Kischkel Claims Restraining Order ...

[Cartman]

Karl claims that he now has some sort of injunction against the Hastings - though court records in his home county have no record of it - of course.

The names Rutchey, Baltzer, Wright, & Kline were also mentioned in the thread. (that almost sounds like a law firm)

I have more on this at cartBay.

http://www.cartbay.com/?p=60

[Kandi]

I like the law firm aptly named, Dewey, Cheatum & Howe.

[mingotree]

Blues, you must listen to Click and Clack...funny show!

[Cyber Diva]

Karl claims that he now has some sort of injunction against the Hastings - though court records in his home county have no record of it - of course.

The names Rutchey, Baltzer, Wright, & Kline were also mentioned in the thread. (that almost sounds like a law firm)

I have more on this at cartBay.

http://www.cartbay.com/?p=60


OMG! As if! He's the one running at the mouth, lying through his teeth about the way things were, yet he's getting a restraining order against all of us? :1bonk1:

I see Alan and Jayne desperately need some new material too. Fact is, Jayne claimed to know something about DDoS attacks and could help determine who was responsible because she worked for Homeland Security. Jayne then advised Alan to "sit tight" while she spoke to "goonies" who evidently knew who took down our server. Right! Sit tight! :2headspin

:2slampan:

[Cyber Diva]

I see Alan and Jayne desperately need some new material too. The thread about Hep entitled, "Hep wasn't banned for "asking questions" is not even what happened. It appears Hep was banned for asking questions. Alan is simply fabricating and hoping people won't ask the right questions. Evidently Alan never shared this communication with Hep either:

F. Y. R.

Thursday, November 24, 2005

Alan XXXX:

I've been reading the cover story you've been circulating concerning the shut down of thecarwashlive.com. Misdirection, oversimplification, deflection, outright lies - it's all there.

You were advised on many occasions that you did not have carte blanche, that no service provider would give you that, and you gave your promise to keep your site free of the eBay-style vigilantism for which the original EZBoard Carwash had been notorious. When you and Karl came to me in a panic to request my help on the Thursday before the Friday that you would lose your EZBoard site, you both assured me that you were done with "netcopping" and that the new site would not be used as a base for interfering with the businesses and lives of others. I knew your history very well, but Karl assured me that you and he had changed, and that what mattered to him now was business, and what mattered online to you was simply having a place to chat with friends and to poke harmless fun at a few of your many detractors. On that basis, I agreed to help you.

Of course, it wasn't long before this benign, happy picture turned very dark. Your obsession with Lee XXXX soon began to take center stage, and the TOS violations began to pile up. Despite my objections, you believed I had no right or authority to edit content at thecarwashlive.com, or even to insist that certain content be removed, such as Mr. XXXX criminal record and links to hard core pornography. I spent hours and hours on the telephone trying to explain to you your position and mine, as your service provider, and the jeopardy in which I was being placed as a direct consequence of your refusal to comply with our Terms of Service.

Within 10 days of thecarwashlive.com going live, we experienced a devastating DDoS attack, which brought down our entire server and several sites, including XXXX.com, and even after this, you refused to comply. This was a serious incident requiring investigation, but you were uncooperative to the extent of actually providing me with misinformation concerning members that might have been involved. This reached a culmination during the Jayne matter wherein you deliberately provided me with false information and misdirection, knowing well that a US-CERT report documenting the site interference and related attacks was being prepared.

Your written statements declaring that our arrangement was temporary and that it always was your intention to substitute Karl as the administrator are demonstrably false. Indeed, I prepaid for 6 full months of dedicated service to be used exclusively for thecarwashlive.com after obtaining a one-year commitment from you, and I have the documentation to prove that. You know that Karl is not qualified as a Unix administrator, and you told me on several occasions that you did not trust Karl to be an administrator in any case. You never gave him administrative access to vBulletin, and you insisted that I not grant him server access to thecarwashlive.com directory structure. Your sudden and unexpected removal of my administrative access to vBulletin last Monday resulted not from any agreement between us during our protracted telephone conversation two days prior, but rather from your unilateral decision to privilege your nonexistent "right" to publish whatever you like on our servers over my persistent objections and legitimate acts to enforce our Terms of Service. That, among other reasons, is why thecarwashlive.com was shut down.

Since the shut down, we have been threatened and libeled by your surrogates, and I am placing you and Karl on notice that any attempts to interfere with our legitimate business will be pursued vigorously through law enforcement and through the courts.

I am also canceling herewith all business arrangements, both existing and proposed, with you and Karl Kischkel pertaining to Stone of Fire, LLC.

There remains no further business between us, and I would advise you to cease and desist from your present course of harassment and defamation.

Sincerely,
Aaron XXXX

[Larry N Moore]

Let’s see! Cartman posted the above on 12-23-2005, at 09:23 PM. It’s now 12-28-2005 (five days later). Shouldn’t you have received the court order by now?
Jayne then advised Alan to "sit tight" while she spoke to "goonies" who evidently knew who took down our server. Right! Sit tight!
According to this post (http://www.thecarwashlive.com/forums/showpost.php?p=3174&postcount=50) Jayne seems to be the only one who is finds sitting tight to be a virtue and others be damned while she “sits tight” waiting for a “brilliant idea.”
So I decided to sit tight and hope some brilliant idea would come to me.
I imagine that if she was stranded in a disabled car, in the middle of nowhere, during a blizzard she probably would do the same thing. Sit tight! Eventually someone would find her. It’s possible (but so is my chances of hitting the lottery)!

