Re: Mr. Glassey's recent postings
TS Glassey <tglassey <at> earthlink.net>
2008-09-06 18:20:51 GMT
Again Gentlemen this demonstrates the need for full disclosure as to each of
us represents and who is paying the bills here.
Todd Glassey
----- Original Message -----
From: "Dean Anderson" <dean <at> av8.com>
To: "Stephan Wenger" <stewe <at> stewe.org>
Cc: "TS Glassey" <tglassey <at> earthlink.net>; "Contreras, Jorge"
<Jorge.Contreras <at> wilmerhale.com>; <iesg <at> ietf.org>; <ipr-wg <at> ietf.org>
Sent: Friday, September 05, 2008 8:27 PM
Subject: Re: Mr. Glassey's recent postings
> On Thu, 4 Sep 2008, Stephan Wenger wrote:
>
>> Dear Mr. Anderson,
>>
>> My opinion re your first and second points are known, and I'm not going
>> to
>> re-iterate them. But please allow me to address points 3 to 5, which can
>> be
>> viewed as a personal, direct, and ill-informed attack against myself.
>
> You brought up your personal role, so it is relevant for me to dispute
> it. Perhaps I was unclear about what I meant by 'work in the IPR
> department': Your CV does not indicate that you are an attorney. As far
> as I can tell, you merely follow patent issues and try to help Nokia
> make money with patents. Your role is essentially no different from the
> role of most other people on this working group, including myself and
> Mr. Glassey. Yet, for some reason you seek to elevate your/Nokia's
> interests above the interests of Mr. Glassey (and perhaps others), and
> unfairly promote your/Nokia's interests by asking to have your opponent
> unfairly silenced so that you don't have to read his occasional email to
> IPR-WG. As I understand it, European unfair trade laws are even more
> strict than US laws, and your position seems to be seeking unfair trade
> advantages by influencing IETF policy.
>
>> As your third point, you must have an old copy of my private web page
>> in your cache. My web page was last updated in early June 2008, and I
>> moved servers sometimes in mid July 2008; perhaps that helps to debug
>> your caching problem.
>
> Actually, I read http://www.stewe.org/cv-business-wenger.pdf which
> doesn't specifically mention a department, but mentions "IPR" 5 times.
> Its document properties indicates it was created 8/05/06 from MS Word on
> MAC OS X 10.4.7.just retrieved it again, and got the same document.
>
>> As clearly indicated in the first sentence of my private home page, I do
>> work in Nokia's IPR department. Let me also assure you that my
>> responsibilities include patent policy work in the IETF. Feel free to
>> verify that through whatever channel you have available.
>>
>> Regarding point four, please see the description of my responsibilities
>> above. I do know how to configure an email client, but my interpretation
>> of
>> my responsibilities require me to at least attempt to read all emails on
>> ipr-wg <at> ietf.org, including disruptive, off-topic, and sometime plain
>> stupid
>> ones.
>
> This seems to be your personal problem, not anyone elses. Mr. Glassey's
> emails have not been disruptive, nor off-topic, nor 'plain stupid'. I
> can't say the same for all others. But if it is indeed your job
> responsibility to read all messages regardless of their content value (I
> doubt that), then in that case it seems you are asking the IETF to do
> something that your employer won't let you do yourself. I fail to see
> why the IETF should assist you in avoiding your employer's rules. In
> anycase, the IETF is not your secretary.
>
>> And with point five, I disagree with your interpretation. So, I strongly
>> believe, will most reasonable people do.
>>
>> Regards,
>> Stephan Wenger
>>
>>
>>
>> On 9/4/08 2:09 PM, "Dean Anderson" <dean <at> av8.com> wrote:
>>
>> > First, in my opinion, all of Mr. Glassey's posting have been on-topic,
>> > and have been prima facie valid---even where I disagree with Mr.
>> > Glassey, his messages make prima facie valid and on-topic arguments;
>> > Mr. Glassey's messages are usually well-cited issues regarding patents,
>> > trademarks and copyrights relating to the work of the IPR-WG. The
>> > recent message from Mr. Glassey on spoliation of evidence is likewise
>> > well-cited with authoritative legal references (US Federal District
>> > Court Order). This order is relevant since it explains the law on
>> > spoliation of evidence. The order states (inter alia): (page 3)
>> >
>> > A party engages in willful spoliation if the party has "some notice
>> > that the documents were potentially relevant to the litigation
>> > before
>> > they were destroyed." United States v. Kitsap Physicians Serv., 314
>> > F.3d 995, 1001 (9th Cir. 2002).
