Peace with TOTJForce

Todd has a contract with my real signature saying that both TOTJO and TOTJF jointly own the copyright in exchange for the transfer of ownership (not just a redirect) to TOTJO of its .com.

That was when I declared Peace and dropped the lawsuit based on Todd’s word. Think about it. Why would I have dropped it for no reason? It even says in my motion for dismissal that we had settled the matter via contract.

Some weeks later when I asked Todd had he put the transfer in motion he laughed at me and said that he had not signed anything and did not have to do anything. I ran to my drawer and sure enough my copy did not have his signature on it. Mind you this was over two hours after I'd been serving generous rounds of hard liqueur drinks among other things I'd best not mention....

Would you be a little aggravated if you were in my place? Now do you see why I was so nice and suddenly got mean?

Malicious, vindictive and hateful? Yes I am in this case and I’m resisting the urge to ask WHY you’re defending such a petty tyrant.

Anyway ... since Todd does have a contract with my signature all he has to do is sign it and give us our .com and then not I or TOTJO can ever bother TOTJF or sue TOTJF for anything. It vanquishes all our problems. You still have the power to make it happen but if it does not happen soon then it’s a breach of contract and anything goes.

As legal joint copyright holders we must both state that the pre 3-5-2007 content is (c) TOTJO and TOTJF yours on the front page and the front log in page and ours in Our Old Jedi Site but so what.

As God As My Waitress I’m getting get sick trying to explain the copyright issues involved but I’ll try one more time for The Gipper. A post to a message board is automatically copyrighted by the poster and s/he can copy and post it again or publish it in a book etc. The site where the post was made has an irrevocable license to continue to publish the post on its MB.

The posts taken as a whole is a compilation and its worth something in web traffic and the search engines. I did not start a new site at TOTJO-USA to give up TOTJO but because the members who were loyal to TOTJO had to have some place to go and Todd locked me out of my own site illegally. He was fired for cause and I had frozen the old site until the new admin could get things going.

The legal thing to do was to register a domain and put up a blank site and all of you who wanted to go to TOTJF just go. You could still have copied all your important posts and reposted them there but lifting the whole site is http://en.wikipedia.org/wiki/Web_scraping

I had a consultation with an expert copyright attorney and I know I’m in the right.

A $9 URL – a binding contract that would have made peace forever – and Todd won’t honor it.

I’ll still let it go, forgive and especially forget.

In fact as I said I don’t have a choice unless you wait too long. Since we did not put a date that the contract had to be completed by we have to look at appeal court decisions and in this case sixty days is a good bet. The contract is dated June 20, 2007.

The deal is:

TOTJO and TOTJF agree they hold joint copyright to the content posted before 3-5-2007 as a compilation with an appropriate notice and TOTJO gets its .com transferred to its name – NOT just redirected. I'll withdraw my DMCA complaint immediately and the site comes back up right away. I’m ready to US Mail notarized signed copies of this contract to all the council or Asta or whoever is really in charge. I can only afford to mail one overnight so decide who gets that one.

Compilation is the magic word here concerning the copyright.

I'll not insult anyone with threats but only leave to you folks good sense of what my only alternative is by putting a copy of this email from GoDaddy.com here.

This contract is a gift. I promise there will never be a better one especially since I can get the .com with a cybersquatting lawsuit anyway.

Tell me this is not a fair deal. And pretty please tell me why Todd would intentionally infuriate me knowing that I'd strike back? I don't get it.

Yours,
and hopefully Peace,

Br. John+

---

In accordance with the Digital Millennium Copyright Act (DMCA) and our Copyright Infringement Policy (http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?se=%2B&pageid=TRADMARK%5FCOPY), we have received the attached counter notification for the website at TEMPLEOFTHEJEDIFORCE.ORG.

As a result, and as described in the above-mentioned policy... \"Go Daddy will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification,

HINT: (Unless …)

unless Go Daddy first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Go Daddy's system or network.\"

Would I be aggravated that I hadn't noticed that Todd didn't sign a contract?

Yes I would....with myself. Not Todd or anyone else.

John some of know the real story and have shown a lot of restraint not to give it in public. I would not want to stir a \"he said, he said\" war, or show disrespect to you, Br. JOhn, on your own site in front of your own membership.

Considering you admit you like to have a few and of what I'm not sure, I think you need to finally look to yourself, John. I think part of the problem you don't remember things, are having some wrong ideas.