[Eriu]

oh my

[Cyber Diva]

Jayne says, "Fact?? What fact? There isn't a single fact in there.

I know nothing about DDoS attacks, woudn't have the foggiest about determining who was responsible since I'm not working for either the sending end or the receiving end. What the hell would I have to work with?? Good grief, woman. Get a grip!
...and I NEVER have--and never claimed to--work for Homeland Security....Jesus! That's Ross' lie.
I never told Chops to "sit tight" while I spoke to "goonies", 'cause I ain't that stupid. And hell.....I never even knew anyone took down their server. When did that happen?"

:2headspin

[paleryder]

...and I NEVER have--and never claimed to--work for Homeland Security....Jesus! That's Ross' lie.

His lie?

I thought it was Ross who stated that Jayne didn't work for Homeland Security.

[kim]

whose on first...!?

[kim]

whoops - who's - who is - crap...

[rossshow]

I thought it was Ross who stated that Jayne didn't work for Homeland Security.



Correct. I doubt that anyone from the DHS would even take her calls. She is a low level IT person for some water control district in Texas. She has no contact whatsoever with DHS.

She is one of these "internet liars" telling lies to pump up her sagging self esteem. I assume she told Chops some pack of lies about her top secret (non exsistent) contacts at DHS, in order to back up the lies she was telling about me during her crazyness about me and reporting me, blah blah.

[paleryder]

I remember when this went down at FI......the mini-drama of Ross triggering some sort of investigation by a post he made there. Kris remembers it too



09-12-2005, 02:07 PM
krisinluck
Rossite Archdeacon Join Date: Aug 2005
Posts: 487



--------------------------------------------------------------------------------

I think Jayne is referring to the little battle you guys had on one of the boards just before her big delete thing - I saw it and read it, but there are so damned many boards now. Maybe it was FI? Anyway, it's the one where she started talking about how her employer would have to track you down because you threatened her or some such thing. It seemed pretty mild compared to some stuff we see, but it was that exchange that inspired her to delete her EZBoard account...then get another one when she went over to TUS.

http://www.therossshow.com/showthread.php?t=2874&page=1&highlight=jayne+homeland+security (http://)





In a thread Jayne started at TCW4, ( I think Toy Ranch has finally gone 'round the bend. ) Jayne states or should I say..*implies*....in a very carefully worded post that the idea she works at HS or "a water control district is silly.

This keeps getting weirder and weirder.

Ok...anyone who thinks I'm an "employee of Homeland Security", raise your hand.

Anyone?


No?


OK, anyone who thinks I work for a "water control district", raise your hand.

Anyone?

No?

Ok, anyone who thinks I would ever entertain, for a single second, the idea of meeting ross in person, anywhere, any place, at any time, for any reason, raise your hand.


Anyone?


No?



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Gawd, y'all are so SMART!!

This looks like damage control...

[Cyber Diva]

Correct. I doubt that anyone from the DHS would even take her calls. She is a low level IT person for some water control district in Texas. She has no contact whatsoever with DHS.

She is one of these "internet liars" telling lies to pump up her sagging self esteem. I assume she told Chops some pack of lies about her top secret (non exsistent) contacts at DHS, in order to back up the lies she was telling about me during her crazyness about me and reporting me, blah blah.

Interesting Ross, and she was advising Alan on this day, as if she were his attorney:

mejayne2
Registered User
Posts: 33
(11/24/05 2:41 pm)
Why were we not told?

I keep avoiding this issue. I guess I'm trying to find a way to understand or justify it. But I can't. so I'm just gonna say it.

From what I'm reading, it looks like Noyse had admin powers at TCWL from day one. He also had admin powers over all the forums in the ezcarwash after they were imported to vbulletin.

It's never an accepted practice to hide administrators' identies on a message board. They are out there for everyone to see, as they should be. An administrator has access to private information. The members of a board have a right to know who can look at their stuff.

Lord Noyse was never identified as an administrator of the board. Not before he started posting. Not when he posted. He was identified as a regular member. Why???

In the legal battle of who did what, I'm afraid that you, Chops, will come out on the short end of the stick. You certainly will prevail in getting your content back. But in the privacy issue, there are no firm laws that will hold Aaron responsible.

However, you can be held responsible for at least two things: (1) no posted privacy policy and (2) allowing Aaron access to personal information without informing members.

If Aaron was employed by Chops to transfer the data and set up the server, meaning that actual money changed hands, then that covers the initial setup. He was an employee, bound by the same rules with which Chops ran the board. But if no money changed hands, then legally Aaron is bound by nothing. A friend gave him information. The penalty for any abuse is with the person that released the info. And that would be Chops.

There is no excuse--none--for allowing Aaron administrative access to the board after the initial setup. Employed or not, there was no business reason for him to have that power. And there's absolutely no excuse for continuing to allow him access once it was discovered he was abusing it. Why the fuck didn't you lock him out??

Why didn't you tell the members what was going on when it happened? The first time Aaron modded a post or the first time you knew they'd read something they shouldn't have, you were legally bound by California law to inform board members of the circumstances.

rub my nub (Alan P.).
Administrator
Posts: 100
(11/24/05 4:14 pm)

No easy questions, no easy answers. But here goes...


:1barf1: