(EPSON 870/1270) I have been Threatened with a potential lawsuit by Jack Reznicki and PNN

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From: Editor - P.O.V. Image Service (editor@p-o-v-image.com)
Date: 09/03/00-10:29:45 AM Z


First, I apologize for the delays I have had in getting information on
buybacks, etc. to individuals who e-mailed me over the last few days.. For
these delays you have my sincere apology.. Hopefully this letter will explain
the cause of those delays. I also apologize to any who may see more than one
copy of this missive, as I have posted it to several groups in which I am
actively involved..

And I now will explain my self-imposed absence from the discussions of this
issue ..

On Monday, I received a letter from an attorney representing Jack Reznicki and
PNN (PhotoNetworkNews).. Said letter informed me that comments made or
attributed to me were being "examined by us for possible litigation. .. any
additional statements, postings, correspondence, etc. you may make may subject
you to liability pursuant to law. Libelous, false, derogatory and/or defamatory

statements made of or concerning Mr Reznicki are at your peril."

And that I was not to access the PNN site at:

 http://www.photonews.net/

The reasons for the letter, in part, were that I had been banned from the PNN
mailing lists, purportedly for questioning the advertiser policy there..
Strangely, I was banned during an intense period of discussion on the PNN lists
regarding the 1270/870 issue.. Why is that so strange?

Well, many will recall that the Professional Photographers of America (at
http://www.ppa.com/) have endorsed the 1270 for use by Professional
Photographers.. Jack Reznicki is a PPA officer.. PPA received compensation for

the endorsement.. I had stated to PPA officers and to those onlist that PPA
could potentially be a co-defendant in any action against EPSON regarding the
x7x printers, if some of the plaintiffs had relied in part upon the PPA
endorsement.. Jack Reznicki, took a distinctly contrary position, and I was
banned within days for my purported violation of list rules in discussing list
operations on-list..... Coincidence?

In any case my response to Jack's attorney may be seen at:

http://www.p-o-v-image.com/epson/greenberg_2000_1.htm

And YES I wrote it myself.. I worked as a law clerk for a prosecutor before
moving on to journalism..

I have since received correspondence from Mr Reznicki's attorney that fails to
identify a single action by me that violated any of Mr. Reznicki or PNN's
rights.. No, it steadfastly refuses to do so..

In accords with my promise in the correspondence with Mr Reznicki's counsel, I
now consider myself absolved of any responsibility to continue my silence..

CONSIDER ME BACK!

And if Jack's attorney sues me, even EPSON is likely to get pissed off, as I
will assert truth as an affirmative defense and, as necessary, prove the
flaws/problems with the 1270/870 in open court.. So, I don't think Mr Reznicki
and PNN will be helping anyone except their own ego by moving ahead with
litigation (it certainly won't help Jack's pocketbook).. Additionally, I will
pursue any and all avenues for countersuit against Mr Reznicki, PNN, and any
and all organizations where his involvement with this issue involves also his
role as an organizational officer.... The public has the right to every bit of
available information on this..

This in no means indicates any intent on my part to rejoin any PNN sponsored
forum, as although I still believe by law the lists to be public, I have no
desire to pursue such actions. They shall not at this time, in my estimation,
add to the debate, but instead might simply antagonize Mr Reznicki needlessly,
and add to the "noise" level surrounding the x7x printer issue.

I am a strong believer in my First Amendment rights, and have had my speech
chilled by the threat of litigation for several days.. I have lost sleep
worrying about potential litigation against me and have missed work as a result,

having to reschedule shoots, etc..

I agree with former Supreme Court Justice Hugo Black who said that when the
framers of our Constitution said "no law" to restrict freedom of speech or of
the press, in the First Amendment, the framers knew quite well the meaning of
"no law" and meant it in its literal sense..

Finally, I would quote from the header on the Home Page of PhotoNews Network
itself..

"...there is not just one business model for running a successful commercial,
advertising, corporate, editorial, architectural, or whatever, photographic
business. At the core of all of those models is the notion of standing up for
yourself, and educating others to stand up for themselves too."
 -Ellis Vener, PhotoPRO Forum

That I intend to do..

Keith

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