>> >
>> > The IETF has recently discussed making alterations of IETF IPR
>> > disclosures. IETF IPR Disclosure documents are anticipated to be
>> > potentially relevant to litigation over the licensing terms granted by
>> > patent and copyright owners. Because the IETF 'has some notice',
>> > spoliation therefore applies to the IETF IPR disclosures, and the topic
>> > is relevant to discussion on IPR-WG.
>> >
>> > Second, the personal attacks have been launched by Alvestrand, who has
>> > a
>> > history of misrepresention and of launching emotional appeals against
>> > positions he doesn't like and a history of abusing his powers as Chair
>> > to silence opinions he doesn't like; the intent and result of which
>> > deceives the Working Group and the public and defrauds participants of
>> > their right to participate in a democratic process. In this case, Mr.
>> > Glassey has just defended himself against the personal attack and the
>> > misrepresation by Alvestrand. The condition stated by Alvestrand,
>> > opinion of counsel, are not required to post this information to
>> > ipr-wg <at> ietf.org. Mr. Alvestrand's opinion that (only) Mr. Glassey
>> > cannot post authoritative legal references to ipr-wg are a personal
>> > attack on Mr. Glassey, and an attempt to improperly increase Mr.
>> > Glassey's legal expenses. Mr. Alvestrand also misrepresents the
>> > authority of the legal reference cited by Mr Glassey: The written
>> > order
>> > of a Federal Court is not subject to the opinion of a lawyer before it
>> > becomes valid law. The attempt by Mr. Alvestrand to deceive the
>> > Working
>> > Group about the law regarding spoliation of evidence is improper.
>> >
>> > Third, According to http://www.stewe.org/ Dr. Wenger does not appear to
>> > be employed in the IPR department at Nokia. So his statement that "It's
>> > part of my job to read [...] postings on ipr-wg <at> ietf.org" does not
>> > appear to be accurate. I will however contact Nokia personnel
>> > department to confirm this fact if Dr. Wenger insists that his job
>> > requires him to read every message on IPR-WG regardless of who posts
>> > the
>> > message.
>> >
>> > Forth, Dr. Wenger's claim that "I do not have the luxury to remove
>> > postings of certain individuals" also appears to be a deception.
>> > According to headers in a message posted on August 1, 2008, Dr. Wenger
>> > uses an email client identfied by a User-Agent header called
>> > "Microsoft-Entourage/12.11.0.080522" This email client gives Dr.
>> > Wenger
>> > the ability to delete and filter email, contrary to Dr. Wenger's
>> > claims.
>> > However, Dr. Wenger's email client abilities do not appear to be
>> > relevant to the complaint. Even if it were the case that his email
>> > client couldn't delete or filter messages, that is Dr. Wenger's
>> > problem.
>> > However, Dr. Wenger's deception here shows bad faith.
>> >
>> > Fifth, Dr. Wenger's assertions in a message to ipr-wg dated August 1,
>> > 2008 were disputed by Mr. Glassey. So Dr. Wenger is a partisan in an
>> > argument in which Wenger and Glassey are on differing sides. Therefore
>> > Dr. Wenger has an undisclosed conflict of interest in making a
>> > complaint
>> > against his opponent. The undisclosed conflict of interest is further
>> > evidence of bad faith by Dr. Wenger.
>> >
>> >
>> >
>> > --Dean
>> >
>> > On Thu, 4 Sep 2008, Stephan Wenger wrote:
>> >
>> >> Hi all, It©ös part of my job to read, attempt to understand, and, if
>> >> necessary, act on postings on ipr-wg <at> ietf.org. I do not have the
>> >> luxury to remove postings of certain individuals, including Mr.
>> >> Glassey©ös postings, through technical means---even if I would wish to
>> >> do so. I think it©ös acceptable to check with the IPR WG whether a
>> >> certain ruling may be relevant. However, I©öm troubled that the
>> >> majority of these requests for a check appear to originate from the
>> >> same source, and that the vast majority, if not all of them, have been
>> >> dismissed quickly by the community (or by the chair, with no objection
>> >> by the community). This time, the chair suggested that Mr. Glassey
>> >> submits an attorney©ös opinion on the subject, which seems to me an
>> >> entirely reasonable way forward, considering the history of Mr.
>> >> Glassey©ös mailing list activities. Mr. Glassey©ös reply has been
>> >> taken the character of a direct personal attack against Harald. That
>> >> I find unacceptable, and certainly disruptive. I therefore request
>> >> the chair to consider yet another removal of Mr. Glassey©ös posting
>> >> privileges, for as long a period as possible under the relevant RFCs.
>> >> Best regards, Stephan Wenger P.s.: For the record, I personally
>> >> believe that the case Mr. Glassey has pointed us to has no relevance
>> >> to the IETF.
>> >>
>>
>>
>>
>>
>
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