Claus-Dieter Zink takes measures against Lowlands Cup team

I had a better idea, instead of collecting money through paypal to
DEFEND the case, why not just take a collection to PAY the 1400 Euro's
and be done with the whole problem.

Seems like he is only asking to reimburse the legal fees and not even
charging for use of the picture.....a fair deal indeed!

If everyone sent a couple euros it will all go away in very short
order.

Just let him know what you are doing and ask for a bit of time to raise
the money.

There is absolutely NO reason to boycott his business since he has done
no wrong at all.

jb92563 schreef:

He simply reacted as any reasonable person would that is trying to
protect their lively hood.

He would probably have forgiven the infringement, but due to the fact
that there are legal fees that he has incurred to investigate the
matter puts him at a loss for this infringement, which would not be
fair to him at all.

Maybe you can also explain why in this case legal fees where required
at all ? There was no need to investigate anything, as *I* spontanously
contacted *him* after I found out about the source of the images (I
did, before we ever contacted by him, his lawyer or Mr Pfohl). A simple
'no" to my requests to maintain the banner and/or sponsor the event
would have seemed a lot more reasonable than having his lawyer send
€1.400 invoices, with liability claims in excess off €10.000.

Then also consider he sent those not to me, but to innocent young
people that had no responsability in this matter at all. That put me in
the situation of not being able to defend myself against these claims,
but having to choose between either paying (what i consider a grossly
unfair damage claim) or having friends face possible trial. Thats not
my idea of reasonable either.

I think it is only right that he be reimbursed for his incurred costs
due to some wrong performed by others....he should not be made to pay
the price for anothers wrong.

You may want to read the entire text on the LLC site, even though i
know its long. I did offer to pay for his damages, but he won't
negotiate.

You should have waited for approval, and assumed it not approved until
he has emailed you to confirm it.

How would you like it if someone stole things that you use to earn your
livelyhood and gave it out for free?

That might be a somewhat fair comparison if:
1) I, or anyone else made any money with this
2) actual damages would have occured to Mr Zinks business. No one can
seriously believe if I had known the source and price of the images, i
would have considered spending €600 on them. instead, I would have
used other ones that are free, with no impact on my "business", nor on
that of Mr Zink.
3) I did any of this in bad faith (like stealing a car). Believe it or
not, with maintaining the images while offering credits / links, i
actually thought to be protecting Mr Zinks business and provide a
win-win situation for all of us.

He is a reasonable man and would likely deal with you directly if you
are honest and upfront with him...avoiding any additional lawyer fees.

Again, read the documents I have published. We tried dealing with him,
through email, phone, fax. We have been upfront and honest, all we got
was frivolous claims from his lawyer. If he is reasonable, he still has
to show it to me.

VT

He may have done no wrong but do you really want to
give money to someone who behaves as he has. If enough
people e-mail him to say that they are not buying his
calendar because of this it would probably go away
fairly quickly.
Call me old fashioned but I don't have to buy things
from...........anyone.

At 22:30 30 December 2005, Jb92563 wrote:
I had a better idea, instead of collecting money through
paypal to
DEFEND the case, why not just take a collection to
PAY the 1400 Euro's
and be done with the whole problem.

Seems like he is only asking to reimburse the legal
fees and not even
charging for use of the picture.....a fair deal indeed!

If everyone sent a couple euros it will all go away
in very short
order.

Just let him know what you are doing and ask for a
bit of time to raise
the money.

There is absolutely NO reason to boycott his business
since he has done
no wrong at all.

On Fri, 30 Dec 2005 13:57:30 UTC, "Ronald Termaat"
wrote:

: It was not the attempt to contact CDZ, it was the statement from the
: person who spoke in the name of CDZ saying it was ok. To be sure we
: also copied CDZ in this mailconversation. Now the claim from the lawyer
: is that he was not an official spokesperson.

Sounds like a potentially strong defence to me. What does your lawyer
say? Have you tried writing to the man with a cheque for 100 euros in
full settlement?

Ian
:


--

but due to the fact
that there are legal fees that he has incurred to investigate the
matter puts him at a loss for this infringement, which would not be
fair to him at all.

- "...fees he has incurred to investigate...." Investigate by
employing the lawyer and filing a claim?
What a BS...

This is one very nasty situation. Mr. Zink should not hire any lawyers,
if he is so pathetic about his "rights" ...well, he can keep his
calendars for himself. Hopefully nobody will buy his "art". I don't
think we need people like him involved with anything related to soaring
or aviation in general. I really feel sorry for the victims of his
"business practice". Sounds to me like "sovietizing"...I wonder, maybe
Mr. Zink is behind Russia cutting natural gas supply to Europe? Just a
thought....

jb92563 wrote:
I had a better idea, instead of collecting money through paypal to
DEFEND the case, why not just take a collection to PAY the 1400 Euro's
and be done with the whole problem.

Seems like he is only asking to reimburse the legal fees and not even
charging for use of the picture.....a fair deal indeed!

A very interesting position to take -- something very much in line with
Zink's own approach of trying to get something for nothing, no matter
from whom it comes. Nothing posted here so far on the matter has shown
Zink's case to be built on anything but arrogance, greed, and bluster.
Any money contributed should go only to putting Herr Zink in his place.

"Fair" would be Zink learning to communicate constructively with someone
other than his lawyer. I notice he has not the courage to come here and
plead his own case, but finds others to do it for him. Perhaps he is
waiting for someone to make a gift to him of a keyboard.


Jack

I am wondering why the fraudulent representative for Mr. Zink isn't more the
focus of this group????
Both by the group and Mr. Zink! He strikes me as being the one who should
be paying.

Alpha

So far, only one side seems to be talking. I suspect that, as is usual
in these situations, Mr. Zink has been advised by his attorney not to
make public statements while the case is in progress. We've got lots
of opinions and virtually no verified facts.

Character assassination is a popular and effective defense as any
number of politicians, whistle-blowers, CIA agents with out-of-favor
husbands, rape victims, etc. can tell you.

Until the dust settles, I think it's completely inappropriate to be
urging a boycott of Mr. Zink's calendar.

Raphael Warshaw
1LK

wrote:

Character assassination is a popular and effective defense as any
number of politicians, whistle-blowers, CIA agents with out-of-favor
husbands, rape victims, etc. can tell you.

I personally find it very inappropriate to lump this issue in with
"rape victims" and so forth. We're talking about a few online gamers
who posted a picture in a website. Can we keep this in perspective?


Until the dust settles, I think it's completely inappropriate to be
urging a boycott of Mr. Zink's calendar.

After searching this thread I find that you are the first to use the
term "boycott". No one here has urged any kind of organized action
against purchases.


-Doug Hoffman