TIMELORD (September 11, 2007)
If you wish to settle this – here’s how it goes;
First of all, the apology you put on the thread entitled “Phil Gluyas threatens a lawsuit” is not accepted. The reason for this is that you said;
Phil, I apologize for making you look like more of a nitwit than you already seem to be.
John Best Junior (as Fore Sam) on Hating Autism on September 8, 2007
The derogatory nature of this “apology” invalidates it. Further, you have not specifically addressed the issue at hand – that being (as you did identify) the situation with Kurai-Gaka. Your memory of that is incorrect. The defamatory remarks were as follows;
Phil had some comment about Kurai being sexy with the thong but I didn’t think it was appropriate. I think he’s a dirty old man.
John Best Junior (as Fore Sam) on Hating Autism on August 13, 2007
If you can stop fantasizing about that 16 year old girl long enough to say something constructive, I may publish it.
John Best Junior (as Fore Sam) on Hating Autism on August 15, 2007
It looks like Phil has the hots for that 16 year old girl. Has anyone told his wife?
John Best Junior (as Fore Sam) on Blog of Many Trades on August 14, 2007
Is your wife getting too old for you so that you fall in love with teenagers, Phil? Does Kurai’s mother know about you?
John Best Junior (as Fore Sam) on Blog of Many Trades on August 17, 2007
You think your mother, sister and cousins are sexy too?!! You’re a sick bastard, phil.
John Best Junior (as Fore Sam) on Blog of Many Trades on August 17, 2007
Hey Kurai, I think Phil wants a date with you but he’s too shy to ask. How about it, would you like to go to the wrestling matches with him?
John Best Junior (as Fore Sam) on Blog of Many Trades on August 19, 2007
What’s the matter, don’t you think she’s sexy now? Are you interested in teenage boys instead?
John Best Junior (as Fore Sam) on Blog of Many Trades on August 19, 2007
Phil, I didn’t say anything bad about Kurai. I indicated you were hot for her. That doesn’t reflect poorly on her, only on you.
John Best Junior (as Fore Sam) on Joeker’s discussion blog on August 15, 2007
Each and every one of those comments must be withdrawn and unreservedly apologised for – and without any derogatory side comment.
Secondly – you need to provide the apology in writing. Your demand that we accept it cash on delivery is rejected out right. It’s up to you to pay for it. I would have thought a couple of dollars would be better than a couple of hundred thousand should this matter go to court.
Thirdly – and this wasn’t in the warning letter but it will help show how genuine you are, you should remove all the threads with my full name in the title from your blog. Further, you should commit publicly to not saying anything about me at all anymore. Should you do that, I will reciprocate by removing the section on this Wiki devoted to the words exchanged between us. The rest stays though because you are still considered an Aspie Enemy in general. If you want the section with my commentary on your son removed – you will have to indicate a willingness to provide me with the true and correct information of what you are actually doing. In private of course. As it stands, what I have said in that section is true in my opinion. The way to change that opinion is to provide more information.
I am prepared to take this to court if need be. You know I am serious thanks to Phil Lynch. I will warn you now just in case you think I can’t do it. Contrary to the anon on your blog’s view – the matter does not need to be heard through The Hague. It will be heard by the highest court in the state of Victoria, Australia – because that is where the incident took place. There is an international precedent making that the case – Gutnik v Dow Jones (the publishers of the Wall Street Journal). You of course know that I have a causation – the visit from the police. And the rules of the Victorian Supreme Court provide for service in another country, including the United States. All I have to do is obey the US law when it comes to service – and thanks to Tex I know exactly where to look. Title 28 of US law.
The bottom line is you are in serious trouble. You can countersue me if you like (and that would have to be done in the same court as well) and I will defend myself strongly as I believe what I have said to be true. And unless you can prove that all the anonymous posts were me – and I know you can’t – you don’t have a leg to stand on.
So – I think it’s about time ate some humble pie, and do as demanded and asked. With the online apology, I will give you time to think about it. With the written apology, I need to receive it by October 19. Failure to do so, and the lawsuit will proceed.
JOHN BEST JUNIOR (September 16, 2007)
Phil, Your lawyer’s letter did not specify any conditions for an apology. Therefore, that’s all you get. You don’t have the option of not accepting it. This will have to serve as your written apology as well. It is an inane condition to ask someone to apologize more than once for one alleged offense. This is not an admission of anything, only your apology that you demanded. That’s it Phil, case closed.
TIMELORD (September 16, 2007)
As stated, the apology you issued was ingenuine and therefore invalid. Further, the lawyer’s letter specified a written apology as well as one on the Internet. Any court of reasonable jurisdiction will agree with me that the blog apology was unacceptable. I do have the option of not accepting it for that reason. Such is the damage your slanderous remarks have caused (with another such example appearing on forum just this weekend).
I repeat, you have until October 5 to issue a GENUINE apology. NO derogatory terminology within it – and I have every right to expect that. The fact that you are refusing to settle this matter properly indicates a clear lack of responsibility on your part and this fact will be included as evidence before the Victorian Supreme Court. Also you MUST provide a written apology – withOUT the COD demand – that I receive it before October 19 (send it before October 5 and I’ll get it before then).
The ball is in your court, Fore Sam. I know how to serve the documents on you correctly thanks to some well timed advice from one of my friends here, and I know who to contact – thankfully that can be done by email. So when you get them, I don’t have to extradite you. Either you come – or a judgment is made in your absence.
Of course you can avoid all that by doing as you are told.
JOHN BEST JUNIOR (September 17, 2007)
Phil, Your lawyer’s letter did not specify that my apology had to be genuine. It also said nothing about derogatory terminology. You are insane and I have every right to state that fact as part of my apology. You also have no legal right to state any terms to me. I apologized and that is sufficient. I have all sorts of evidence of your insanity, Phil but it would be easier if you just brought some ball bearings to court with you to roll around with your fingers while giving a deranged account of what transpired. By the way, I know who stole the strawberries.
TIMELORD (September 17, 2007)
You are wrong, Fore Sam. Any apology when demanded must be genuine and contain no derogatory remarks. It’s automatic in order to resolve an issue. Your opinion of me is irrelevant, and by including it you are in fact getting yourself into more trouble than you are already in. I can prove my sanity easily – and I can also prove your state of mind with at least twice as much evidence as you could possibly try on me. Moreover I can prove that most of the material you provide has a sane explanation. As I have been defamed and have causation I have every legal right to state terms to you. You can ignore them at your own peril. I am serious. I have already started preparing the documentation and have just now sent an email to organise service of the documents to you making sure that what I do is compliant with US law as well as the rules of the Victorian Supreme Court. I am so confident in this that I am at this point preparing to present the case to the court personally – I do not need a lawyer to represent me. The only help I need is with the paperwork making sure I get it right – and that is in hand.
One more chance. Back down and apologise unreservedly – both here (or on your blog – that’s fine) and in writing. If your next edit refuses to do so, I shall lock this page to editing and our future communications will be more formal – as I will be suing you for defamation. The process will start on Tuesday October 9, the first day after October 5 that I will be able to lodge the documents with the Supreme Court Registry.
There was no reply.
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