ROL_2018-09-28_16k_Hr3-4.timecode
[00:00.000 --> 00:28.400] Markets for the 11th of April 2018 close with gold $1,353.22
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[00:48.400 --> 01:07.400] Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:07.400 --> 01:17.400] It also prohibited unequal application of voter registration requirements, racial segregation in public schools, in employment, and public accommodations for places of business.
[01:17.400 --> 01:23.400] Today in history.
[01:23.400 --> 01:31.400] In recent news, tensions in Syria seem to have reached new levels after a chemical attack on civilians in the city of Douma, which left 40 dead and many injured.
[01:31.400 --> 01:38.400] An attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the United States and on Israel by Russia.
[01:38.400 --> 01:52.400] Either accusatory narrative without any verified evidence as of yet. President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new and smart.
[01:52.400 --> 01:58.400] Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:58.400 --> 02:06.400] Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[02:06.400 --> 02:15.400] Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.400 --> 02:27.400] Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[02:27.400 --> 02:32.400] with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[02:32.400 --> 02:44.400] No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government, which has been fighting terrorists.
[02:44.400 --> 02:51.400] Or is this a trick to destroy all traces with a smart missile strike? And then there will be no evidence for international inspectors to look at.
[02:51.400 --> 03:18.400] This was quick roadie with your lowdown for April 11, 2018.
[03:18.400 --> 03:29.400] Okay, we are back. Randy Kelton, a rebel of law radio, and we're talking to Tim in Texas and the strategy.
[03:29.400 --> 03:37.400] First thing we do is build this extensive statement for a grand jury.
[03:37.400 --> 03:53.400] I've been doing this kind of thing for a long time, so I've developed a lot of tools and techniques for doing this. Actually, all of this is in my e-book, Legal 101.
[03:53.400 --> 04:02.400] Not just how to build the documents, but the strategy behind it of how you move people to your position.
[04:02.400 --> 04:18.400] Anyway, so I'm building this long document. We will ferret out in the law every place where we can show that a public official fails to follow a law.
[04:18.400 --> 04:32.400] But after doing this a long time, I've got a lot of relatively novel arguments we can bring. But the key complaint that we can bring is the baritry charge against the lawyers.
[04:32.400 --> 04:49.400] Unfortunately, that was set up from the beginning. The Court of Appeals absolutely established that baritry occurred. Now we go directly for the lawyers and villainize the lawyers. We blame the lawyers for everything that happened.
[04:49.400 --> 05:09.400] It was the duty of the lawyer to give good sound legal advice to the counsel. But instead of doing that, the lawyers advised the counsel to take actions that would result in litigation that the lawyers would then get paid to litigate.
[05:09.400 --> 05:30.400] That's what the baritry laws were for. So we go after the lawyers, accuse them of baritry, and the way we do that is we take this grand jury statement and we attach it to a petition for rid of mandamus.
[05:30.400 --> 05:53.400] Right now we're going to ask, we have an appeal coming up. And one of the things these lawyers are absolutely going to try to do with mediation, with the mediation the lawyers' clients, the city ordered them to enter into, is they're going to try to con Tim into missing the appellate deadlines.
[05:53.400 --> 06:18.400] There's a payment that has to be in in a few days. We'll get that in. And then we'll file a petition for rid of mandamus. After the appeal is perfected, then you've got 90 days to file, either 60 or 90, you have to check that, to file an appellate brief.
[06:18.400 --> 06:33.400] But we can't file an appellate brief, because we don't know what the judge ruled on, because the judge refused to provide findings affecting conclusions at law.
[06:33.400 --> 06:55.400] And since the Court of Appeals has already ruled that our original argument was correct in the lawsuit, where we claimed that the adjudication in the trial court was void because of improper actions on part of the city.
[06:55.400 --> 07:21.400] The Court of Appeals ruled that was right. The judge denied our claim out of hand without explanation with prejudice, and threw out Tim's $300,000 claim against the lawyers and the members of the administrative board, claiming that they all acted in their personal capacity and not in their official capacity because they didn't have one.
[07:21.400 --> 07:28.400] And the Court of Appeals has essentially ruled they did not have an official capacity.
[07:28.400 --> 07:42.400] So the one thing that is certain to happen in the appeal is that the dismissal with prejudice will be overturned.
[07:42.400 --> 07:52.400] Rather, the dismissal itself will be overturned, if it depends on the mood of the Court of Appeals, but certainly the appeal with prejudice will be overturned.
[07:52.400 --> 07:56.400] Otherwise, they undermine 200 years of standing law.
[07:56.400 --> 08:15.400] The only time a filing can be dismissed with prejudice is on a showing that there is no way that the filer can amend the pleading so as to make a claim on which recovery can be had.
[08:15.400 --> 08:32.400] Well, we have an adjudication that makes the opposing party liable on its face, so we can absolutely file an amended complaint that will state a claim.
[08:32.400 --> 08:34.400] They will overturn that.
[08:34.400 --> 08:39.400] Then Tim gets to come back and file an amended complaint.
[08:39.400 --> 08:45.400] And what will happen in the amended complaint is he'll triple his claim against him.
[08:45.400 --> 08:54.400] And since it's essentially raised due to Cata, then it's a matter not are they guilty or not, not are they liable or not, but how much.
[08:54.400 --> 08:59.400] So it becomes that fight and these lawyers have to see that coming.
[08:59.400 --> 09:14.400] Well, in the petition for rid of mandamus, we asked the court to order the judge to file findings of fact and conclusions at law while we're pursuing criminal charges against him for not doing it.
[09:14.400 --> 09:28.400] And in the petition, we will add this statement, grand jury statement and all of the criminal complaints we allege.
[09:28.400 --> 09:31.400] They will all be verified.
[09:31.400 --> 09:38.400] What we're not going to do is give the Court of Appeals legal advice.
[09:38.400 --> 09:49.400] We're not going to tell the Court of Appeals that under 2.09 Texas Code of Criminal Procedure, which is titled Who Are Magistrates.
[09:49.400 --> 09:57.400] They're listed number three behind Supreme Court justices, judges of the Court of Criminal Appeals and then appellate court judges.
[09:57.400 --> 09:59.400] They are magistrates.
[09:59.400 --> 10:15.400] We're not going to tell them that by filing these verified criminal affidavits with you, we have invoked your duty as a magistrate, a duty which you must exercise under chapter 16, Texas Code of Criminal Procedure.
[10:15.400 --> 10:18.400] We're not going to tell them that part.
[10:18.400 --> 10:20.400] We're not their lawyers.
[10:20.400 --> 10:31.400] If they need me to advise why they can hire a lawyer and being judges of the Court of Criminal Appeals can't be presumed, they don't know what the law is all really.
[10:31.400 --> 10:41.400] So that once we're done with the lawyers, then we can go back after the Court of Appeals.
[10:41.400 --> 10:59.400] One other thing we will be filing with the Court of Appeals and that will be a petition for an order to the prosecuting attorney of Wise County to take all of the complaints against public officials that have been filed with him
[10:59.400 --> 11:09.400] and act in accordance with Article 2.03 Code of Criminal Procedure and give those complaints to the grand jury.
[11:09.400 --> 11:15.400] This gives the prosecutor plausible deniability.
[11:15.400 --> 11:19.400] The prosecutor is a good friend of Judge Brock Smith.
[11:19.400 --> 11:22.400] It has been for 30 years.
[11:22.400 --> 11:30.400] He does not want to prosecute a good friend of his and someone he considers a mentor.
[11:30.400 --> 11:33.400] So we take him off the dime.
[11:33.400 --> 11:41.400] We give him plausible deniability when the Court of Appeals orders him to do this, he has no option.
[11:41.400 --> 12:02.400] If we can get that order, or Scott can get that order in front of us, or David Allen and Tyler, or Rick Renfoe in Austin, if anybody can get that order, everything changes.
[12:02.400 --> 12:11.400] Now the prosecuting attorneys have absolute law ordering them to act in accordance with 2.03.
[12:11.400 --> 12:13.400] We'll start getting things to grand jurors.
[12:13.400 --> 12:23.400] It may well be that Pixar's case is so egregious that the Court may not feel like they have any option.
[12:23.400 --> 12:31.400] They need to throw somebody under the bus and might as well be these lawyers.
[12:31.400 --> 12:48.400] And these officials that we're filing against in Newark, in the city of Newark, what we're not going to tell these officials, these members of the administrative board,
[12:48.400 --> 12:53.400] but we're not going to tell them that they have an affirmative defense.
[12:53.400 --> 12:55.400] Not yet.
[12:55.400 --> 13:05.400] Once they get indicted, then we'll tell them, because essentially they were acting in good faith rely on some common authority.
[13:05.400 --> 13:10.400] They felt like they were within the limits of their authority.
[13:10.400 --> 13:16.400] Their problem is, culpability doesn't go to that.
[13:16.400 --> 13:29.400] Culpability doesn't go to whether or not you acted with an evil, bad purpose and an evil mind toward committing a crime.
[13:29.400 --> 13:38.400] It goes to whether or not you intended the outcome of your actions.
[13:38.400 --> 13:46.400] Whether you knew that those actions were improper or not is not relevant to culpability.
[13:46.400 --> 13:59.400] However, if you were acting in good faith rely on some common authority, then you can say you did not act with culpable intent.
[13:59.400 --> 14:02.400] That is an affirmative defense to culpable intent.
[14:02.400 --> 14:14.400] So at the end of the day, we want to set up the lawyers. We want to look like we're setting up the administrative board because we want the administrative board to throw the lawyers under the bus.
[14:14.400 --> 14:21.400] The only way they can get out of being prosecuted themselves is to throw the lawyers under the bus.
[14:21.400 --> 14:25.400] We just did what the lawyer told us to.
[14:25.400 --> 14:41.400] Then at the end of the day, we hammer the lawyers, we give the city and everybody a scapegoat, someone to rail at and write us indignation and feed them to a specter.
[14:41.400 --> 14:44.400] Does that sound like a strategy, Tim?
[14:44.400 --> 14:45.400] Yes, sir.
[14:45.400 --> 14:52.400] We've already got one of the administrative board members who's turned on our side now.
[14:52.400 --> 15:04.400] The other one is an employee that was on the administrative board and she doesn't want to turn on our side because she doesn't want to jeopardize her job.
[15:04.400 --> 15:06.400] We understand she's a single mother.
[15:06.400 --> 15:11.400] Then the other one is now a council member.
[15:11.400 --> 15:16.400] He's kind of got a dilemma.
[15:16.400 --> 15:18.400] Yeah, he has a problem.
[15:18.400 --> 15:27.400] We're not going to talk about this part on the air, but he may not have a claim of good face reliance.
[15:27.400 --> 15:30.400] We don't want to give him fair warning.
[15:30.400 --> 15:35.400] We will bring that to him in due course.
[15:35.400 --> 15:38.400] You want to have yourself an attitude, Bubba?
[15:38.400 --> 15:41.400] We see how that works out for you.
[15:41.400 --> 15:42.400] Go ahead, Tim.
[15:42.400 --> 15:53.400] He's tried to come across as a nice guy, but when they initially fined me the $8,000, here's what the lady who is turned on our side now.
[15:53.400 --> 15:56.400] No, don't do that.
[15:56.400 --> 15:58.400] That's fair warning.
[15:58.400 --> 16:02.400] We'll get to that later, but we don't want to give him fair warning on that.
[16:02.400 --> 16:04.400] That's the part we didn't want to talk about yet.
[16:04.400 --> 16:09.400] Just know, guys, we got a thing going in her pocket.
[16:09.400 --> 16:14.400] Yeah, I went up to him after they fined me the $8,000.
[16:14.400 --> 16:19.400] This was back last May the 30th, last year, 2017.
[16:19.400 --> 16:20.400] And I went up to him.
[16:20.400 --> 16:21.400] I said, are you kidding me?
[16:21.400 --> 16:23.400] I said, I showed you all the evidence.
[16:23.400 --> 16:25.400] And I said, you just overlooked it.
[16:25.400 --> 16:34.400] And he goes, he kind of snickered a little bit the wise county sheriff's deputy was standing there, you know, and watching the whole conversation.
[16:34.400 --> 16:40.400] And he said, please, the fifth, you know, like, he was just being a smart alec is what he's been.
[16:40.400 --> 16:46.400] But now things have carried on this long and I think he's a little nervous.
[16:46.400 --> 16:49.400] He absolutely should be.
[16:49.400 --> 16:51.400] Hang on, about to go to break.
[16:51.400 --> 16:55.400] Randy Kelton, Real Law Radio, we'll be right back.
[16:55.400 --> 17:11.400] It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gunworks.
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[19:10.400 --> 19:17.400] Well don't let nothing get to you. Only the father can do this by you.
[19:17.400 --> 19:20.400] And don't let bad mind people hurt you.
[19:20.400 --> 19:24.400] I'm just gonna say it's a gift behind you.
[19:24.400 --> 19:32.400] Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Tim in Texas.
[19:32.400 --> 19:39.400] I know we spent a lot of time with Tim, but this was worth it. This has been a long time coming.
[19:39.400 --> 19:45.400] And now this Taylor Burton, the one with attitude.
[19:45.400 --> 19:53.400] If he's not worried, he's not paying attention.
[19:53.400 --> 19:59.400] I have another strategy also. I'm not finished with the protest.
[19:59.400 --> 20:09.400] What I'm gonna try to do is gain the confidence of the one council member who's actually speaking to people.
[20:09.400 --> 20:13.400] He's said over and over on Facebook that he's tried to be transparent.
[20:13.400 --> 20:23.400] So what we're gonna try to do is give him to where he will maybe meet with us on neutral sites where we can talk.
[20:23.400 --> 20:32.400] And then show him how that these attorneys have not had the city's best interest in mind.
[20:32.400 --> 20:41.400] And see if he can get him to convince the other council members that they have not had the city's interest in mind.
[20:41.400 --> 20:43.400] What do you think about that?
[20:43.400 --> 20:51.400] I think that's a great strategy. If you can get the city to throw the lawyers under the bus,
[20:51.400 --> 20:59.400] and you might mention to him that they accused us of suing the city, and that technically we did.
[20:59.400 --> 21:05.400] But we were careful not to make any kind of monetary claims against the city.
[21:05.400 --> 21:12.400] We made a technical legal argument and asked for a declaration of the rights of the parties.
[21:12.400 --> 21:17.400] We didn't ask for any damages against the city at all.
[21:17.400 --> 21:23.400] The Jews of suing the city, they're being ingenuous.
[21:23.400 --> 21:26.400] Who really sued were the lawyers.
[21:26.400 --> 21:29.400] And the lawyers claimed that they had immunity.
[21:29.400 --> 21:32.400] Well, that was a lie.
[21:32.400 --> 21:43.400] Lawyers for a client have no immunity. The only lawyer who has immunity is a prosecuting attorney when detecting as a prosecutor.
[21:43.400 --> 21:51.400] But they don't have immunity when they're outside their jurisdiction.
[21:51.400 --> 21:59.400] The Court of Appeals took away any immunity McSwayne might have had by ruling that the hearing wasn't proper.
[21:59.400 --> 22:05.400] And even then, they claimed this was an administrative hearing.
[22:05.400 --> 22:11.400] And as an administrative hearing, she wasn't a prosecutor. She was just a city attorney.
[22:11.400 --> 22:13.400] No immunity.
[22:13.400 --> 22:18.400] So the lawyers have been in ingenuous to the city.
[22:18.400 --> 22:26.400] The lawyers deliberately manipulated this so that they could build the city more money.
[22:26.400 --> 22:35.400] So I'll charge them with baritry the first day. You can tell them we put the baritry charge in there as a warning to you.
[22:35.400 --> 22:42.400] That these guys were doing this on purpose so they could charge you more money.
[22:42.400 --> 22:47.400] And that you've been trying to protect the city the whole time.
[22:47.400 --> 22:56.400] If you can get this guy, I'm sure he'll have the ear of most of the other counsel, especially now.
[22:56.400 --> 23:03.400] You had this protest and everything's turning against the suit.
[23:03.400 --> 23:10.400] The city's going to need somebody to throw on the bus. So let's see if we can't feed them the lawyers and that'd be a good way to do it.
[23:10.400 --> 23:18.400] I'm just going to try to be prepared, though, before I do meet with him because I don't want to say a bunch of disorganized stuff.
[23:18.400 --> 23:31.400] So far you have demonstrated a quality that's mentioned in the Bible. It's called meekness.
[23:31.400 --> 23:44.400] And that is about the most powerful quality you can come into any situation with. Meekness should never be confused with weakness.
[23:44.400 --> 23:51.400] Meekness is quiet strength. You haven't come in there railing at them in righteous indignation.
[23:51.400 --> 24:01.400] You've just stood up against them no matter what they did, and you stood there and let them do everything they had to do.
[24:01.400 --> 24:10.400] Now you're coming back at them. Now if you come back and indicate to the city that you've been trying to protect them the whole time,
[24:10.400 --> 24:21.400] and that gives them a way to get off this dime, that could swallow those lawyers.
[24:21.400 --> 24:28.400] The other night when they came out of the meeting and decided that they were going to go to mediation,
[24:28.400 --> 24:35.400] people started talking to them after they dismissed the meeting, and the attorney stood up and said,
[24:35.400 --> 24:41.400] I can't answer any of those questions, and one lady looked at him and said, I ain't talking to you.
[24:41.400 --> 24:47.400] We're talking citizens. They're citizens, we're citizens.
[24:47.400 --> 24:56.400] The lawyer's trying to cover his own behind now because he sees this worm turning, so I'm sure he's concerned.
[24:56.400 --> 25:00.400] Well, maybe he'll lose a little sleep like I lost.
[25:00.400 --> 25:07.400] There's a chance he is about this time, and now he has to approach you for mediation.
[25:07.400 --> 25:10.400] Now it's your turn.
[25:10.400 --> 25:16.400] Now you get to set conditions for mediation that he is not going to like,
[25:16.400 --> 25:23.400] and the first one should be no telephone conversations, period.
[25:23.400 --> 25:31.400] No personal meetings except in a neutral location recorded.
[25:31.400 --> 25:42.400] That's what we got libraries for, and no meetings without witness.
[25:42.400 --> 25:46.400] A professional neutral mediator.
[25:46.400 --> 25:54.400] One thing he did mention in his email was that the mediation would be held in Wise County within the next 30 days.
[25:54.400 --> 25:56.400] Would that be okay with me?
[25:56.400 --> 26:01.400] Am I open to a mediation in the next 30 days in Wise County?
[26:01.400 --> 26:06.400] They're not summoning us to Frisco any longer.
[26:06.400 --> 26:12.400] Oh, well that's big of them.
[26:12.400 --> 26:19.400] So they're being generous for a change. Well, expect that to get better, but now it's your turn to be difficult.
[26:19.400 --> 26:24.400] Yeah. Well, we hope so.
[26:24.400 --> 26:27.400] I feel a little confident.
[26:27.400 --> 26:32.400] Well, they're cautiously optimistic.
[26:32.400 --> 26:39.400] I'm looking at both sides of my windows to make sure that they're not trying to set me up.
[26:39.400 --> 26:44.400] So that's why I've got counsel, Wise Counsel. That's what I call you, Randy.
[26:44.400 --> 26:48.400] Oh, don't call me counsel. I'm just your bud.
[26:48.400 --> 26:59.400] I don't want to be confused with a lawyer, with someone who holds himself out with us as a lawyer and represents someone in a personal injury or property damage case.
[26:59.400 --> 27:04.400] Well, I call my mother-in-law, she's Wise Counsel.
[27:04.400 --> 27:09.400] Remember what happened in court when I told the judge that?
[27:09.400 --> 27:14.400] Yeah. Yeah, you told him that you were a paralegal.
[27:14.400 --> 27:25.400] And so long as I don't hold myself out as counsel and represent someone in a personal injury or property damage case, I can pretty well do whatever I want to.
[27:25.400 --> 27:35.400] And we have never, they know I'm behind this. We've never heard one peep about illegal practice of law.
[27:35.400 --> 27:42.400] They never started that garbage because they probably went home and read 32.138.
[27:42.400 --> 27:48.400] And it said exactly what I told them to. It did. So they kept their mouth shut.
[27:48.400 --> 27:55.400] You know, the municipal judge, you know, he's a little more cautious with me now.
[27:55.400 --> 28:08.400] But the case coming up in November for pretrial hearing, I guess it's for opening, I don't know if they call it jury selection or something.
[28:08.400 --> 28:21.400] That's a long time to wait for a jury trial. Excuse me, I think since April and when they cited us in January.
[28:21.400 --> 28:32.400] So since they dropped the original case, you would think that this case would be dropped because it was on one of the original vehicles.
[28:32.400 --> 28:40.400] Okay, wasn't this on the one that was had been licensed the whole time?
[28:40.400 --> 28:44.400] Well, we licensed it in May the 17th.
[28:44.400 --> 28:50.400] Okay, so when this accusation was filed, it was licensed.
[28:50.400 --> 28:56.400] No. No, but here's the thing, it ran.
[28:56.400 --> 29:02.400] Oh, okay. That's good enough.
[29:02.400 --> 29:07.400] We just went in there totally blind. We didn't know what a junk vehicle was.
[29:07.400 --> 29:13.400] No, wait a minute. Wait a minute. The second, we're talking about the second complaint files against you.
[29:13.400 --> 29:17.400] Yeah, the second complaint, it was licensed when they did this citation.
[29:17.400 --> 29:22.400] That was what I was talking about. That one's aggravated perjury on its face.
[29:22.400 --> 29:32.400] It wasn't licensed the first time, but it ran. The second time, it was licensed so that the officer could see it and see that it was licensed.
[29:32.400 --> 29:37.400] Yeah, and he's as per city attorney and big minister.
[29:37.400 --> 29:47.400] And so, yeah, clearly he was covering his behind because it was directed to do it, but sorry, Bubba.
[29:47.400 --> 29:53.400] That don't help. Yeah, he can't say that. He made me do it. He can't say that.
[29:53.400 --> 30:01.400] Yeah, he can't. Sorry. Life is filled with little decisions. We all get to make some.
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[33:09.400 --> 33:31.400] Music
[33:31.400 --> 33:39.400] Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Tim in Texas.
[33:39.400 --> 33:50.400] Tim, I think we got a strategy and hope everybody else listening. What is going on with Tim is not unusual.
[33:50.400 --> 33:59.400] This is how these cases go. If you're pro se, you can expect the other side to use every stinking, rotten, low down, dirty trick they can.
[33:59.400 --> 34:06.400] And I hope that everybody listening will realize that they just try to wear you out.
[34:06.400 --> 34:15.400] If you just hang in there and let them keep screwing up, the point will come when the worm will turn and Tim is behind the curve.
[34:15.400 --> 34:22.400] Now, you talk to Scott Richardson, anybody who wants his legacy, he started out there trying to put him in jail.
[34:22.400 --> 34:28.400] And he was struggling with it and I was concerned that he was going to wind up going to jail, but he stayed after him.
[34:28.400 --> 34:36.400] And it took about a year and a half and then the worm turned. And now Scott is all over him.
[34:36.400 --> 34:41.400] And I expect that Tim is going to be the same way. Go ahead, Tim.
[34:41.400 --> 34:55.400] Well, my wife came in and corrected me. She said the reason why they ticketed me on that truck is because it was one of the original eight vehicles that I was cited in and find.
[34:55.400 --> 35:05.400] And because I had not removed it from the property, they cited me, but it was licensed.
[35:05.400 --> 35:13.400] So that's if they stated that clearly as to why. Good.
[35:13.400 --> 35:17.400] That's your admission.
[35:17.400 --> 35:25.400] Now, bullying me into moving a vehicle off of my private property because they said I should.
[35:25.400 --> 35:34.400] Yeah, so that's a judicial admission that Gauntz, the city.
[35:34.400 --> 35:37.400] That it was a mistake, but he did it anyway.
[35:37.400 --> 35:45.400] No, that was not a mistake. That was aggravated perjury.
[35:45.400 --> 35:51.400] That was no mistake. Yeah, Laura said that they didn't mention anything about the license.
[35:51.400 --> 35:53.400] Right.
[35:53.400 --> 35:57.400] Right. They did that deliberately.
[35:57.400 --> 36:09.400] And while it's in the first instance, I have him charged with aggravated perjury and tampering with the government document.
[36:09.400 --> 36:19.400] Because there was at least one vehicle that the owner of the vehicle brought them, went to him and showed that it was licensed and insured.
[36:19.400 --> 36:21.400] He wrote the citation anyway.
[36:21.400 --> 36:22.400] Yes.
[36:22.400 --> 36:27.400] Tampering with the government document, aggravated perjury.
[36:27.400 --> 36:45.400] He put on the paperwork that was filed in the district court showing the notes where it showed where these vehicles had been brought up to code and still testified against me.
[36:45.400 --> 36:49.400] I don't know what was going through his head.
[36:49.400 --> 36:59.400] So if he showed that all the vehicles were up to code and he testified against you that they weren't, that they were in violation,
[36:59.400 --> 37:09.400] technically he's saying they have been brought up to code after you filed a violation.
[37:09.400 --> 37:13.400] But he's saying that the violation, the bill has already been wrong.
[37:13.400 --> 37:29.400] So questionable, that will go to what the case law says about whether or not you are technically immediately in violation or do you have a grace period under law to bring the vehicles up to code.
[37:29.400 --> 37:31.400] And I'm going to bet there's a grace period.
[37:31.400 --> 37:39.400] Well, I mean, if they give you a notice, it says you have till a certain date to do something.
[37:39.400 --> 37:43.400] This is to abate. Abate means to either bring them up to code or remove them.
[37:43.400 --> 37:44.400] Right.
[37:44.400 --> 37:49.400] And you did that within the time limit then he's got aggravated perjury on each one.
[37:49.400 --> 37:50.400] Exactly.
[37:50.400 --> 37:51.400] And tampering.
[37:51.400 --> 37:54.400] We'll start building all those complaints.
[37:54.400 --> 38:00.400] And then what's going to happen with Gantz is he's an ex cop.
[38:00.400 --> 38:04.400] He'll throw these guys under the bus in a heartbeat.
[38:04.400 --> 38:05.400] That's what cops do.
[38:05.400 --> 38:09.400] I've already accused him of testifying.
[38:09.400 --> 38:19.400] The cops are proud of their ability to testify because they know the judges don't care if they testify because the judge is not interested in whether someone's guilt or innocent.
[38:19.400 --> 38:25.400] He's interested in clearing his docket so he can go play golf.
[38:25.400 --> 38:37.400] That's the way it works in the world we live in. I'm trying to write this in a way that a grand jury will look at it and recognize the poofs in it.
[38:37.400 --> 38:39.400] I have a question.
[38:39.400 --> 38:44.400] What they got me for was the for the 80,000.
[38:44.400 --> 38:50.400] They got me for a restraining order, which was an emergency health and safety hazard.
[38:50.400 --> 38:56.400] But they had nothing to base the health and safety hazard off of.
[38:56.400 --> 39:02.400] They based it on the adjudication of guilt at the original hearing.
[39:02.400 --> 39:06.400] Right. That's my point. So they really had nothing.
[39:06.400 --> 39:15.400] Right. So once that was thrown out, then they had no determination that your vehicles were causing a health and safety hazard.
[39:15.400 --> 39:28.400] And also, on the pre-trial hearing back in April of 2017, when we came out from the background with the prosecuting attorney and she said we could have an administrative hearing,
[39:28.400 --> 39:37.400] when the prosecuting attorney announced that in court, the judge said that's when he brought up the first time I had heard a health and safety hazard.
[39:37.400 --> 39:45.400] But it went over my head. I mean, I was the blonde, excuse me, against all blondes. My wife's the blonde. But you know the point.
[39:45.400 --> 40:02.400] So how is it legal for him to say, is it the city stands that this is a health and safety hazard when the code that they charged me with in the complaint did not say health and safety hazard?
[40:02.400 --> 40:05.400] Yes, it is legal for him to do that.
[40:05.400 --> 40:07.400] It's legal for him to do that.
[40:07.400 --> 40:12.400] Yeah. Yeah, just do that all the time.
[40:12.400 --> 40:18.400] Why is it legal if I didn't know anything about that? Doesn't it have to be written?
[40:18.400 --> 40:24.400] The judge is there to find adjusted adjudication, not to bushwack anybody.
[40:24.400 --> 40:38.400] So the judge, judges always, you know, Harman Taylor used to say, you know, listen to what the judges tell you. They want both sides to bring their best case before the court.
[40:38.400 --> 40:44.400] So yeah, judges do that all the time and the other can.
[40:44.400 --> 40:57.400] But the judge made a major blunder in doing that. He coaxed the prosecutor in going to a place he should never have went to.
[40:57.400 --> 40:59.400] In what room is that?
[40:59.400 --> 41:12.400] The administrative hearing, which he didn't have authority to have. They had authority to prosecute criminally. They did not have authority to prosecute administratively. And the judges once sucked her into it.
[41:12.400 --> 41:14.400] How do you know that?
[41:14.400 --> 41:23.400] Read the court. The Court of Criminal Procedure, I mean, the Court of Criminal Appeals said they didn't have authority to do the administrative hearing.
[41:23.400 --> 41:30.400] That's clear. How do you know the judge coaxed her and she didn't coax? She wasn't coaxing.
[41:30.400 --> 41:38.400] All we know is what we heard in court and in court, the judge was the one that brought that up.
[41:38.400 --> 41:40.400] Okay.
[41:40.400 --> 41:51.400] He was the one that brought it up. He's opened that door as far as we know. She might have opened it somewhere else, but he opened it in court right in front of everybody.
[41:51.400 --> 41:55.400] So we blame him for it.
[41:55.400 --> 41:58.400] Okay, and we're talking about the administrative hearing.
[41:58.400 --> 42:10.400] Yes, and he implied to this young lawyer that she should go down this path and she went down that path and now the sky's falling in on all of them.
[42:10.400 --> 42:17.400] Okay. She's the one that originally brought up the administrative hearing in court.
[42:17.400 --> 42:18.400] Yeah, but...
[42:18.400 --> 42:21.400] He's the one that turned it into a health and safety hazard.
[42:21.400 --> 42:23.400] Yes.
[42:23.400 --> 42:27.400] At least that's how we'll claim it.
[42:27.400 --> 42:28.400] Yeah.
[42:28.400 --> 42:32.400] So we've got some hammering to do on that judge as well.
[42:32.400 --> 42:33.400] Right.
[42:33.400 --> 42:35.400] So all of them get hammered.
[42:35.400 --> 42:36.400] Okay.
[42:36.400 --> 42:39.400] I just wanted to make a mistake.
[42:39.400 --> 42:43.400] I need to move ahead. We're running out of time. I've got a couple more callers.
[42:43.400 --> 42:45.400] All right, sir. Good talking to you.
[42:45.400 --> 42:47.400] Okay. Thank you, Tim.
[42:47.400 --> 42:52.400] Okay, now we're going to Shane in New York. Hello, Shane.
[42:52.400 --> 42:55.400] Oops, I muted Tim again.
[42:55.400 --> 42:59.400] Okay. I have a little issue with my call board here.
[42:59.400 --> 43:02.400] Okay. Shane, are you there?
[43:02.400 --> 43:04.400] Brandy, how are you doing?
[43:04.400 --> 43:10.400] I'm doing good. What is going on with your case? I haven't heard from you in a while.
[43:10.400 --> 43:19.400] Well, let me just try to back up a second here. You know we went to bankruptcy court and there was some of the property on July 24th.
[43:19.400 --> 43:28.400] I believe July 22nd and we gave the judge notice and she sent the notice out to everybody to stop the sale of the property.
[43:28.400 --> 43:34.400] Our first hearing was September 18th in bankruptcy court.
[43:34.400 --> 43:38.400] We met with the trustee and I hear music in the background, Randy.
[43:38.400 --> 43:41.400] I don't want to get too deep into it, but it's an interesting story.
[43:41.400 --> 43:42.400] Okay. Hang on.
[43:42.400 --> 43:43.400] Let's go to break.
[43:43.400 --> 43:50.400] Randy Kelton, Roodle Law Radio, call in numbers 512-646-1984.
[43:50.400 --> 44:00.400] We've got a little room on the call board, so if you have a question or comment, give us a call. We'll be right back.
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[46:22.400 --> 46:38.400] Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Shane in New York.
[46:38.400 --> 46:42.400] Okay, Shane, what happened in bankruptcy?
[46:42.400 --> 46:49.400] Oh, I guess we can hear you better if I unmute you.
[46:49.400 --> 46:52.400] Okay, try again, Shane.
[46:52.400 --> 46:54.400] Okay, Randy, can you hear me?
[46:54.400 --> 46:56.400] I can hear you.
[46:56.400 --> 47:04.400] Okay, so we meet with the trustee. Now, remember this bankruptcy is for my mom because the property is in her name.
[47:04.400 --> 47:14.400] Leaving aside, I already did a quick claim back on the property back on August 2017, so I'm actually the real owner of the property.
[47:14.400 --> 47:23.400] So we meet with the trustee. Bankruptcy judge was not heard until 10 o'clock later on about an hour later.
[47:23.400 --> 47:28.400] So we waited for the trustee, and now it's like 9.30. We meet with the trustee.
[47:28.400 --> 47:38.400] He goes, well, I don't have any of your schedules, A through J, and some missing documents, and my mom goes, well, we already filed this morning.
[47:38.400 --> 47:44.400] She goes, furthermore, our extension was granted for 45 days, and it's not due until Friday.
[47:44.400 --> 47:50.400] And the trustee goes, no, you're late. You're about a week late and kind of scolded her.
[47:50.400 --> 47:56.400] And then he says, well, you can leave. I want an adjourn until November 6. I want an adjourn.
[47:56.400 --> 48:06.400] So it was about maybe a five minute hearing with the trustee, and my mom brought all her documents and everything that were filed and gave him a courtesy copy.
[48:06.400 --> 48:18.400] And so he says, leave. So I says, I told my mom to not leave, get in that courtroom and wait for her name to get called, because I'm very enthused when I try to get the case dismissed.
[48:18.400 --> 48:25.400] So we're waiting. Now it's like 10.45, going on until 11 o'clock. He doesn't even know we're in the courtroom.
[48:25.400 --> 48:33.400] He probably has about 30 cases. We're one of the 30. I think we're the 17th or 18th one down on the docket sheet.
[48:33.400 --> 48:44.400] And the case gets called. My mom's name gets called. And the trustee, a little older guy, probably in his mid-70s, about five foot two, looks like Scrooge from Christmas.
[48:44.400 --> 48:48.400] He goes, I'm moving him to dismiss this case for lack of prosecution, Your Honor.
[48:48.400 --> 48:54.400] And then my mom goes, no, no, no, I'm right here, Judge. I'm right here. And she runs up and says, Judge, we already have an extension.
[48:54.400 --> 49:03.400] And our paperwork's not technically done. It's not due until Friday, which would have been September 21st, because the hearing was on the 18th.
[49:03.400 --> 49:09.400] Judge looks at the docket sheet, comes back after five minutes, because you're right. It's not due until Friday.
[49:09.400 --> 49:13.400] You file criminally against the trustee.
[49:13.400 --> 49:17.400] Your Honor, I just want to let you know the trustee said that was a weak light, and he told me to go home.
[49:17.400 --> 49:26.400] And now he's trying to move and have the case dismissed. That is ridiculous. And then the judge and say a word, he says, okay, he says, I'll tell you what,
[49:26.400 --> 49:33.400] I'm not going to rule on your motion or his motion until November the 6th. So I'm going to adjourn until November 6th.
[49:33.400 --> 49:40.400] So why don't you come back in November 6th? Because he filed a motion, I guess, a verbal motion, have the case dismissed.
[49:40.400 --> 49:47.400] And just to let you know, we did order the transcripts last week, so probably have more than a week or two.
[49:47.400 --> 49:52.400] But I would think we have grounds to have that trustee removed, wouldn't you think?
[49:52.400 --> 49:58.400] You have grounds to have that trustee arrested. That's criminal.
[49:58.400 --> 50:01.400] Oh, yeah, yeah.
[50:01.400 --> 50:02.400] And then...
[50:02.400 --> 50:03.400] I told her to leave.
[50:03.400 --> 50:09.400] You probably have grounds to sue him, personally.
[50:09.400 --> 50:17.400] And what I want to tell you, Randy, is the judge smiled at us, because I got the feeling that he says, wow, I like this.
[50:17.400 --> 50:21.400] Somebody's really sticking up on himself. I got a good feeling off this judge, by the way.
[50:21.400 --> 50:28.400] Older fellow, old school, probably in the mid-60s, definitely a Republican.
[50:28.400 --> 50:34.400] And I got a good feeling off him, a really good feeling of him, okay?
[50:34.400 --> 50:46.400] This is really, really bad news, for the trustee was clearly trying to deny you your right to do course of law.
[50:46.400 --> 50:49.400] Randy, you didn't say one word.
[50:49.400 --> 50:55.400] My mom read a four-page document into the record, which I'm not going to talk about over the phone,
[50:55.400 --> 51:04.400] because the extension of the time of 45 days was granted on August the 7th, and on August the 10th, they filed a motion of dismiss for failure to prosecute.
[51:04.400 --> 51:11.400] And then they did a verbal motion to dismiss, stating that she was not ready, and she didn't have her documents prepared,
[51:11.400 --> 51:17.400] and the judge almost fell through it, fell for it, but luckily we stayed in court.
[51:17.400 --> 51:20.400] I thought that was a good move to stay there until our court came.
[51:20.400 --> 51:22.400] It was a good move.
[51:22.400 --> 51:27.400] Now you've got a shot, you need to take a shot at that trustee big time.
[51:27.400 --> 51:33.400] And look at conspiracy between the trustee and the bank.
[51:33.400 --> 51:40.400] You need to file my request for discovery from the trustee.
[51:40.400 --> 51:42.400] Oh, okay.
[51:42.400 --> 51:45.400] You want to see all of his investments.
[51:45.400 --> 51:47.400] You want to see any properties that he has.
[51:47.400 --> 51:53.400] You want to see any mortgages he's gotten against those properties and how quickly they were paid off.
[51:53.400 --> 51:55.400] Okay.
[51:55.400 --> 52:01.400] You have got the trustee by the short hairs.
[52:01.400 --> 52:08.400] He didn't say one word, not even like nothing.
[52:08.400 --> 52:11.400] And you got him big time.
[52:11.400 --> 52:17.400] And the judge smiled, he knew you caught him big time.
[52:17.400 --> 52:22.400] But the judge had sanctioned him immediately.
[52:22.400 --> 52:27.400] But the judge, this is common practice.
[52:27.400 --> 52:32.400] So send an email, I'll send you my discovery.
[52:32.400 --> 52:37.400] That's now you need to go after the trustee.
[52:37.400 --> 52:45.400] Clearly he was setting you up to deny you due process.
[52:45.400 --> 52:46.400] Okay.
[52:46.400 --> 52:51.400] Who is the special agent in charge of local FBI?
[52:51.400 --> 52:53.400] I don't know, but I'll find out.
[52:53.400 --> 52:54.400] Find out.
