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Title: Be a man, try running Liberty Post
Source:
LP
URL Source: [None]
Published: Jan 12, 2015
Author: Sneakypete and TooConservative
Post Date: 2015-01-12 16:37:59 by tpaine
Keywords: None
Views: 112483
Comments: 263
>> TooConservative-- Before you just shut it down, have you done any tally of results? Just eyeballing it, it looks like tpaine is probably above 60%. >> Sneakypete---- Seems to ME that if TPaine is serious he would quit being a wuss and stand up like a man and say he will accept a 51 percent vote tally by regular posters as a victory and step up to the plate. ----It isn't me that would have to be a man and take all the bullshit... It would be the moderator. And my choice for mod would have been TooConservative, or Sneakypete, or even better, both of you. ----Tell you what, if you two take over mod/tech functions, I'd be willing to put up the money for the first year as the 'owner', and take responsibly for any legal problems we might encounter. >> After all,he has never pretended to be anything other than a Libertarian with a "Big L",and since when have Bil L Libertarians ever demanded a 75 percent vote for anything? -----I've never belonged to the big 'L' party. I consider myself a constitutional libertarian, who votes (mostly) republican. >> In MY mind,if he doesn't man up and and accept ownership if he gets the majority of the votes,he was never serious about it to start with. ---I'll call your bluff. Put up (joining me, as above) or shut up about man-ing up. >> I personally hope this isn't the case because I think all political discussion boards need Big L Libertarian owners/moderators. Anyone else and they just turn into partisan party arms preaching the party line with no dissent allowed. Without dissent there is no discussion. ---Here's your chance to put your man-ing up with your mouth. How bout it?
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#172. To: nolu chan (#170)
He decided to act before the state of Florida could. You assume that Florida could act before it expired. You also assume that it would bother. Don't think so.
When has the state of Florida ever "expropriated and renewed" a privately held domain name?
LP went dark last year when Goldi forgot to renew the DNS name. I recorded it and it expired at 12:01 today, 1/15/15. My intent was to remind her (which I did for sysadmin a week or so ago when my calendar app reminded me. sysadmin renewed it under his own name unless he had some other entity he could transfer it to.
It seems sysadmin decided not to wait until the estate was probated. He decided to act before the state of Florida could. Wait for what? Should he have kept the forum operational while waiting to hear from the state of Florida? Should he have left the site unmoderated, and subject to lawsuits so the state of Florida could inherit a copyright infringement case as a defendant as part of Sally's estate? Should he keep footing monthly bills from the host provider waiting for the State of Florida to reimburse him? Should he have let the domain name expire so the State of Florida could grab it up? Should he have shut down the web site, like he did? What act did he do that is so terrible? What, pray tell, would you have done in SysAdmin's place? Please enlighten us!
I'm not a lawyer, so I'm not going to lose any sleep over the legal distinction between "empower" and "having access." If tpaine doesn't agree with Neil & sysadmin's decision, he can take them to probate court... "Some people march to a different drummer — and some people polka."
Looks like the accusatory verbage, instigating, flame baiting and boorish behavior has already started, my that didn't take long. Looks like the Gay Canary Posse has arrived in full force and has grown by a few members, or would that be a few logons? "Comme ci, comme ça"
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Don't feel bad I'm still bozo'd from when he was here before using another logon.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Thanks for the response. But if memory serves sysadmin made it quite clear that he wasn't selling LP. "The Major Case Unit is not usually called in on no harm, no foul cases and still have them five weeks after the body is found. Why was the Major Case Unit called in?" Excellent question. Based on it I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled, with who and why tpaine and pericles were so interested in getting their hands on LP. How's that for setting off another conspiracy thread:)
Nolu Chan ---- For what? I have not been damaged. Neither has tpaine or Pericles either. They only "lost" an opportunity to buy from sysadmin something that could not legally be sold. I was not trying to 'buy' LP. My initial offer was to pay the bills and assume any legal responsibilities. How silly can you get? I was not very interested in 'getting my hands on LP', as was made evident by the conditions on the offer I made. -- I was trying to find a way to keep the site open.
