pattern of threat and
intimidation, and further included threats to falsely disparage and cast
into false disrepute independent businesses and persons failing to
accede to demands of Campbell as to issues as mundane as Internet
access, crediting or payment of funds demanded, granting of concessions
of various kinds and extensions of credit.

(ii) Fraudulent practices and fraud, within Chapter 817,
including:

Advertising fraud and fraud against actual and potential
advertisers, in that over a period of years, the circulation of the
magazine was willfully overstated by 100% or more to induce advertisers
to enter into advertising contracts (during 1993,4,5,6 and 7, victims
including all advertisers of the magazine, whether aware or unaware of
the fraud);

Advertising fraud in taking funds and entering into
contracts with advertisers for issues and publications which there was
no intention or abiilty to publish, nor to publish in the time frame
promised (during 1996 and 1997, victims including advertisers of
publications of the Enterprise for publications not issued, purchasers
of same and subscribers to the periodical);

Fraud against subscribers by falsely and with intent not
to perform offering subscriptions and extensions of subscriptions,
accepting subscriptions and claiming that magazines were being published
immediately or shortly when in fact there was neither intention nor
ability to do so. This fraud included the actual institution of a
"subscription renewal program" and offering of "specials" at a time when
Campbell knew the magazine was not capable of and he did not intend to
distribute future issues. Further, this fraud included the sale of
subscriptions of "US Aviator" magazine when Campbell knew that the
entity owning same had filed a liquidation bankruptcy and neither he nor
other affiliates owned same or the right to same). (During August, 1996
through this date; victims, subscribers and those renewing);

Falsely and grossly overstating and exaggerating the
credentials and experience of the principal and the business practices
and truthfulness of the publications, including such falsehoods as
claiming to have many thousands of hours of flying experience, thousands
of parachute jumps, EMT training, flying experience in Ethiopia and
other exotic locations, having worked for substantial periods as a
corporate or commercial pilot and helicopter pilot, being qualified to
fly Boeing 747 transport jet aircraft and similar aircraft, having
performed aerobatic activities in aircraft neither capable of same nor
having in fact attempted same, falsely stating both the foundation
research, truthfulness and motivations of the Enterprise in the reviews
and descriptions of products and aircraft and even falsehoods about
having children, a former spouse who died tragically and other
"dramatic" fabrications to provide senationalism and sell magazines and
merchandise on false pretenses, for profit. (During 1993, 1994, 1995,
1996 and 1997, victims were purchasers and subscribers.)

Holding himself and the publication out (including an
express, but utterly false "code of conduct" and "pledges," as an
unbiased, supremely objective arbitrer of the merit of experimental and
general aviation merchandise and services, of impeccable integrity and
uninfluenced by advertising, personal bias and other constraints, when
in fact judgments, characterizations and editorial treatment were
influenced by mercenary motives, personal malice and revenge, and when
in fact the principal, Campbell had a history of chronic mental illness,
pathological lying and related mental disorders utterly disqualifying
him from any objective judgment or role as arbiter (1993-7, victims are
subscribers and readers, purchasers and merchants or manufacturers of
goods, and advertisers);

Falsely claiming to be the victim of dozens of anonymous
or pseudonymous death threats against officers and staff as the result
of supposed pro-aviation consumer activities, implying and claiming that
the same came from a conspiracy of aviation businesses which had "taken
over" the aviation industry and which desired to eliminate this
individual because of his great and exaggerated value to the aviation
consumer and others, and attempting to exploit such fabrications for
profit and sensation (1993-1997, victims are employees and subscribers
and contributors and supporters);

Falsely soliciting funds to be used in the defense of
such threats of violence and illegal or criminal actions and accepting
such funds but neither segregating or accounting for same as required by
Florida law nor applying such funds as represented (1996 and 1997,
victims are contributors and subscribers deterred from acting to enforce
subscription contracts breached);

Stock frauds consisting of misrepresentation and false
inducement, advertising of investment opportunity and the receipt of
funds and other considerations on false pretenses (1992 and 1993,
victims were minority shareholders purchasing stock);

The fraudulent transfer of assets of Defendant and
affilated entities so as to defraud creditors;

Contracting with suppliers, printers, writers and others
with no actual present intent or ability to perform the contracts by
paying for the services and goods, but instead fleecing a series of
innocent businesses out of funds in excess of $250,000 by deliberately
and falsely promising such payments, and chronically, falsely denying
the ordering and receipt of merchandise and services, so as to avoid or
delay payment same (During 1993,4,5,6 and 7, victims are suppliers and
sellers of goods and those who extended credit);

(iii) Stock frauds within the meaning of Chapter 517,
Florida Statutes, as heretofore stated;

(iv) Theft and related crimes (Chapter 812) and insurance
fraud by making claims against persons and insurers for goods supposedly
stolen which were in fact merely concealed (these included claims for
false theft of goods from an airplane and an office, 1992-5, victims
were insurer and party reimbursing theft);

(v) Forgery, false swearing and uttering false instruments
by the filing of false affidavits and other instruments under oath and
the fabrication of evidentiary documents for presentation in a judicial
proceeding within Chapters 831 and 837, Florida Statutes (1993, 1994 and
1997, victims were parties to judicial proceedings);

(vi) Violation of Chapter 787, Florida Statutes by the
unlawful carrying of a concealed weapon repeatedly (1997 and
previously);

(vii) Repeatedly filing false and fraudulent police and
criminal reports, including missing persons reports, report of a
kidnapping, false reports of death threats received and other crimies,
false claims of crminal conduct by innocent individuals and other
violations of law relating to fabricating evidence within Section 918.13
(1992, 1993, 1994, 1995, 1996, 1997, victims are former business
associates, employees, former advertisers, subjects of articles, ex-
fiance, individuals with whom personal disputes existed);

(viii) Violations of Chapter 784, Florida Statutes (assault
and battery) by deliberate and intentional stalking including the actual
physical proximity and seeking out, harrassing messages and threats,
false pretenses and fraud to learn the whereabouts of individuals
including false reports to credit card companies and other businesses
and police departments, false reports of missing persons and kidnapping,
telephone messages and threats and related harrassment including
hundreds of messages; violations of that chapter by messages containing
threats of violence and physical injury and death. (1993-4 and 1996-7;
victims were ex-fiance and ex-wife)

(ix) Mail fraud and crimes included within the Federal RICO
statute [18 U.S.C. Sec. 1961 (1)] including but not limited to mail
fraud in that solicitations for subscriptions, sales and advertising, as
well as other frauds used the instrumentalities of interstate commerce
including the U.S. Mail [as previously alleged];"

~~~~~

Click Here For:

IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR PALM BEACH COUNTY, FLORIDA
NO. CL 97 006570 AJ

ANTHONY E. PUCILLO
Plaintiff,

KINDRED SPIRIT PRESS, INC.,
an unregistered foreign
corporation d/b/a
U.S. Aviator Magazine
Defendant,