[52:54.400 --> 52:59.400] That's the only FBI agent that you can get their name of.
[52:59.400 --> 53:02.400] The rest of them play secret agent.
[53:02.400 --> 53:20.400] So you look on the Internet and find his name there and send a criminal complaint against the trustee to the SAC, the local SAC, against this trustee.
[53:20.400 --> 53:21.400] Okay.
[53:21.400 --> 53:24.400] Local agent for the FBI.
[53:24.400 --> 53:27.400] Special agent in charge.
[53:27.400 --> 53:29.400] Okay.
[53:29.400 --> 53:31.400] He's the boss of them all.
[53:31.400 --> 53:50.400] You send the complaint to him directly so that when he, if you get an indication he doesn't act on it, or that he did not notice the attorney general in Washington, D.C. of the crime, then you get, if he doesn't, then you get filed against the SAC.
[53:50.400 --> 53:53.400] And he's not going to be happy if you do.
[53:53.400 --> 54:01.400] A trustee is not a judge, so they don't have the same influence or protection that judges do.
[54:01.400 --> 54:07.400] Trustee means he's supposed to be trustworthy to both sides.
[54:07.400 --> 54:11.400] You may have been to this guy's career, and he certainly deserves it.
[54:11.400 --> 54:20.400] But first thing, you want to get in discovery and find out what kind of investments this guy's got.
[54:20.400 --> 54:21.400] Oh yeah.
[54:21.400 --> 54:22.400] Okay.
[54:22.400 --> 54:26.400] At least go for it, and they'll know you're looking behind the curtain.
[54:26.400 --> 54:33.400] And if the trustee's smart, he'll step away and ask for another trustee to be appointed.
[54:33.400 --> 54:39.400] But even if he does, you should go after him criminally and look at filing suit against him.
[54:39.400 --> 54:58.400] You want to look at his record and see how many prosay bankruptcies, or how many bankruptcies concerning people in foreclosure that have been dismissed for lack of prosecution.
[54:58.400 --> 55:10.400] I talked to a retired bankruptcy attorney locally in New York that knows him very well, and said he's one of the biggest pricks around.
[55:10.400 --> 55:11.400] So good.
[55:11.400 --> 55:12.400] So good time to go after him.
[55:12.400 --> 55:16.400] You might get him out of there.
[55:16.400 --> 55:23.400] So I do want to also let you know that today was the due day for all the claims.
[55:23.400 --> 55:29.400] And the first lien holder waited until the last day to file their claim.
[55:29.400 --> 55:31.400] They filed it yesterday.
[55:31.400 --> 55:43.400] And the second lien holder on the property filed it right away, like within four days after we filed the bankruptcy case way back in July.
[55:43.400 --> 55:45.400] But the good news is we stopped the sale.
[55:45.400 --> 55:48.400] And he did the sale without any type of notice.
[55:48.400 --> 55:50.400] We didn't even know about it.
[55:50.400 --> 55:55.400] Luckily we had friends down there that say you got to come down and see what they're doing or posting your house up.
[55:55.400 --> 55:56.400] I said get out of here.
[55:56.400 --> 55:57.400] I flew down to the clerk's office.
[55:57.400 --> 55:58.400] There it was.
[55:58.400 --> 56:01.400] I was posting.
[56:01.400 --> 56:04.400] Even though there was a bankruptcy?
[56:04.400 --> 56:05.400] No.
[56:05.400 --> 56:08.400] Once they heard that we did bankruptcy, we didn't even know it was up for sale.
[56:08.400 --> 56:13.400] They never told us anything.
[56:13.400 --> 56:15.400] Interesting.
[56:15.400 --> 56:16.400] Okay.
[56:16.400 --> 56:19.400] Well, they didn't get it sold so you don't have a claim against them.
[56:19.400 --> 56:20.400] Right.
[56:20.400 --> 56:21.400] Yeah, okay.
[56:21.400 --> 56:22.400] Yeah, the Brady.
[56:22.400 --> 56:23.400] Exactly.
[56:23.400 --> 56:24.400] Yeah, exactly.
[56:24.400 --> 56:28.400] But I couldn't believe how the trustee treated my mom.
[56:28.400 --> 56:29.400] Okay.
[56:29.400 --> 56:33.400] Now you may have a claim against them conspiring with the trustee.
[56:33.400 --> 56:36.400] You may have a suit against both of them.
[56:36.400 --> 56:38.400] How do we prove that though?
[56:38.400 --> 56:40.400] Oh, look at, look, you don't have to.
[56:40.400 --> 56:41.400] Conspiracy.
[56:41.400 --> 56:45.400] Look at, you know, go down there and start digging in his records.
[56:45.400 --> 56:51.400] You want to see all of the cases this trustee has handled and go through them and see how
[56:51.400 --> 57:01.400] many were dismissed, how many with foreclosures that were dismissed for lack of prosecution.
[57:01.400 --> 57:04.400] And how do we get that list?
[57:04.400 --> 57:08.400] Oh, that, Pacer, everything's on Pacer.
[57:08.400 --> 57:09.400] Okay.
[57:09.400 --> 57:10.400] Yeah, you're at Pacer.
[57:10.400 --> 57:11.400] Yeah.
[57:11.400 --> 57:13.400] There's a, there's a, I'll put all of that.
[57:13.400 --> 57:16.400] Run the trustee's name on Pacer.
[57:16.400 --> 57:17.400] Okay.
[57:17.400 --> 57:19.400] Then you should find them.
[57:19.400 --> 57:22.400] How do we narrow it down just to pro se?
[57:22.400 --> 57:23.400] How do we do that?
[57:23.400 --> 57:25.400] We just got to go through case by case?
[57:25.400 --> 57:28.400] Yeah, just, you can flip through them.
[57:28.400 --> 57:31.400] And they've got a list.
[57:31.400 --> 57:36.400] Once you get a list of the cases, I think there's a docket that will show if they're,
[57:36.400 --> 57:41.400] they show the attorney's name and if they don't have an attorney's name, they're pro se.
[57:41.400 --> 57:43.400] Yes, exactly.
[57:43.400 --> 57:44.400] Right.
[57:44.400 --> 57:45.400] Exactly.
[57:45.400 --> 57:48.400] Because then you start, you look at those and you start calling these people and if
[57:48.400 --> 57:52.400] you can get two or three people to say, well, he told us not to be there, then they dismiss
[57:52.400 --> 57:53.400] the case.
[57:53.400 --> 57:56.400] He's toast.
[57:56.400 --> 57:58.400] I ordered the transcripts.
[57:58.400 --> 58:02.400] The transcripts are absolutely superb.
[58:02.400 --> 58:04.400] I was so happy for my mom for the first time.
[58:04.400 --> 58:08.400] I was actually happy for her and she did a great job, Randy.
[58:08.400 --> 58:13.400] I don't know exactly all of the verbatim she said, but we had a little template for her
[58:13.400 --> 58:17.400] to read into the record and how they were trying to move forward on dismissal when the
[58:17.400 --> 58:20.400] extension was already granted for 45 days.
[58:20.400 --> 58:24.400] Now, get this, the judge issues the order for extension on August the 7th and on August
[58:24.400 --> 58:28.400] the 10th, he follows the motion that dismissed for lack of prosecution.
[58:28.400 --> 58:32.400] That should get, did you follow Bargreef's against him?
[58:32.400 --> 58:35.400] I didn't even think about it.
[58:35.400 --> 58:41.400] It's not even crossing my mind because it's like we're in a new ballgame now.
[58:41.400 --> 58:44.400] It's like going from NFL football to tennis.
[58:44.400 --> 58:45.400] Okay, hang on.
[58:45.400 --> 58:46.400] About to go to break.
[58:46.400 --> 58:50.400] Randy Kelton, we'll be right back.
[58:50.400 --> 58:54.400] Would you like to make more definite progress in your walk with God?
[58:54.400 --> 58:59.400] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.400 --> 59:00.400] can really help.
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[59:05.400 --> 59:06.400] today.
[59:06.400 --> 59:10.400] It's an accurate translation and it contains thousands of footnotes that will help you
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[59:13.400 --> 59:18.400] The free books are a three volume set called basic elements of the Christian life.
[59:18.400 --> 59:24.400] Chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation,
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[59:27.400 --> 59:33.400] To order your free New Testament recovery version and basic elements of the Christian life,
[59:33.400 --> 59:40.400] call Bibles for America toll free at 888-551-0102.
[59:40.400 --> 59:44.400] That's 888-551-0102.
[59:44.400 --> 59:49.400] Or visit us online at bfa.org.
[59:49.400 --> 59:59.400] You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:19.400 --> 01:00:31.400] Markets for the 11th of April 2018 close with gold $1,353.22 an ounce, silver $16.68 an ounce,
[01:00:31.400 --> 01:00:43.400] Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereum at $420.80, bitcoin cash at $652.90,
[01:00:43.400 --> 01:00:55.400] and finally litecoins at $114.34 a cryptocoin.
[01:00:55.400 --> 01:01:02.400] Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968,
[01:01:02.400 --> 01:01:08.400] which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:08.400 --> 01:01:12.400] It also prohibited unequal application of voter registration requirements, racial segregation,
[01:01:12.400 --> 01:01:17.400] and public schools, and employment, and public accommodations for places of business.
[01:01:17.400 --> 01:01:23.400] Today in history.
[01:01:23.400 --> 01:01:29.400] In recent news, tensions in Syria seem to have reached new levels after a chemical attack on civilians in the city of Douma,
[01:01:29.400 --> 01:01:34.400] which left 40 dead and many injured, an attack which is being blamed on the democratically elected president of Syria,
[01:01:34.400 --> 01:01:38.400] Bashar al-Assad, by the United States, and on Israel by Russia.
[01:01:38.400 --> 01:01:42.400] Either accusatory narrative without any verified evidence as of yet.
[01:01:42.400 --> 01:01:48.400] President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:01:48.400 --> 01:01:51.400] get ready, Russia, because they will be coming in nice and new and smart.
[01:01:51.400 --> 01:01:57.400] Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:57.400 --> 01:02:05.400] Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:05.400 --> 01:02:14.400] Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the site of the chemical slaughter.
[01:02:14.400 --> 01:02:22.400] Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria
[01:02:22.400 --> 01:02:31.400] and anti-Assad Syrian rebels that are openly being funded by Western governments, with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:31.400 --> 01:02:39.400] No surprise, then, why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook that smart missiles should be fired at terrorists
[01:02:39.400 --> 01:02:43.400] and not at a legitimate government, which has been fighting terrorists.
[01:02:43.400 --> 01:02:50.400] Or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[01:02:50.400 --> 01:03:01.400] This was Kirk Rody with your lowdown for April 11, 2018.
[01:03:20.400 --> 01:03:47.400] Okay, we are back.
[01:03:47.400 --> 01:03:57.400] Randy Kelton with our radio. We're talking to Shane in New York, and Shane, you might have really stepped into a good one.
[01:03:57.400 --> 01:04:02.400] Well, if this guy pulls something that blatant...
[01:04:02.400 --> 01:04:17.400] The amazing thing is, I told my mom, because I've been through the rodeo many times, Randy, I know how these guys play. I know how they play, and I just told her, just wait.
[01:04:17.400 --> 01:04:23.400] Meanwhile, my dad was with us. She goes, no, no, I gotta go golfing. He said, so everything's okay, we can go, we can get out of here.
[01:04:23.400 --> 01:04:35.400] Randy was thinking about golf balls. I can see the golf balls floating over his head. He was waiting in the car for us, and he was calling us.
[01:04:35.400 --> 01:04:42.400] I said, don't you dare answer your phone. You're staying right here in court until he calls our name, because I guarantee he's going to pull something shady.
[01:04:42.400 --> 01:04:50.400] He did. We were only with him for five minutes, Randy. His name is Albert, probably in his mid-70s.
[01:04:50.400 --> 01:04:58.400] We had some simple questions like, is our adversary complaint still due on November 16th? Is it going to push it up because the extension was granted?
[01:04:58.400 --> 01:05:07.400] A simple question like that, he goes, I can't give you a legal advice. He had his assistant, Janet, man, oh man, these people are evil, Randy. Evil people.
[01:05:07.400 --> 01:05:11.400] Go after him. You have a shot at this guy. Big time.
[01:05:11.400 --> 01:05:20.400] He goes, we just asked him simple questions. Is the scheduling order going to be the same because the extension was granted for 45 days?
[01:05:20.400 --> 01:05:29.400] He goes, I can't give you a legal advice. Right off the bat, he was not a friendly person at all. Real typical scourge from Christmas.
[01:05:29.400 --> 01:05:36.400] Just a nasty thought. In my poor mom, I feel so bad for her because she's getting close to seven years old now.
[01:05:36.400 --> 01:05:40.400] She worked her whole life and now she's being treated like this.
[01:05:40.400 --> 01:05:52.400] Good. Now you have a shot at him. Do your research. She's done that to you this blatant. He's absolutely guaranteed he's done it to other people.
[01:05:52.400 --> 01:06:01.400] And why would he do a thing like that? Why would he take that risk? It's always about the money.
[01:06:01.400 --> 01:06:15.400] It started in his background. Go check the public record and see if you can find out where he lives, where he has lived, find out where he went to school,
[01:06:15.400 --> 01:06:25.400] find neighborhoods that he would have had connection to, and then check those counties for his name on properties.
[01:06:25.400 --> 01:06:32.400] And when you find those properties, see how many deeds of trust are on those properties and how quickly they were paid off.
[01:06:32.400 --> 01:06:37.400] That's a favorite way of laundering payoff money.
[01:06:37.400 --> 01:06:47.400] Wow. Okay. So just to just go over this real quick, contact the FBI, file complaint with the FBI.
[01:06:47.400 --> 01:06:53.400] And what we're looking for is the special agent in charge of our area.
[01:06:53.400 --> 01:06:58.400] Yes. Is that correct? Yes. Before you do that, do your homework.
[01:06:58.400 --> 01:07:02.400] Okay. Find out what you're saying.
[01:07:02.400 --> 01:07:07.400] You can file a motion to disqualify the trustee.
[01:07:07.400 --> 01:07:09.400] Right. I was going to ask you that.
[01:07:09.400 --> 01:07:14.400] That should slow things down and give you time to do your homework.
[01:07:14.400 --> 01:07:19.400] I ordered the transcripts. We won't have them for another week or two, but our next hearing is until November 6th.
[01:07:19.400 --> 01:07:24.400] So as long as we get that motion filed before the next hearing. Do that enough time.
[01:07:24.400 --> 01:07:30.400] Yeah. Do your homework. You may have this guy. You may have the whole thing.
[01:07:30.400 --> 01:07:46.400] You can go back after him, and if you can show a pattern of this kind of behavior, then you can allege that he's acting in concert inclusion with the banks.
[01:07:46.400 --> 01:07:51.400] I think. Yeah. Conspiracy can be implied.
[01:07:51.400 --> 01:07:58.400] And then you can move to investigate his finances.
[01:07:58.400 --> 01:08:04.400] Find some evidence for the special agent in charge that he might pick it up.
[01:08:04.400 --> 01:08:11.400] It's amazing you just said that because I was suing the referee regarding the second lean holder.
[01:08:11.400 --> 01:08:17.400] And we had a hearing or trial to know the hearing just recently, like maybe like what, three weeks ago?
[01:08:17.400 --> 01:08:24.400] And I was suing the referee and he brought up that he has been talking to the trustee in a small claims matter.
[01:08:24.400 --> 01:08:26.400] I was suing him in a small claims matter.
[01:08:26.400 --> 01:08:30.400] They said, I talked to the trustee and there's a bankruptcy case.
[01:08:30.400 --> 01:08:33.400] So this case has to be dismissed because it's already in bankruptcy.
[01:08:33.400 --> 01:08:42.400] He filed that case way back in, but maybe like April 2018 against the referee because he filed a fraudulent, you know, referee report.
[01:08:42.400 --> 01:08:46.400] We have referee reports here in New York, Randy.
[01:08:46.400 --> 01:08:48.400] And I was suing him because...
[01:08:48.400 --> 01:08:51.400] You may be able to show a pattern.
[01:08:51.400 --> 01:08:53.400] Well, yeah, that's what that's what I was saying.
[01:08:53.400 --> 01:08:58.400] The referee should have never said that, but he went ahead and said, I already communicated with the trustee on this case.
[01:08:58.400 --> 01:09:03.400] And, you know, he needs permission from the trustee to move forward.
[01:09:03.400 --> 01:09:06.400] I said, no, I'm not even a party of the bankruptcy.
[01:09:06.400 --> 01:09:07.400] I'm the quick claim.
[01:09:07.400 --> 01:09:11.400] I own the property and you guys haven't served me yet and you've even put me in a referee report.
[01:09:11.400 --> 01:09:15.400] You guys are ignoring me and I'm the true owner of the property.
[01:09:15.400 --> 01:09:24.400] And the judge says, well, you're not the true owner of the property because this case was filed before you became the owner of the property.
[01:09:24.400 --> 01:09:29.400] You file a petition for intervention.
[01:09:29.400 --> 01:09:31.400] Okay.
[01:09:31.400 --> 01:09:36.400] Do that and then you become a party.
[01:09:36.400 --> 01:09:43.400] Intervention, I filed a motion for joiner and that was denied.
[01:09:43.400 --> 01:09:44.400] Okay.
[01:09:44.400 --> 01:09:48.400] Is that the interlocutory appeal?
[01:09:48.400 --> 01:09:49.400] Yeah, well, we're in big...
[01:09:49.400 --> 01:09:50.400] Okay.
[01:09:50.400 --> 01:09:51.400] No, joint is not correct.
[01:09:51.400 --> 01:09:53.400] You need to file a petition for intervention.
[01:09:53.400 --> 01:09:56.400] Did you claim that you...
[01:09:56.400 --> 01:09:57.400] Okay.
[01:09:57.400 --> 01:10:04.400] You're joined or was that a claim that you were an interested party?
[01:10:04.400 --> 01:10:06.400] Yes, because I have the quick claim.
[01:10:06.400 --> 01:10:07.400] Okay.
[01:10:07.400 --> 01:10:08.400] It doesn't matter what you call it.
[01:10:08.400 --> 01:10:09.400] It was a petition for intervention.
[01:10:09.400 --> 01:10:13.400] That should get an interlocutory appeal.
[01:10:13.400 --> 01:10:15.400] All right.
[01:10:15.400 --> 01:10:18.400] They do have those forms in New York, by the way.
[01:10:18.400 --> 01:10:19.400] Yes.
[01:10:19.400 --> 01:10:25.400] So filing an interlocutory, how long ago was that?
[01:10:25.400 --> 01:10:30.400] It was filed in July 2018.
[01:10:30.400 --> 01:10:33.400] It was denied and I think it was denied on the 20th.
[01:10:33.400 --> 01:10:37.400] The judge still has not signed the order, by the way.
[01:10:37.400 --> 01:10:38.400] Okay.
[01:10:38.400 --> 01:10:44.400] In a petition for a writ of mandamus, asking the court to order the judge to sign the order,
[01:10:44.400 --> 01:10:50.400] are they required to give findings of fact and conclusions at law?
[01:10:50.400 --> 01:10:52.400] They're supposed to, Randy.
[01:10:52.400 --> 01:10:53.400] Good.
[01:10:53.400 --> 01:10:55.400] Then request...
[01:10:55.400 --> 01:10:59.400] Ask the court to issue an...
[01:10:59.400 --> 01:11:05.400] A mandamus ordering the court to issue an order so that you can request findings of fact.
[01:11:05.400 --> 01:11:11.400] Now, since it's in bankruptcy court, the state court can't really move on.
[01:11:11.400 --> 01:11:13.400] It's locked down.
[01:11:13.400 --> 01:11:16.400] This is administrative.
[01:11:16.400 --> 01:11:17.400] Okay.
[01:11:17.400 --> 01:11:20.400] They can't do anything substantive.
[01:11:20.400 --> 01:11:24.400] So I can still file something in the state court as it's pending in...
[01:11:24.400 --> 01:11:25.400] All right.
[01:11:25.400 --> 01:11:31.400] This is a ruling the judge has already supposedly made, but he just hasn't signed the order.
[01:11:31.400 --> 01:11:32.400] She hasn't.
[01:11:32.400 --> 01:11:33.400] Yeah.
[01:11:33.400 --> 01:11:35.400] That's just an administrative step.
[01:11:35.400 --> 01:11:44.400] She can ask the court of appeals to order him to sign the order so that you can...
[01:11:44.400 --> 01:11:51.400] Well, if everything's stopped, then it doesn't matter until it starts again, but you may run out of time.
[01:11:51.400 --> 01:11:56.400] If you file for a...
[01:11:56.400 --> 01:12:00.400] I'd have to look at New York law.
[01:12:00.400 --> 01:12:05.400] Bankruptcy, it should stop the clock on everything.
[01:12:05.400 --> 01:12:06.400] It does.
[01:12:06.400 --> 01:12:08.400] In fact, we just got a letter from her.
[01:12:08.400 --> 01:12:10.400] I'm looking at it right now.
[01:12:10.400 --> 01:12:17.400] They just got a letter from her this week, and it says,
[01:12:17.400 --> 01:12:35.400] They're Mr. Case, which is the attorney for Key Bank and Mrs. Buzyk, please be advised that the automatic stay imposed pursuant to 11 USC section 362A with respect to better Defended Blank Chapter 13.
[01:12:35.400 --> 01:12:37.400] Chapter 13 bankruptcy filing.
[01:12:37.400 --> 01:12:43.400] The court is without authority to issue any order regarding the above donor foreclosure.
[01:12:43.400 --> 01:12:44.400] Okay.
[01:12:44.400 --> 01:12:45.400] Good.
[01:12:45.400 --> 01:12:47.400] It's not stopped until you...
[01:12:47.400 --> 01:12:51.400] As soon as the bankrupt is over, then you go back and request an order.
[01:12:51.400 --> 01:12:57.400] They may issue one then, then you can ask for findings of fact.
[01:12:57.400 --> 01:13:00.400] Well, they denied the motion for jointers.
[01:13:00.400 --> 01:13:04.400] They said it had no merit, and it was not done timely.
[01:13:04.400 --> 01:13:08.400] And if you wanted to be joined in the case, it should have been done before the foreclosure case started.
[01:13:08.400 --> 01:13:12.400] That's what their excuses were.
[01:13:12.400 --> 01:13:21.400] Did you have a quick claim before the foreclosure case started?
[01:13:21.400 --> 01:13:22.400] No.
[01:13:22.400 --> 01:13:24.400] Then that's all nonsense.
[01:13:24.400 --> 01:13:30.400] When you became a party, so that should get it in a lockatory.
[01:13:30.400 --> 01:13:34.400] After you've got findings of fact.
[01:13:34.400 --> 01:13:35.400] Okay.
[01:13:35.400 --> 01:13:42.400] Yeah, there did I always base that, that it was not done timely.
[01:13:42.400 --> 01:13:45.400] And Randy, can I just tell you something else too?
[01:13:45.400 --> 01:13:46.400] Yeah.
[01:13:46.400 --> 01:13:48.400] My mom was so stressed out.
[01:13:48.400 --> 01:13:49.400] She says, I can't deal with this.
[01:13:49.400 --> 01:13:54.400] She just signed the whole property over to me and was thinking that I could take over the whole case.
[01:13:54.400 --> 01:13:59.400] And I would be doing all, you know, going in accord and do what I got to do.
[01:13:59.400 --> 01:14:00.400] That's the reason why we did it.
[01:14:00.400 --> 01:14:02.400] That's the reason why we did it.
[01:14:02.400 --> 01:14:08.400] And I still had to bring her to court with me and they still made her the real party of interest.
[01:14:08.400 --> 01:14:12.400] Although she doesn't own the property anymore.
[01:14:12.400 --> 01:14:15.400] Okay, that should get it in a lockatory.
[01:14:15.400 --> 01:14:18.400] Okay.
[01:14:18.400 --> 01:14:21.400] Thank you very much, Randy.
[01:14:21.400 --> 01:14:26.400] And one more thing I wanted to tell you really quick before you get to your next caller.
[01:14:26.400 --> 01:14:32.400] Why did the first lane holder wait so long to file their claim?
[01:14:32.400 --> 01:14:35.400] They waited until the last, the very last second, the very last day.
[01:14:35.400 --> 01:14:37.400] Is that music in the background?
[01:14:37.400 --> 01:14:39.400] Yeah, they just probably had a big stack of stuff.
[01:14:39.400 --> 01:14:41.400] No, we've got two minutes left.
[01:14:41.400 --> 01:14:47.400] Okay, so they just, they just probably were busy and got to it when they had to get to it.
[01:14:47.400 --> 01:14:51.400] They ran out of time and put something together and filed it in.
[01:14:51.400 --> 01:15:01.400] But I even talked to the Federal National Mortgage Association and they clearly stated that they're not the record beneficiary of this mortgage.
[01:15:01.400 --> 01:15:08.400] Why they're using, why they're using their name for the, for being the real party of interest and as for border actions, beyond them.
[01:15:08.400 --> 01:15:16.400] And they sent it over to phone to us because they split the captions from HSBC to the Federal National Mortgage Association.
[01:15:16.400 --> 01:15:21.400] Okay, that's too complex. I'd have to see what's been filed in the record.
[01:15:21.400 --> 01:15:25.400] Who holds what when and where? I don't know who's on first.
[01:15:25.400 --> 01:15:31.400] Exactly. Yeah, well, there is nobody on first. That's what I was trying to kid at.
[01:15:31.400 --> 01:15:34.400] They've, they have no interest in the property, HSBC.
[01:15:34.400 --> 01:15:41.400] They're going to leave party for the action and they changed the caption after somebody judge was granted.
[01:15:41.400 --> 01:15:48.400] That's too complex. That's in the middle of a lot of facts. I can't comment on that because you jumped right in the middle of something.
[01:15:48.400 --> 01:15:51.400] I'd need a whole lot of facts in order to address that.
[01:15:51.400 --> 01:15:55.400] Well, this is plenty for now. Thanks a lot, Randy. It was nice talking to you again.
[01:15:55.400 --> 01:15:59.400] And thank you.
[01:15:59.400 --> 01:16:01.400] Okay, take care.
[01:16:01.400 --> 01:16:07.400] Okay, now we're going to go to Ken in New York. Hello, Ken.
[01:16:07.400 --> 01:16:09.400] Hi, Randy. How are you doing?
[01:16:09.400 --> 01:16:13.400] I'm doing good. What do you have for us today?
[01:16:13.400 --> 01:16:16.400] I know, I shouldn't have even asked.
[01:16:16.400 --> 01:16:24.400] I heard Shane mentioned something that I know a little about.
[01:16:24.400 --> 01:16:38.400] Fairly to prosecute in New York is one year. It's in CP, the rules are in CPLR 3216, I believe, but if I'm wrong, you can find it between 3212 and 3216 somewhere.
[01:16:38.400 --> 01:16:45.400] Is this the same in bankruptcy? No, okay. This is not New York. This is bankruptcy. It's federal.
[01:16:45.400 --> 01:16:48.400] Oh, okay. I thought it was civil. All right.
[01:16:48.400 --> 01:17:03.400] No, bankruptcy is always federal. And one way they can get to that is if they've set a deadline and you didn't meet the deadline, then they can claim you failed to prosecute.
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[01:20:23.400 --> 01:20:36.400] Okay, we are back.
[01:20:36.400 --> 01:20:38.400] Randy Kelton, Ruvela Radio.
[01:20:38.400 --> 01:20:42.400] And I have a little trouble with my faders.
[01:20:42.400 --> 01:20:44.400] Okay, Randy Kelton, Ruvela Radio.
[01:20:44.400 --> 01:20:55.400] And Ken, if you don't mind, Deborah's got something she wants to address on the air with someone on a copyright issue.
[01:20:55.400 --> 01:20:58.400] And he's been holding for this for quite a while.
[01:20:58.400 --> 01:21:01.400] So she sent an appointment with him and missed the appointment.
[01:21:01.400 --> 01:21:02.400] So I'd like to take him first.
[01:21:02.400 --> 01:21:04.400] It won't take long.
[01:21:04.400 --> 01:21:06.400] Will you hang on?
[01:21:06.400 --> 01:21:10.400] Okay, yeah, I don't have a problem.
[01:21:10.400 --> 01:21:13.400] Okay, thank you, Ken.
[01:21:13.400 --> 01:21:17.400] I told her you were from New York and you know how people know it from New York.
[01:21:17.400 --> 01:21:21.400] They're really nice and gracious and all that kind of stuff.
[01:21:21.400 --> 01:21:26.400] Am I laying it on too thick?
[01:21:26.400 --> 01:21:31.400] I'm from Long Island.
[01:21:31.400 --> 01:21:34.400] Okay, thank you.
[01:21:34.400 --> 01:21:36.400] Okay, I'll get back to you shortly.
[01:21:36.400 --> 01:21:41.400] Okay, this is an issue that Deborah's been working on.
[01:21:41.400 --> 01:21:44.400] Matthew came to me first, but I didn't know anything about copyright.
[01:21:44.400 --> 01:21:49.400] So I sent him to Deb and Deb is more knowledgeable in this area.
[01:21:49.400 --> 01:21:50.400] Deb, are you there?
[01:21:50.400 --> 01:21:51.400] Yes, I am.
[01:21:51.400 --> 01:21:54.400] And thank you for holding, Ken.
[01:21:54.400 --> 01:22:00.400] Actually, I've been emailing with Matt here or Matthew back and forth several times this week.
[01:22:00.400 --> 01:22:09.400] And so anyways, I made an appointment with him to take his call shortly after 10 p.m. tonight.
[01:22:09.400 --> 01:22:11.400] And I was running late.
[01:22:11.400 --> 01:22:14.400] So anyways, I've put Matt off for an hour here already.
[01:22:14.400 --> 01:22:17.400] So anyways, thank you for being understanding on this matter, Ken.
[01:22:17.400 --> 01:22:23.400] All right, right now we have Matthew from a location outside the United States.
[01:22:23.400 --> 01:22:28.400] And he is calling on a copyright issue that he is having.
[01:22:28.400 --> 01:22:35.400] And yes, I am very familiar with intellectual property law because I am a producer.
[01:22:35.400 --> 01:22:40.400] And I produce this radio stream.
[01:22:40.400 --> 01:22:41.400] I produce all the radio shows.
[01:22:41.400 --> 01:22:43.400] I record them.
[01:22:43.400 --> 01:22:47.400] And I also produce music for my own band and other people's bands.
[01:22:47.400 --> 01:22:52.400] So I am very familiar with intellectual property issues.
[01:22:52.400 --> 01:22:55.400] And I do believe in intellectual property.
[01:22:55.400 --> 01:22:59.400] You know, this is just a little side note here.
[01:22:59.400 --> 01:23:06.400] There's a lot of people out there that are under some kind of a false, I would call it, illusion even,
[01:23:06.400 --> 01:23:14.400] that they think that just because a musician or producer, you know, releases their music to the quote,
[01:23:14.400 --> 01:23:18.400] public domain, which when people say that they don't even know what that means,
[01:23:18.400 --> 01:23:22.400] that they think that they have no right over it anymore because they've released it into the public domain.
[01:23:22.400 --> 01:23:25.400] Well, that's not the case.
[01:23:25.400 --> 01:23:35.400] If I make something, if I build something, whether it's a documentary film or a recorded piece of music
[01:23:35.400 --> 01:23:40.400] or even producing this radio show for that matter, then it's mine.
[01:23:40.400 --> 01:23:41.400] I built it.
[01:23:41.400 --> 01:23:42.400] I made it.
[01:23:42.400 --> 01:23:50.400] I bought the equipment that was used to produce it, to record it, paying for the internet,
[01:23:50.400 --> 01:23:52.400] you know, the infrastructure.
[01:23:52.400 --> 01:23:53.400] It's mine.
[01:23:53.400 --> 01:23:56.400] It's just like if you built a house, it's your house.
[01:23:56.400 --> 01:24:02.400] And you have the right to decide who you want to invite to your house, to your property.
[01:24:02.400 --> 01:24:07.400] You have the right to say, I don't want you taking a picture of my house,
[01:24:07.400 --> 01:24:12.400] or if you take a picture of my house, then you have to pay me for it.
[01:24:12.400 --> 01:24:13.400] It's your property.
[01:24:13.400 --> 01:24:14.400] You built it.
[01:24:14.400 --> 01:24:17.400] You have the right to license the use of it.
[01:24:17.400 --> 01:24:20.400] In fact, that's what an apartment is.
[01:24:20.400 --> 01:24:22.400] That's what paying rent is.
[01:24:22.400 --> 01:24:25.400] A landlord, they are licensing the use of their property.
[01:24:25.400 --> 01:24:31.400] They have the right to decide who they want to allow to live there and what the terms are
[01:24:31.400 --> 01:24:34.400] and can you paint it and all these kinds of things.
[01:24:34.400 --> 01:24:43.400] So when it comes to intellectual property like film and photographs and music and all these kinds of things,
[01:24:43.400 --> 01:24:50.400] you know, the producer, the owner always retains what's called the master.
[01:24:50.400 --> 01:24:54.400] The original piece of art or original piece of property that they built.
[01:24:54.400 --> 01:25:00.400] And what's out there, if you even want to call it the public domain, which is another term of art,
[01:25:00.400 --> 01:25:02.400] that's not the master.
[01:25:02.400 --> 01:25:10.400] You're not just throwing out your original building work into the ether and saying,
[01:25:10.400 --> 01:25:11.400] oh, well, too bad.
[01:25:11.400 --> 01:25:13.400] I don't have control over it anymore.
[01:25:13.400 --> 01:25:17.400] No, what you're doing is you're licensing the use of a copy of it.
[01:25:17.400 --> 01:25:22.400] Just like if you own a house and you don't want people taking the pictures of the inside of your house
[01:25:22.400 --> 01:25:26.400] or the outside of your house for that matter, you have the right to say so
[01:25:26.400 --> 01:25:34.400] and you have the right to say, I want to charge you if you're going to use those pictures or even take them.
[01:25:34.400 --> 01:25:36.400] It's the same thing.
[01:25:36.400 --> 01:25:41.400] It's a picture of the original work and whoever built it owns it.
[01:25:41.400 --> 01:25:43.400] Whoever records it owns it.
[01:25:43.400 --> 01:25:45.400] That's the deal.
[01:25:45.400 --> 01:25:51.400] And so the builder, the owner, has the producer, has the right to say,
[01:25:51.400 --> 01:25:57.400] I am going to charge X amount of money for you to enjoy a copy of what I built.
[01:25:57.400 --> 01:25:59.400] Simple.
[01:25:59.400 --> 01:26:06.400] There's other issues when it comes to songwriting or ideas or patents.
[01:26:06.400 --> 01:26:13.400] A lot of people have trouble with the patent thing because they don't like the idea of patenting an idea.
[01:26:13.400 --> 01:26:16.400] How can you copyright an idea?
[01:26:16.400 --> 01:26:22.400] Well, it's a lot more complicated than that and I'm sure Randy can speak to that if we had more time.
[01:26:22.400 --> 01:26:24.400] He may make a comment.
[01:26:24.400 --> 01:26:29.400] However, the issue is it's more than an idea.
[01:26:29.400 --> 01:26:32.400] You're building a design.
[01:26:32.400 --> 01:26:34.400] So that is also a building.
[01:26:34.400 --> 01:26:43.400] Even if the prototype hasn't come into the material realm yet, you still have a building there as far as a design.
[01:26:43.400 --> 01:26:46.400] So yes, I believe in patents of designs as well.
[01:26:46.400 --> 01:26:57.400] So I just wanted to put out some of those ideas and comments there concerning copyright so that the listeners understand where I'm coming from.
[01:26:57.400 --> 01:27:04.400] You're not just throwing things out there and as far as the recordings of these radio shows.
[01:27:04.400 --> 01:27:09.400] For example, I do have, that is my property because I'm the producer.
[01:27:09.400 --> 01:27:10.400] I built it.
[01:27:10.400 --> 01:27:11.400] I recorded it.
[01:27:11.400 --> 01:27:19.400] I own it and I'm licensing the use of it to our listeners but it is under what's called a free license use agreement.
[01:27:19.400 --> 01:27:23.400] I don't charge for the downloads of the archives.
[01:27:23.400 --> 01:27:25.400] I don't charge for the podcast.
[01:27:25.400 --> 01:27:29.400] Some people charge for their podcast and they have every right to do that.
[01:27:29.400 --> 01:27:31.400] I do not charge for the archives.
[01:27:31.400 --> 01:27:40.400] You can download them for free under the standard terms of copyright for a free use license agreement.
[01:27:40.400 --> 01:27:51.400] The only thing I ask is that once you've downloaded the archives that I have produced that you don't go and sell them because I'm not even selling them.
[01:27:51.400 --> 01:27:55.400] No one's ever done that.
[01:27:55.400 --> 01:28:12.400] Anyway, I just wanted to put out some ideas there about copyright because a lot of people are under a very mistaken delusion that just because a song is floating around on the Internet that that means that the producer and the owner doesn't have any right over it anymore.
[01:28:12.400 --> 01:28:14.400] That is preposterous.
[01:28:14.400 --> 01:28:26.400] I have to say in the Hardcore Libertarian crew that it's a very divided community on this issue as far as who believes in intellectual property and who doesn't.
[01:28:26.400 --> 01:28:32.400] I can tell you where the dividing line is from what I've seen in my experience in the Hardcore Libertarian community.
[01:28:32.400 --> 01:28:52.400] The people that have actually built something and invested money to build something and put in a lot of work and training to learn how to build something like to produce a documentary film or to produce an audio CD or to produce talk radio.
[01:28:52.400 --> 01:29:02.400] The people that have actually built something, they believe in intellectual property because they know it's their property. They know they built it and they know they have the right to license the use of it.
[01:29:02.400 --> 01:29:06.400] The people who have never built anything, they don't believe in it.
[01:29:06.400 --> 01:29:08.400] Go figure, right?
[01:29:08.400 --> 01:29:10.400] Matt, I know you're still there.
[01:29:10.400 --> 01:29:15.400] I just wanted to make some comments about intellectual property before we go to your issue.
[01:29:15.400 --> 01:29:18.400] Randy, do you have any comments on patenting a design?
[01:29:18.400 --> 01:29:22.400] I do believe in that. I believe that's something that people build as well.
[01:29:22.400 --> 01:29:32.400] We're about to go to break, so I just wanted to say that Deborah is a producer and all those hosts were her slaves.
[01:29:32.400 --> 01:29:34.400] Oh, come on!
[01:29:34.400 --> 01:29:51.400] But yeah, I design stuff. I'm building a project right now that I've spent 12 years building. I would be annoyed if somebody took my project and profited from it and blew me out on it.
[01:29:51.400 --> 01:29:56.400] Hang on, about to go to break. Randy Kelton, with Deborah Stevens, we'll be right back.
[01:29:56.400 --> 01:30:07.400] Did you know the sound of your voice could be used like a fingerprint to identify you?