Yo, Bro, I believe that I made it abundantly clear that LP was not for sale. BTW, do you have any sense of humor?
Paranoid much?
I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled... Paranoid much? No, just the usual amount. Humorless much?
Wuz dat "humor"?? Ooops. My bad, V.
Probate of the estate. The legal process. Obviously not. As sysadmin stated: Post Date: 2015-01-02 14:57:10 by sysadmin The property went to Goldi's estate upon her death as a matter of law.
Including the cat?
Ability. Capacity to perform an act or service; e.g. to support spouse and family. Financial ability is usually as referring to pecuniary ability. Empower. A grant of authority rather than a command of its exercise. In re Whiteman's Will, 268 App.Div. 591, 52 N.Y.S.2d 723, 725. Black's Law Dictionary, 6th Ed. As sysadmin had the password, he had the capacity or ability to perform certain acts. As Goldi had died and he knew of her death, sysadmin had no authority to perform certain acts performed. He cannot claim any post-mortem empowerment from Goldi. The state appointed executor of the estate should take care of that. The state appointed executor has ample standing and power. Neil and sysadmin acted irresponsibly. As sysadmin stated: Post Date: 2015-01-02 14:57:10 by sysadmin The property went to Goldi's estate upon her death as a matter of law.
And the discretion to distance himself from absurdities.
Unless consider this. He was hired by Goldi for a term of the one year to work on her site. That he had already been paid. And he would have been a crook if he didn't fulfill his obligation. If I agree to install a new tile floor in someones warehouse at the restaurant they own. And the owner dies in the process. And i have the keys to the building and they paid me in advance. I would still be obligated to install that tile. Maybe not the best analogy. I'll just throw this out there.
Whose legal responsibilities? You will see the problem while trying to answer that question. Upon Goldi's death, responsibilities went to the state of Florida. LP was not a legal entity. The responsibilities were Goldi's, personally. The whole process was flawed. It may have been well intended, but good intent does not overrule state law. The problem is that no will was found and state law gets in the way.
Any grant of authority that he may have had as an agent or employee was extinguished by Goldi's death and his knowledge of that fact. http://info.legalzoom.com/power-attorney-end-upon-death-20235.html Section 111 of the Uniform Power of Attorney Act provides that the power of attorney terminates when the principal dies. This rule is followed in all states. For example, Florida laws state that a power of attorney expires upon the principal’s death. In this situation, the agent no longer has authority to act on behalf of the principal, and the principal’s successors take over the management of his affairs. Validation of Agent's Actions In some situations the agent may not know of the principal’s death and may continue to act under the power of attorney, for example, by paying bills or signing documents. If the agent does not know that the principal has died, the law generally allows him to continue acting as agent until he is notified of the death. For example, Chapter 1337.091 of the Ohio Code states that if an agent carries out his duties without knowing that the principal has died, his actions remain valid, provided that he acts in good faith. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/0709.html
The State authorities acted to dispose of the cat.
What if the state of Florida ignores your points? Will you sue them? Do you have standing for this?
Gotta link to the probate order?
Just leave the cat alone, please :)
Excellent question. Based on it I am sooooooooo happy that LP is shut down and that my personal info will be redacted. I am sooooooooo happy that you are sooooooooo happy in your belief that things on the internet can, with certainty, be made to disappear. The Shadow knows. And the first LP server was located at 12 Carroll St., Westminster, MD. And the goings on at that address, including the police raid and the permanent injunctions, and the prison records are matters of public record. As you know, sysadmin posted: http://libertypost.org/cgi-bin/readart.cgi?ArtNum=350039&Disp=All&#C461 sysadmin posted on 2015-01-12 14:35:29 ET Back in 2002, Neil/Pinguinite solicited donations: http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=167&Disp=All Liberty Post Checks and money orders should be made payable to "Liberty Post". Maybe the will was hidden in a misplaced bottle of Holy Qettorett.
You sure are making a mountain out of a molehill. Unless you plan on contacting the authorities in Florida and wasting their time with this foolishness you are beating a dead horse for no other purpose than to hear the thud. To what purpose?
Chan is correct. Sysadmin and Neil had absolutely no right to offer anything to anyone under the Liberty Post name. They were essentially offering what was not theirs to offer to you and or Pericles. With no will and not being corporate officers, their actions were their own and most likely illegal. They ended up doing the only thing that was legal and let the domain name expire and buy it back up again under sysadmin's name. Any of the old Liberty Post would come under control of whomever Goldi willed it to or the State of Florida. The URL was perfectly legal to buy as the subscription lapsed, but the content would have to be totally removed and replaced with something else. I am 110% certain that one or both asked a lawyer, after they had started their dog and pony show, as to what was legal or not and were told what to do to avoid any legal trouble. A sham election conducted by a couple of computer geeks without the common sense God gave a donkey. They are lucky... so far. A government stooge with a little time on their hands could make their lives miserable for a while as they dig into the mess.
No and no. I do not believe the Florida state authorities need any assistance on the law of Florida.
I recall CP saying something like that about libel. That made quite a thud.
I've got it hidden in a bottle of Holy Qettorett obtained from Indiana Jones.
They did a little something something extra with that move to Panama. The rights to an expired domain name have nothing to do with the archives of some prior user of the domain name. It gets authority to use the name only.
I suspect that the cat was worth more than the domain name.
Exactly. Any and all content, without being willed to them or part of a corporate agreement, isn't theirs. They own the URL only. Nothing more. They attempted an illegal transfer of information that wasn't theirs to transfer.
Correct again Mr Obvious. I have neither standing nor the faintest desire to sue any one for anything. -- Get a grip on your imagination. You are so insane about this, that you're funny. I made it quite clear from the start of this farce that I did NOT want control of LP, I was willing to pay the bills as long as a membership chosen moderator tried to control the inmates.
You would have had a hell of a time explaining that to a government worker bee looking for $$$ from Goldi's estate. You are damn lucky those two dopes figured it out before they got themselves and you or Pericles in some trouble.
I was not trying to 'buy' LP. You did? Are you the sysadmin? I've been laughing at all the antics here since I got up this morning. Congrats on being one of the head clowns posting... 'bro'.
Except that is not what happened. There is a grace period after the name expires (at least 2 weeks) but as you can see it never expired. A whois privacy guard is in place but you can see the date of renewal. Who knows what names lurk behind the privacy shield? "sysadmin" does.
You can bet the State of Florida will find out if they think they can get some money out of it. Someone may be in some trouble over this.
Did they attempt an illegal transfer of information or did they commit a conversion? Conversion is "[a]n unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of the owner's rights. Any unauthorized act which deprives an owner of his property permanently or for an indefinite time. Unauthorized and wrongful exercise of dominion and control over another's personal property." Black's Law Dict., 6th Ed. Constructive conversion is "[a]n implied or virtual conversion, which takes place where a person does such acts in reference to the goods of another as amount in law to the appropriation of the property to himself." Black's Law Dict., 6th Ed.
There is a strong case for this as well. While ownership of LP may have been in dispute in the period between Goldi's actual passing and when the State of Florida would have claim to her property, there can be no dispute that sysadmin and Neil were never owners or had the right to manipulate any of her property and had no right to attempt to sell, barter, or transfer it to anyone else.
Comments (213 - 263) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestI did not assume that it was, or was not, expired...
#173. To: TooConservative (#171)
Not if they have been expropriated and renewed.
#174. To: nolu chan (#170)
I did not assume that it was, or was not, expired. It was not expired when Goldi died and it passed to the custody of the state of Florida.
#175. To: nolu chan (#170)
#176. To: nolu chan, tpaine (#99)
Unless Goldi did not own LP when she died, neither sysadmin, nor Neil, were lawfully "empowered" to do anything that they did. Because they had the password, they had the ability to do things. They were no longer "empowered" by Goldi to do anything.