Remember way, way back when I told you that your place is not as \"a leader\" but as a sort of Kahuna, Wild Wizard, what have you. Daily managerial events are not of your domain, Br. John. Ideas, thoughts, beginning projects yes...but the TOTJF tragedy is the result of the wrong person in a leadership role.

John...you just aren't stable enough. You know that, most of us know it, but you have really, really, hurt people and tried to destroy a good site because you try to be what you are not.

You are not an organizational leader and never will be. You may be a spiritual leader, you may be the cause of some good things and make them happen in a great and crazy way.

Step down and realize you are simply wrong. What you did was wrong in taking down the TOTJF because you are angry at Todd and I suspect a little angry at yourself?

You once asked me to marry you because of my common sense - and said some other crazy and funny things... All in jest, but you were right in some ways.

John - you lack common sense. A lot of creative and high IQ people do. You know Go-Daddy took down the site for investigation only. If you and Todd both have the Copyright...how can they take it down for that reason. Just the history and the records will show whose writing is whose.

Just drop it. Todd routed all the .com here, and it's up for sale in September.

Buy it then.

Asta Sophi wrote:

Would I be aggravated that I hadn't noticed that Todd didn't sign a contract?

Yes I would....with myself. Not Todd or anyone else.

John some of know the real story and have shown a lot of restraint not to give it in public. I would not want to stir a \"he said, he said\" war, or show disrespect to you, Br. JOhn, on your own site in front of your own membership.

Considering you admit you like to have a few and of what I'm not sure, I think you need to finally look to yourself, John. I think part of the problem you don't remember things, are having some wrong ideas.

Remember way, way back when I told you that your place is not as \"a leader\" but as a sort of Kahuna, Wild Wizard, what have you. Daily managerial events are not of your domain, Br. John. Ideas, thoughts, beginning projects yes...but the TOTJF tragedy is the result of the wrong person in a leadership role.

John...you just aren't stable enough. You know that, most of us know it, but you have really, really, hurt people and tried to destroy a good site because you try to be what you are not.

You are not an organizational leader and never will be. You may be a spiritual leader, you may be the cause of some good things and make them happen in a great and crazy way.

Step down and realize you are simply wrong. What you did was wrong in taking down the TOTJF because you are angry at Todd and I suspect a little angry at yourself?

You once asked me to marry you because of my common sense - and said some other crazy and funny things... All in jest, but you were right in some ways.

John - you lack common sense. A lot of creative and high IQ people do. You know Go-Daddy took down the site for investigation only. If you and Todd both have the Copyright...how can they take it down for that reason. Just the history and the records will show whose writing is whose.

Just drop it. Todd routed all the .com here, and it's up for sale in September.

Buy it then.

I have remained Silent at Johns request for the last couple of days now but you have gone too far! You have ZERO right to come into our temple and declare No Confidence. Believe it or not we like John and i'm sorry to say for you that meas he's not going anywhere. If you have an Issue (and this is for everyone) take it up in private. If you want to join in the learning and fun...Go right ahead! But from here on out, if you have issue (and that means with anyone) you take it up with that person in private. In our temple, we'll do the deciding...not you. MTFBWYA and I pray for an expeditious peace.

No offense... But when I was personally being denegrated I saw no such defense.

You cannot be \"just\" to one and not to all - or it loses it's meaning.

Also...you have not been silent. Please...if John asks someone for a response, and he receives one, then do not be upset because it is not a response you do not like.

Better yet, take down this entire thread. I don't mind...John asked a question and I answered it.

I don't think I said anything that John does not allude in his post. He speaks of being drunk and more, and I know John and know his strengths and weaknesses to a point.

He has a gift if he'd use it. He has a weakness, and it is that he takes on things he shouldn't. He knows it. He and I have had the conversation time and again. John needs someone to take care of the daily...and remind him when he's being compulsive/obsessive. I've heard him that you before...

I'd hoped John would have someone to do this for him here... On this matter, I have not seen it, or not much. I blame you, Rev. Whitehead, for not saying more to him. Br. John, we both know, is big enough to know when he's gone too far and admits it.

Read my post again without your own emotion clouding you. I meant it honestly and with empathy...and friendship. When you care someone you are not blind to faults, but work with them. And hopefully when they ask for honesty - give it.

John may be a spiritual leader but practical day to day...?

Read my post again...

(That said \"step-down\" in my post should have been \"step-back\"...I'd never ask a site owner/Admin/founder to step-down.)

-Asta Sophi

Asta Sophi wrote:

Would I be aggravated that I hadn't noticed that Todd didn't sign a contract?

Yes I would....with myself. Not Todd or anyone else.

John some of know the real story and have shown a lot of restraint not to give it in public. I would not want to stir a \"he said, he said\" war, or show disrespect to you, Br. JOhn, on your own site in front of your own membership.

Considering you admit you like to have a few and of what I'm not sure, I think you need to finally look to yourself, John. I think part of the problem you don't remember things, are having some wrong ideas.

Remember way, way back when I told you that your place is not as \"a leader\" but as a sort of Kahuna, Wild Wizard, what have you. Daily managerial events are not of your domain, Br. John. Ideas, thoughts, beginning projects yes...but the TOTJF tragedy is the result of the wrong person in a leadership role.

John...you just aren't stable enough. You know that, most of us know it, but you have really, really, hurt people and tried to destroy a good site because you try to be what you are not.

You are not an organizational leader and never will be. You may be a spiritual leader, you may be the cause of some good things and make them happen in a great and crazy way.

Step down and realize you are simply wrong. What you did was wrong in taking down the TOTJF because you are angry at Todd and I suspect a little angry at yourself?

You once asked me to marry you because of my common sense - and said some other crazy and funny things... All in jest, but you were right in some ways.

John - you lack common sense. A lot of creative and high IQ people do. You know Go-Daddy took down the site for investigation only. If you and Todd both have the Copyright...how can they take it down for that reason. Just the history and the records will show whose writing is whose.

Just drop it. Todd routed all the .com here, and it's up for sale in September.

Buy it then.

You sure know how to win friends and influence people. The regret I was beginning to have is gone and I'm starting the draft of the federal lawsuit. Now I know I'm doing the right thing.

Since you did not get the hint. Before the ten days are up I will file for an injunction and then while the case drags on for months, maybe even years, it can stay down.

As for our URL my offer is this - nothing. I'm suing Todd Evan Fogal for cybersquatting and I automatically get statutory damages of $1,000.

Considering how generous my offer WAS I must question not only your common sense but your sanity. You cant even read a post and make sense of it. Todd does not have the co-copyright because he did not sign the contract that would have given it to him and TOTJF.

Our attorney said that it's only thirty days to fulfill a contract like the one I offered Todd and Lucky Me it's been thirty-five days. LOL

JHP

Dictated but not read.

I'm not sending the jury out yet but it sure looks like you own TOTJF with Todd as your puppet.

Asta Sophi wrote:

No offense... But when I was personally being denegrated I saw no such defense.

You cannot be \"just\" to one and not to all - or it loses it's meaning.

Also...you have not been silent. Please...if John asks someone for a response, and he receives one, then do not be upset because it is not a response you do not like.

Better yet, take down this entire thread. I don't mind...John asked a question and I answered it.

I don't think I said anything that John does not allude in his post. He speaks of being drunk and more, and I know John and know his strengths and weaknesses to a point.

He has a gift if he'd use it. He has a weakness, and it is that he takes on things he shouldn't. He knows it. He and I have had the conversation time and again. John needs someone to take care of the daily...and remind him when he's being compulsive/obsessive. I've heard him that you before...

I'd hoped John would have someone to do this for him here... On this matter, I have not seen it, or not much. I blame you, Rev. Whitehead, for not saying more to him. Br. John, we both know, is big enough to know when he's gone too far and admits it.

Read my post again without your own emotion clouding you. I meant it honestly and with empathy...and friendship. When you care someone you are not blind to faults, but work with them. And hopefully when they ask for honesty - give it.

John may be a spiritual leader but practical day to day...?

Read my post again...

(That said \"step-down\" in my post should have been \"step-back\"...I'd never ask a site owner/Admin/founder to step-down.)

-Asta Sophi

Emotional Clouding? you obviously do not know me very well. (at all actually) let me put it to you this way...if you dont like things here...then leave...if youve come to complain....then leave...if you want to come and join in the fun of being a jedi and practicing and learning as we are the rest of us here to do...then by all means stay...but from now on if you have a problem...address it to the party themselves.

And what cause do you have to insult me? I have not done so to you. I attack ideas...not people. and your ideas frankly are awful. if you want resolution...get in touch with todd and end this. there is nothing more we can do here. My name is WHITEMAN

accepting the truth can be a hard thing to do...

let me put it to you this way...if you dont like things here...then leave...if youve come to complain....then leave...if you want to come and join in the fun of being a jedi and practicing and learning as we are the rest of us here to do...then by all means stay...but from now on if you have a problem...address it to the party themselves.

she didn't come here to complain

she didn't come here be a 'ninny'

She came here to serve Justice.... not hide away and do nothing...

time will tell what happens,

PS. she meant no offense, it was the first words of her post...

LOLOL!!!! Oh John...LOLOL!!!

John - I should post the letter here where you were going to sue me a few weeks ago... ?? What happened with that...??? I could use the money back...LOLOL!!!

I'm sorry....it's gone to sublime!

So much for dialogue.

From : John Henry Phelan <jhp@johnphelan.com>
Sent : Sunday, January 21, 2007 5:00 PM
To : Stopoverdetroit@aol.com, astasophi@yahoo.com, elizruth@msn.com
Subject : Re: -Asta Sophi

| | | Receipts | Inbox


Thank you for the kind words of encouragement. The Temple was a fantastic idea, but I know that as long as I remain a director or an officer people will keep fighting and accusing. I must resign those positions for my dream to live and grow. I'm sure they will keep me as a member and a master but even if they don't; it's dream that matters.

Since I have no choice, a least I don't have to worry about it.

The only way many folks will trust the Temple is for me to make it official that I am no longer a director.

I started a Google Group for the members who wish to keep in contact with me and discuss things. There I'll have a small group of friends and I can teach what I know, learn from them and explore all the wondrous possibilities of the Living Force Of Creation and it is free. No corporation, no ranks, no officers, no expenses, no bookkeeping, no hate, no malice and only Good Company.

You can join at: http://groups-beta.google.com/group/temple-of-the-jedi-order/web/temple-of-the-jedi-order

BTW: I do not mind at all if my members also wish to stay at TOTJO. I want them to do all I dreamed. I pray they all get what they wish.

About making it official; the corporation I mean; I have to pay $25 to file the Articles Of Amendment, $14 for overnight postage, $10 for blank CD's to give admin all the records and backups and I'll guess perhaps a few dollars for tax on CD's and a notary.

I get my disability on February 3 so I can't do it until then. I have -5.86 in my account ;-} - to keep from crying ;-}

I am just a person and can't take donations but if you do help me with this, then it's a loan and I'll mail you a Cashiers Check (or PayPal if you wish) it to you on February 3rd 2007. I would not even offer to take you up on this except until they have the 'papers' filed that I'm out of their way; I don't think The Temple will come back on line. Thank God I have a good full backup from only eight hours before The Temple was destroyed and I have a separate text log of all the posts. I'm ready to give Todd (et al.) everything ASAP.

My PayPal is jhp@johnphelan.com

May The Living Force Of Creation Be With You and God Bless,

Br. John Henry Phelan
Beaumont, TX

p.s. Please feel free to forward this to anyone you wish. You just don't know how much better I feel.

Here is my old Irish blessing, \"May the saddest days of your future be no worse than the happiest days of your past.\" Peace.

JHP

*** I gave John $100. Just for him because we're friends... I'd do it again if he really needed the money.

***Now, really, who do you think John can sue...? He left TOTJO. Then - he changed his mind and felt like he had to get vindicated. After giving him $100 things settled down. But then I gave the Temple $500 donation to keep things going - and did so anonymously - and over the weekend John shut down TOTJO and that was IT.

(All receipts, email, etc., are ready for evidence... Which site do you think might come down if things go much further?)

Now I know...I'm gone. Some will see this and some won't.

(By the way, how do you think George Lucas is going to feel when he hears that his trademark and copyright \"Jedi\" are in court? How do you think he's going to feel about John having made money off of using that term selling hats, cups, etc? )

This is simply - sad - and if someone allows someone who is unstable like Br. John bring all sorts of negative attention to the Jedi Community....how long will George Lucas' legal team stand by and watch it get smeared into the ground?

THAT'S REALITY...

Great members here, John... Don't blow this one.

-Asta Sophi

Ahh, yes again with the empty threats. I love this channel.

DK