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[01:31:22.400 --> 01:31:30.400] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.400 --> 01:31:36.400] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
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[01:33:01.400 --> 01:33:04.400] You are listening to the Logos Radio Network.
[01:33:04.400 --> 01:33:33.400] LogosRadioNetwork.com.
[01:33:34.400 --> 01:33:38.400] Tonight is September 28th, Friday, September 28th.
[01:33:38.400 --> 01:33:47.400] And Matthew, sorry to keep you holding for another segment, but I just felt I needed to have a little prelude there concerning intellectual property
[01:33:47.400 --> 01:33:51.400] because there's a lot of misconceptions about it, especially in the Liberty community.
[01:33:51.400 --> 01:33:58.400] So Matthew, we've been emailing some this past week and you just sent me another email, so I have more information.
[01:33:58.400 --> 01:34:01.400] Let's get our listeners up to speed here.
[01:34:01.400 --> 01:34:08.400] Can you tell us what is going on with your intellectual property copyright issue?
[01:34:08.400 --> 01:34:23.400] Sure. A few, maybe about a month or so ago, one of my contractors who regularly writes content for me posted a blog entry on the company blog
[01:34:23.400 --> 01:34:33.400] and in it he had grabbed an image off of Google Images, which he'd done like several hundred times before for other articles.
[01:34:33.400 --> 01:34:43.400] And we got him noticed from a company claiming to represent the owner of the image.
[01:34:43.400 --> 01:34:58.400] So, you know, wanting to be responsible and knowing that the Internet's full of scam, we just ask, you know, could you substantiate your relationship to the image owner first
[01:34:58.400 --> 01:35:04.400] so that we know that if we owe someone something, we can pay them and we're paying the right party.
[01:35:04.400 --> 01:35:15.400] In all of our subsequent correspondence, they've never answered the question of how to substantiate, you know, their relationship to the company.
[01:35:15.400 --> 01:35:25.400] So we did some background research and we could find nothing online to indicate that that company represents the party that owns the image.
[01:35:25.400 --> 01:35:38.400] Now, we've taken the image down, we've taken the whole article down because we do want to respect their copyright, and we've also implemented some internal company policies to prevent this from happening in the future.
[01:35:38.400 --> 01:35:49.400] But that's basically where we're at. They're asking us to pay like $1,100 for the image, but they're not willing to tell us, give us evidence that they represent the owner.
[01:35:49.400 --> 01:36:10.400] Okay, so yes, and that's a really good summary. And so just to go over a few more details concerning the Google Images thing, and I want to, you know, just clarify this also so that other listeners maybe won't end up in a situation or they may,
[01:36:10.400 --> 01:36:26.400] even if they do due diligence ahead of time, please people, just because you use a search engine, whether it's Google or whatever else, to do an image search and all of these images appear,
[01:36:26.400 --> 01:36:46.400] or if you go to like a clip art page or website or something like that, that doesn't mean that you can just start grabbing and, you know, saving, whether it's graphic art or photographs, to use on your own blog or website without getting permission because you could get in trouble.
[01:36:46.400 --> 01:37:05.400] And typically, say for example, okay, my band, we recorded a CD just a few years back, and it had a certain concept, and we were browsing, you know, looking online to get ideas so that we could either build our own image or take our own pictures
[01:37:05.400 --> 01:37:13.400] or maybe, you know, contract with somebody to use their stuff. Well, we found a photograph that was just perfect for our concept.
[01:37:13.400 --> 01:37:29.400] Okay, it was absolutely perfect. The name of the band was Three Shoes Posse, and, you know, our sleet singer Pat would wear certain kind of boots, and Jerry would wear certain kind of boots, shoes, and I would wear certain kind of shoes, you know, pretty much all the time.
[01:37:29.400 --> 01:37:43.400] And then we found this picture of these three shoes in the grass, like with frost on them, and it was like, it was two men's shoes in like the big boot size for Pat and a size for Jerry and then a woman's shoe for me.
[01:37:43.400 --> 01:37:49.400] And I was like, this is just like devying intervention or something. We have to use this picture.
[01:37:49.400 --> 01:38:04.400] So we contacted the owner, and she made us a very reasonable offer, and it all worked out fine. But anyway, so I just wanted to let people know that just because pictures are on the Internet or on a web search engine, that doesn't mean that they're just free to do whatever you want with.
[01:38:04.400 --> 01:38:26.400] Now, when you do image searches with a search engine, when you click on them, like a little drop down thing will drop down, and it'll have the website URL of where that image came from, and then you can click on that and go to that website so that you'll know where it actually came from.
[01:38:26.400 --> 01:38:51.400] And so, Matthew, we were talking on one of the breaks that you said that after y'all got this letter that you went back and put in the same keywords into the search engine on an image search so that you could chase down, you know, where this image, where y'all actually, where the original website was that it actually came from, right?
[01:38:51.400 --> 01:39:06.400] And so that you could try to put the pieces together, see if you could determine on your own just who the original owner was or is. And you were saying that, can I say the name of who you determined to own the image?
[01:39:06.400 --> 01:39:18.400] I suppose it's okay to say, but I have confirmed, I sent you an email saying it is. The party they claimed to own it really does seem to own it.
[01:39:18.400 --> 01:39:33.400] Okay, yes. The party that they claim owned it really does seem to own it. Okay, so we can just leave it at that. And the party that you told me owns it, I believe probably does own it, okay, without giving any more information away.
[01:39:33.400 --> 01:39:55.400] You know, I sent you another link and it's clearly the same image and they say they own it. And I have only one clarification on what I see here is that it says that if the content is intended for editorial use only, for other uses additional clearance may be required.
[01:39:55.400 --> 01:40:14.400] Okay, so there you go. The original owner, we've pretty much determined, this is the original owner, they say that they, they're allowing the public to use this image for editorial purposes, but any further use, in other words, commercial use requires clearance.
[01:40:14.400 --> 01:40:30.400] And this is standard. Okay, this falls under what's called the fair use intellectual property doctrine. Okay, for example, bumper music. Okay, all the listeners hear the bumpers that go in, going in and out of the segment.
[01:40:30.400 --> 01:40:42.400] All of that is not mine. Well, on this show, most of it's mine except for like, you know, the bad boys and then the Peter Tosh song at the end. But for all the other host shows, it's other people's music.
[01:40:42.400 --> 01:40:54.400] Well, I don't have to contact the owner of that and pay them a licensing fee through ASCAP or BMI or something or get a master use license agreement, because the use of bumpers is falling under fair use.
[01:40:54.400 --> 01:41:08.400] I'm using it in a sense for editorial for commentary purposes. And plus, we're not broadcasting music. I'm not a DJ. We don't play the songs in full. The hosts are talking over the music as it fades in and out, that sort of thing.
[01:41:08.400 --> 01:41:24.400] Okay, so and also like for news organizations, for political commentary, you can pull images and graphics and things like that to use for political commentary purposes for editorial purposes. Documentary films do this all the time.
[01:41:24.400 --> 01:41:40.400] They put together compilations of like news reports, like when I worked on a noble lie about the Oklahoma City bombing and there was a compilation of all these different news reports of what was going on at the time. We didn't have to pay for all of that because that's fair use.
[01:41:40.400 --> 01:41:44.400] We're using it for educational purposes, commentary purposes. So that makes sense.
[01:41:44.400 --> 01:42:07.400] All right, so we're, we've determined that we know who the owner is and what their terms are. And you, I don't think you have contacted them yet. Now, as far as the letter is concerned, when I first got the email and I saw what this company was trying to do to you guys,
[01:42:07.400 --> 01:42:14.400] immediately the first thing I thought was, this is scam. This sounds like a scam. Okay.
[01:42:14.400 --> 01:42:22.400] I have a comment here. Matthew, those people do not own that, they do not represent the company that owns that.
[01:42:22.400 --> 01:42:24.400] Well, wait, wait, wait, wait, Randy.
[01:42:24.400 --> 01:42:26.400] I do. You got to pay me.
[01:42:26.400 --> 01:42:31.400] Oh, Randy. Okay. Randy.
[01:42:31.400 --> 01:42:47.400] I have as much standing as they do. Well, wait a minute, wait a minute. There are companies, there are companies that like, if it's a major corporation that would, it could employ, you know, enforcement organizations.
[01:42:47.400 --> 01:42:58.400] Okay, but the point is, I mean, it's feasible that there could be a third party, right? But Matt is correct. Let's see. Let's see the contract. Let's see some proof here.
[01:42:58.400 --> 01:43:05.400] This is similar to the Mike Mirris method of the debt collections because all these debt collectors, they don't really represent the original creditor, right?
[01:43:05.400 --> 01:43:17.400] Okay, that's all a scam too. All right, so you have the right thought. And when I saw this, well, first off, when I first got the email, I didn't even know that this company was claiming to represent the original owner.
[01:43:17.400 --> 01:43:27.400] That information wasn't in the email I first got. It was just the nature of what they were saying, even though I hadn't seen the email or the letter they sent.
[01:43:27.400 --> 01:43:38.400] I was just like, this sounds like a scam because they were saying, you have so many days to respond and this offer is only open for another 10 days and blah, blah, blah.
[01:43:38.400 --> 01:43:48.400] I'm like, offer. What are they talking about? Offer. If they own this, it's going to be a certain terms and that's not going to change.
[01:43:48.400 --> 01:43:58.400] You're not going to charge you more if you don't respond. It sounded like a scam. Okay, we'll be back on the other side.
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[01:46:09.400 --> 01:46:15.400] Okay folks, we are back. This is Rule of Law with Randy Kelton and Deborah Stevens. We've only got one more segment left.
[01:46:15.400 --> 01:46:23.400] But Matthew, sorry, this isn't going to take much longer. I kind of had some things I need to say at the beginning.
[01:46:23.400 --> 01:46:34.400] But anyway, the point being, you send me the letter, you email me a PDF of the letter that this company sent you claiming to represent the owner, all right?
[01:46:34.400 --> 01:46:42.400] And so I looked at the letter and I was like, hmm, well, it might be real, but my spidey sense is still going off as a scam.
[01:46:42.400 --> 01:46:54.400] So I went to their website. I went to this company's website that sent you the letter and I was like, hmm, well, maybe, I don't know, let's see.
[01:46:54.400 --> 01:47:03.400] And so then I just, I looked on the website around for a while and they have a list of entities that they claim to represent, okay?
[01:47:03.400 --> 01:47:11.400] And the owner of the image that in question is not on that list, all right? So that's another red flag to me.
[01:47:11.400 --> 01:47:20.400] And so then I proceeded to just do some general internet searching on this company that sent you this letter and boom!
[01:47:20.400 --> 01:47:29.400] I hit half a dozen websites immediately, scam alert, scam alert, scam alert, fraudulent copyright enforcement.
[01:47:29.400 --> 01:47:36.400] This company is claiming to represent the owners of this, this, this and that and the other.
[01:47:36.400 --> 01:47:43.400] And they're sending people extortion letters, which is basically what it boils down to and it's a scam.
[01:47:43.400 --> 01:47:46.400] It was what I first thought, which is a scam.
[01:47:46.400 --> 01:47:56.400] And from this point forward, I mean, just from the limited research that I've done, I would say 99.99999.
[01:47:56.400 --> 01:47:58.400] This is a scam, all right?
[01:47:58.400 --> 01:48:06.400] Now concerning, but how to handle it from here, probably we just blow these people off altogether at this point in time,
[01:48:06.400 --> 01:48:09.400] especially if they haven't sent you a certified letter or anything like that.
[01:48:09.400 --> 01:48:14.400] You don't want to give them any more information about yourself or your company or contact information or anything.
[01:48:14.400 --> 01:48:24.400] However, concerning, but back to reality now, concerning the image in question that you want to use, okay?
[01:48:24.400 --> 01:48:32.400] Or any images in the future, you can just contact the copyright owner and ask for permission
[01:48:32.400 --> 01:48:39.400] and they'll either just let you do it as long, most of the time copyright image owners that are like major corporations,
[01:48:39.400 --> 01:48:51.400] they will allow bloggers and people that run websites to use their images free of charge as long as you credit them.
[01:48:51.400 --> 01:49:01.400] As long as you put on underneath the image by such-and-such company.com or whatever,
[01:49:01.400 --> 01:49:09.400] as long as you credit them and maybe even give a link to their website, it's like free advertising for them.
[01:49:09.400 --> 01:49:18.400] So they'll either charge you a very reasonable fee or they will say, yeah, just do it as long as you ping me.
[01:49:18.400 --> 01:49:21.400] As long as you put a ping back, a link back on your blog.
[01:49:21.400 --> 01:49:24.400] So I would recommend that for the future.
[01:49:24.400 --> 01:49:27.400] I told you I was the guy that represented them.
[01:49:27.400 --> 01:49:28.400] You should listen to me.
[01:49:28.400 --> 01:49:29.400] Okay, wait, hold on.
[01:49:29.400 --> 01:49:30.400] Matt's trying to say something.
[01:49:30.400 --> 01:49:32.400] Go ahead, Matt.
[01:49:32.400 --> 01:49:39.400] Yeah, as a company, what we've decided to do since we are developers and content creators ourselves,
[01:49:39.400 --> 01:49:42.400] we're not going to use anyone's copyright anymore.
[01:49:42.400 --> 01:49:46.400] We're just going to create our own image and that's an option.
[01:49:46.400 --> 01:49:49.400] I've got the means to do it, but you're absolutely correct.
[01:49:49.400 --> 01:49:51.400] That is the proper way to do it.
[01:49:51.400 --> 01:49:56.400] And it was just a failure on my staff's part to follow good protocol.
[01:49:56.400 --> 01:50:01.400] But in fairness to them, they felt that it all fell under fair use.
[01:50:01.400 --> 01:50:02.400] Yeah.
[01:50:02.400 --> 01:50:05.400] And they may did it without any intensity.
[01:50:05.400 --> 01:50:07.400] Well, of course, of course.
[01:50:07.400 --> 01:50:11.400] And there's so many images floating around when you do searches.
[01:50:11.400 --> 01:50:17.400] And nobody has any malicious intent or anything like that.
[01:50:17.400 --> 01:50:23.400] And people can think that it's fair use or they just maybe don't believe in copyright at all or whatever the case may be.
[01:50:23.400 --> 01:50:34.400] But really, most of the images that are floating around are owned by a certain limited number of major corporations
[01:50:34.400 --> 01:50:40.400] because they bought the rights to them from the original photographer or the original graphic designer or something like that.
[01:50:40.400 --> 01:50:47.400] They actually will work with the original owner as far as like to get royalties and things like this.
[01:50:47.400 --> 01:50:54.400] And basically the bottom line is unless you find some very unique image like what happened with us, with our band,
[01:50:54.400 --> 01:51:01.400] that wasn't owned by a major corporation that owns copyright to millions of images or whatever.
[01:51:01.400 --> 01:51:05.400] It's like you may have to work with an individual, but for the most part,
[01:51:05.400 --> 01:51:11.400] if you're looking at major copyright image database hold owners,
[01:51:11.400 --> 01:51:14.400] it's like they'll be very reasonable to work with you.
[01:51:14.400 --> 01:51:23.400] They'll either let you use their stuff totally for free as long as you credit them or they'll charge you like a very, very minimal fee.
[01:51:23.400 --> 01:51:27.400] So it's still an option to use other people's stuff.
[01:51:27.400 --> 01:51:32.400] And I'm telling you right now, this could happen to you and this could happen to anybody,
[01:51:32.400 --> 01:51:36.400] even if you do have a contract with the original owner.
[01:51:36.400 --> 01:51:38.400] This kind of thing can still happen.
[01:51:38.400 --> 01:51:44.400] And this scam company, I mean, I can't believe how many scams are out there that you've got a scam company
[01:51:44.400 --> 01:51:48.400] that's trolling the Internet probably with bots and algorithms,
[01:51:48.400 --> 01:51:57.400] looking for people's blogs and websites that have reposted copyright images from major corporations
[01:51:57.400 --> 01:51:59.400] so they can send them extortion letters.
[01:51:59.400 --> 01:52:04.400] I mean, what kind of scam are they going to cook up next? It's crazy.
[01:52:04.400 --> 01:52:06.400] Anyways...
[01:52:06.400 --> 01:52:12.400] You know, Deborah, maybe just to tie a bow on all this,
[01:52:12.400 --> 01:52:19.400] maybe what we need to tell people is what should they expect from a legitimate complaint?
[01:52:19.400 --> 01:52:28.400] What they should expect from a legitimate complaint is to be contacted either on letterhead
[01:52:28.400 --> 01:52:35.400] or from an email that's associated with an email domain of the actual owner
[01:52:35.400 --> 01:52:39.400] or from an attorney that represents an owner.
[01:52:39.400 --> 01:52:47.400] Probably not a third-party company that's playing the role of a debt collector or something.
[01:52:47.400 --> 01:52:49.400] Probably not.
[01:52:49.400 --> 01:52:52.400] And that's actually what YouTube does.
[01:52:52.400 --> 01:52:57.400] It's like they have their little copyright enforcement algorithms and stuff
[01:52:57.400 --> 01:53:02.400] and it's crazy because they don't own it.
[01:53:02.400 --> 01:53:04.400] They don't own any of this stuff.
[01:53:04.400 --> 01:53:05.400] It's all civil.
[01:53:05.400 --> 01:53:08.400] It all would be a dispute between the two parties,
[01:53:08.400 --> 01:53:17.400] but of course they're in the wheel of the agenda that's going on and that's a whole other show.
[01:53:17.400 --> 01:53:24.400] But yeah, I would say what people could expect is to be contacted directly from the owner,
[01:53:24.400 --> 01:53:31.400] especially if it's a small individual photographer or if it's from a big corporation
[01:53:31.400 --> 01:53:38.400] that owns a database of images, to be contacted from an email that's an email
[01:53:38.400 --> 01:53:41.400] associated with that email domain name.
[01:53:41.400 --> 01:53:45.400] And watch for spoof emails because it'll show something,
[01:53:45.400 --> 01:53:48.400] but it's actually from a different email address.
[01:53:48.400 --> 01:53:50.400] Watch for spoof emails.
[01:53:50.400 --> 01:53:57.400] If you do get contacted by what appears to be an email from the actual website of the actual owner,
[01:53:57.400 --> 01:54:00.400] I would not respond to that.
[01:54:00.400 --> 01:54:01.400] I would not hit reply.
[01:54:01.400 --> 01:54:07.400] I would contact the contact information on that website and say,
[01:54:07.400 --> 01:54:09.400] hey, did you contact me?
[01:54:09.400 --> 01:54:12.400] Can we work this out?
[01:54:12.400 --> 01:54:13.400] Do you actually own this?
[01:54:13.400 --> 01:54:14.400] Something like that.
[01:54:14.400 --> 01:54:19.400] Or they might get contacted by an attorney which, you know, possibly.
[01:54:19.400 --> 01:54:21.400] I would say that's to be expected.
[01:54:21.400 --> 01:54:27.400] And, you know, just in general, respect other people's intellectual property
[01:54:27.400 --> 01:54:29.400] and everything will be fine.
[01:54:29.400 --> 01:54:30.400] Okay.
[01:54:30.400 --> 01:54:33.400] And if you get an email from Randy's beer phone.
[01:54:33.400 --> 01:54:36.400] Oh, good lord.
[01:54:36.400 --> 01:54:42.400] Yeah, but, you know, from us, we wanted to make sure that if we did own someone something,
[01:54:42.400 --> 01:54:43.400] we would pay them.
[01:54:43.400 --> 01:54:44.400] Of course.
[01:54:44.400 --> 01:54:45.400] No, you're doing your due diligence.
[01:54:45.400 --> 01:54:46.400] You're doing your due diligence.
[01:54:46.400 --> 01:54:51.400] And yeah, as far as this company, I wouldn't respond to them anymore.
[01:54:51.400 --> 01:54:58.400] I would not respond to them anymore if what seems to be the original owner,
[01:54:58.400 --> 01:55:02.400] what we're fairly certain is the original owner has not contacted you,
[01:55:02.400 --> 01:55:05.400] then I wouldn't concern myself with it.
[01:55:05.400 --> 01:55:12.400] You know, a serious thing that made it really sound very scammy to us was the retroactive license.
[01:55:12.400 --> 01:55:17.400] If you wouldn't look at what would normally pay as a licensing fee,
[01:55:17.400 --> 01:55:20.400] it's like you said, it's probably no more than a couple hundred dollars.
[01:55:20.400 --> 01:55:27.400] And in many cases, it's just like $20 or $30 because it's not really that significant of a photo.
[01:55:27.400 --> 01:55:36.400] Well, and the thing is, as far as a retroactive license, the original owner could do something like that.
[01:55:36.400 --> 01:55:42.400] But what they would be entitled to is very dependent on how much money did you make off their image.
[01:55:42.400 --> 01:55:48.400] In other words, let's look at the metrics of your website and see how much traffic you have.
[01:55:48.400 --> 01:55:49.400] Okay.
[01:55:49.400 --> 01:55:54.400] How much, like if you have ads and banners and clicks and stuff,
[01:55:54.400 --> 01:55:56.400] I mean, how much advertising revenue did you make?
[01:55:56.400 --> 01:55:59.400] How much traffic do you have on your website?
[01:55:59.400 --> 01:56:04.400] You know, because people will post images and then they've got all this what I call click bait.
[01:56:04.400 --> 01:56:05.400] Okay.
[01:56:05.400 --> 01:56:10.400] And then you go to the place and it's like, you know, you get money from the click bait
[01:56:10.400 --> 01:56:12.400] or from the impressions and whatnot.
[01:56:12.400 --> 01:56:19.400] And so if you've got a lot of traffic going to your website and you've made advertising money
[01:56:19.400 --> 01:56:25.400] from other people advertising on your website and then you're using that other person's image,
[01:56:25.400 --> 01:56:31.400] they could be entitled retroactively to some of that advertising revenue that you made
[01:56:31.400 --> 01:56:33.400] while you had that image on your site.
[01:56:33.400 --> 01:56:38.400] But if you didn't really make any money off of it, you know, or like me, if I made, you know,
[01:56:38.400 --> 01:56:44.400] tens of thousands of dollars off of the CD that I sold with the picture and I never paid this woman,
[01:56:44.400 --> 01:56:49.400] I mean, we actually even made an agreement that if we, you know, hit the big time or something
[01:56:49.400 --> 01:56:55.400] and got a distribution deal and sold, you know, thousands of copies or something,
[01:56:55.400 --> 01:56:58.400] that we were going to give her a percentage.
[01:56:58.400 --> 01:57:03.400] And we weren't just going to pay her, you know, a few hundred bucks and then take, you know,
[01:57:03.400 --> 01:57:05.400] all this money from the CD.
[01:57:05.400 --> 01:57:11.400] So anyways, the point is they could be entitled retroactively, but it would depend on what kind of money
[01:57:11.400 --> 01:57:12.400] we're talking about here.
[01:57:12.400 --> 01:57:15.400] In this case, it wouldn't be anything.
[01:57:15.400 --> 01:57:21.400] Right one is something that they couldn't just make a hard number in the middle of an email
[01:57:21.400 --> 01:57:24.400] that they've already decided and then give you a discount.
[01:57:24.400 --> 01:57:26.400] I don't think so.
[01:57:26.400 --> 01:57:27.400] No.
[01:57:27.400 --> 01:57:28.400] I don't think so.
[01:57:28.400 --> 01:57:29.400] It's ridiculous.
[01:57:29.400 --> 01:57:33.400] That's what tipped me off to the Rig Red Flag is the scammy as well.
[01:57:33.400 --> 01:57:34.400] So.
[01:57:34.400 --> 01:57:35.400] Thank you.
[01:57:35.400 --> 01:57:37.400] Well, Matt, thank you so much.
[01:57:37.400 --> 01:57:39.400] Thank you.
[01:57:39.400 --> 01:57:40.400] Okay.
[01:57:40.400 --> 01:57:41.400] Well, we...
[01:57:41.400 --> 01:57:43.400] I'll join the show.
[01:57:43.400 --> 01:57:45.400] So just keep it up.
[01:57:45.400 --> 01:57:46.400] All right.
[01:57:46.400 --> 01:57:47.400] Thank you so much.
[01:57:47.400 --> 01:57:48.400] All right.
[01:57:48.400 --> 01:57:50.400] We are just about out of time.
[01:57:50.400 --> 01:57:52.400] Ken, I am so sorry.
[01:57:52.400 --> 01:57:59.400] We spent a long time with Shane and I had Matt on hold for quite some time, but Ken,
[01:57:59.400 --> 01:58:03.400] if you could call back next week, we would really appreciate it.
[01:58:03.400 --> 01:58:04.400] Is that all right, Ken?
[01:58:04.400 --> 01:58:05.400] No problem.
[01:58:05.400 --> 01:58:06.400] Okay.
[01:58:06.400 --> 01:58:07.400] Thank you, Ken.
[01:58:07.400 --> 01:58:08.400] You're so understanding.
[01:58:08.400 --> 01:58:09.400] You call in so much.
[01:58:09.400 --> 01:58:10.400] We really appreciate you.
[01:58:10.400 --> 01:58:13.400] And listeners, please donate to the fundraiser.
[01:58:13.400 --> 01:58:15.400] We still have our fundraiser.
[01:58:15.400 --> 01:58:18.400] We're a little over halfway there, about halfway there right now.
[01:58:18.400 --> 01:58:20.400] We're coming into the fourth quarter.
[01:58:20.400 --> 01:58:25.400] We need some help with infrastructure and keeping things going around here so
[01:58:25.400 --> 01:58:30.400] that we can continue to deliver, use this incredible information.
[01:58:30.400 --> 01:58:32.400] So thank you very much, listeners.
[01:58:32.400 --> 01:58:34.400] We really appreciate you.
[01:58:34.400 --> 01:58:37.400] God bless and good night.
[01:58:37.400 --> 01:58:41.400] And good night from Randy's beer farm.
[01:58:41.400 --> 01:58:44.400] We'll talk to you all next week.
[01:58:44.400 --> 01:58:51.400] Thank you very much.
[01:59:14.400 --> 01:59:21.400] Thank you very much.
[01:59:44.400 --> 01:59:51.400] Thank you very much.