No wait, tpaine doesn't have legal standing to do that, does he?
Oh well, Neil & sysadmin still acted responsibly to protect LP from being vandalized until Goldi's estate is settled. And tpaine should thank his lucky stars that he didn't illegally acquire control of Goldi's property.
#177. To: All (#176)
#178. To: tpaine (#95)
Yep, some bozo, --- bozoed me.
#179. To: nolu chan (#166)
They only "lost" an opportunity to buy from sysadmin something that could not legally be sold.
#180. To: SOSO, Nolu Chan, Y'ALL (#179)
Silly questioner --- Are you going to sue sysadmin and/or Neil? Can tpaine or pericles sue them for wisking away LP from their grasp?
SOSO --- I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled, with who and why tpaine and pericles were so interested in getting their hands on LP.
#181. To: tpaine, Nolu Chan, Y'ALL (#180)
I was not trying to 'buy' LP.
#182. To: SOSO (#179)
I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled...
#183. To: Liberator (#182)
#184. To: SOSO (#183)
#185. To: Pinguinite (#175)
Wait for what?
Should he have kept the forum operational while waiting to hear from the state of Florida?
We do need to bear in mind that anything we decide is contingent on the site not being taken over as part of Goldi's estate.
#186. To: nolu chan (#185)
Probate of the estate.
#187. To: Willie Green (#176)
I'm not a lawyer, so I'm not going to lose any sleep over the legal distinction between "empower" and "having access."
If tpaine doesn't agree with Neil & sysadmin's decision, he can take them to probate court...
No wait, tpaine doesn't have legal standing to do that, does he? Oh well, Neil & sysadmin still acted responsibly to protect LP from being vandalized until Goldi's estate is settled. And tpaine should thank his lucky stars that he didn't illegally acquire control of Goldi's property.
We do need to bear in mind that anything we decide is contingent on the site not being taken over as part of Goldi's estate.
#188. To: nolu chan (#187)
The state appointed executor has ample standing and power.
#189. To: nolu chan (#187)
As sysadmin had the password, he had the capacity or ability to perform certain acts. As Goldi had died and he knew of her death, sysadmin had no authority to perform certain acts performed.
#190. To: tpaine (#180)
I was not trying to 'buy' LP. My initial offer was to pay the bills and assume any legal responsibilities.
#191. To: A K A Stone (#189)
Unless consider this. He was hired by Goldi for a term of the one year to work on her site. That he had already been paid.
Death of the Principal
709.2109 Termination or suspension of power of attorney or agent’s authority.—
(1) A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not
durable;
(c) The principal is adjudicated totally or partially incapacitated by a court,
unless the court determines that certain authority granted by the power of
attorney is to be exercisable by the agent;
(d) The principal revokes the power of attorney;
(e) The power of attorney provides that it terminates;
(f) The purpose of the power of attorney is accomplished; or
(g) The agent’s authority terminates and the power of attorney does not provide
for another agent to act under the power of attorney.
(2) An agent’s authority is exercisable until the authority terminates. An
agent’s authority terminates when:
(a) The agent dies, becomes incapacitated, resigns, or is removed by a court;
(b) An action is filed for the dissolution or annulment of the agent’s marriage
to the principal or for their legal separation, unless the power of attorney
otherwise provides; or
(c) The power of attorney terminates.
(3) If any person initiates judicial proceedings to determine the principal’s
incapacity or for the appointment of a guardian advocate, the authority granted
under the power of attorney is suspended until the petition is dismissed or
withdrawn or the court enters an order authorizing the agent to exercise one or
more powers granted under the power of attorney.
(a) If an emergency arises after initiation of proceedings to determine
incapacity and before adjudication regarding the principal’s capacity, the agent
may petition the court in which the proceeding is pending for authorization to
exercise a power granted under the power of attorney. The petition must set
forth the nature of the emergency, the property or matter involved, and the
power to be exercised by the agent.
(b) Notwithstanding the provisions of this section, unless otherwise ordered by
the court, a proceeding to determine incapacity does not affect the authority of
the agent to make health care decisions for the principal, including, but not
limited to, those provided in chapter 765. If the principal has executed a
health care advance directive designating a health care surrogate, the terms of
the directive control if the directive and the power of attorney are in conflict
unless the power of attorney is later executed and expressly states otherwise.
(4) Termination or suspension of an agent’s authority or of a power of attorney
is not effective as to an agent who, without knowledge of the termination or
suspension, acts in good faith under the power of attorney. An act so performed,
unless otherwise invalid or unenforceable, binds the principal and the
principal’s successors in interest.
History.—s. 11, ch. 2011-210.
#192. To: Palmdale (#186)
Including the cat?
#193. To: nolu chan (#190)
good intent does not overrule state law
#194. To: nolu chan (#192)
The State authorities acted to dispose of the cat.
#195. To: A Pole (#193)
What if the state of Florida ignores your points?
#196. To: Palmdale (#195)
#197. To: SOSO (#179)
"The Major Case Unit is not usually called in on no harm, no foul cases and still have them five weeks after the body is found. Why was the Major Case Unit called in?"
Who knows in what Goldi may have been entangled, with who and why tpaine and pericles were so interested in getting their hands on LP. How's that for setting off another conspiracy thread:)
I've been with LP since Goldi and Neil came up with the idea, helped build the first server, and have worked with it ever since behind the scenes.
How can I contribute? We do not yet have a means of accepting funds electronically (did I mention we were new?) though we will eventually. In the mean time contributions can be sent to:
12 Carroll Street, Suite 112
Westminster, MD 21157
#198. To: nolu chan (#191)
#199. To: nolu chan, tpaine (#190)
#200. To: A Pole (#193)
Will you sue them? Do you have standing for this?
#201. To: Fibr Dog (#198)
You sure are making a mountain out of a molehill. Unless you plan on contacting the authorities in Florida and wasting their time with this foolishness you are beating a dead horse for no other purpose than to hear the thud.
#202. To: Palmdale (#194)
Gotta link to the probate order?
#203. To: Nexus6, tpaine (#199)
They ended up doing the only thing that was legal and let the domain name expire and buy it back up again under sysadmin's name.
#204. To: nolu chan (#202)
I've got it hidden in a bottle of Holy Qettorett obtained from Indiana Jones.
#205. To: nolu chan, tpaine (#203)
The rights to an expired domain name have nothing to do with the archives of some prior user of the domain name. It gets authority to use the name only.
#206. To: Willie Green (#176)
If tpaine doesn't agree with Neil & sysadmin's decision, he can take them to probate court... --- No wait, tpaine doesn't have legal standing to do that, does he?
Oh well, Neil & sysadmin still acted responsibly to protect LP from being vandalized until Goldi's estate is settled. And tpaine should thank his lucky stars that he didn't illegally acquire control of Goldi's property.
#207. To: tpaine (#206)
I made it quite clear from the start of this farce that I did NOT want control of LP, I was willing to pay the bills as long as a membership chosen moderator tried to control the inmates.
#208. To: SOSO, implies he is the sysadmin-LP? (#181)
Yo, Bro, I believe that I made it abundantly clear that LP was not for sale.
BTW, do you have any sense of humor?
#209. To: Nexus6 (#199)
They ended up doing the only thing that was legal and let the domain name expire and buy it back up again under sysadmin's name.
Expires On January 18, 2016
Registered On January 18, 2011
Updated On January 06, 2015
#210. To: Operation 40 (#209)
There is a grace period after the name expires (at least 2 weeks) but as you can see it never expired. A whois privacy guard is in place but you can see the date of renewal. Who knows what names lurk behind the privacy shield? "sysadmin" does.
#211. To: Nexus6, tpaine (#205)
They attempted an illegal transfer of information that wasn't theirs to transfer.
#212. To: nolu chan, tpaine (#211)
Conversion
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