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Dennis Duvall, writes about the Torrey Pines issue and Davis Straub's libelous unprofessionalism at the Oz Report forum.

From:
http://www.hanggliding.org/viewtopic.php?t=15773

Location: Crestline, CA.
Posted: Tue Feb 16, 2010

I have a few friends that fly Torrey, mind you, only a few. When factoring in all the ugliness that comes out of that place, I can assure the Torrey crowd they will never need worry about me crowding their airspace.

I confess, I have become spoiled at Crestline where we simply don't act like that. One can have grumpy feelings toward another pilot, have a beer or two, talk of some flying stories and all is well. There exists from time to time a grumpy pair of pilots, but it NEVER goes beyond that and it is left harmonious.

Torrey looks like such a beautiful place to fly, Torrey could benefit with a bi-wingal club such as the Torrey Hawks, Torrey COULD enjoy the same peaceable social and encouraging atmosphere as Crestline, and, it should.

Now, on to the OZ REPORT, I found too many ugly threads, bashing BobK and now David Beardslee, Freakin' gum flappin' BATMAN! Anyone that has ever MET David Beardsley caan't help but love the man. His sense of humor, quick wit and easy going nature makes one feel happy around him. I consider myself honored to have met such a pilot, even if that meeting was brief.

Doug, Davis and some others of the Jebb camp just took a jab at BobK and David Beardsley as to the company of pilot they keep. Interesting, I *AM* one of those pilots they keep company with, Google ME Doug, I'm one boring guy, enjoy your nap as you find how my lack of being noteworthy is. Cyberstalking John Wright? Oh jeeze, do you even KNOW JohnW? You are bashing the way wrong guy, John's a pretty personable fellow and he's there when you need him. Let me tell you, you'll be hard pressed to find many enemies of JohnW, he's just that good a fellow. You'll note that JohnW defends BobK vigorously, there's an earned loyalty out of friendship there. The Jebb camp demonizes BobK, so does Davis at the OZ REPORT with his accusation that BobK is a "Lunatic" (Davis' words publically and in private emails to me when I inquired as to why he is making such comments) and using the OZ REPORT as his vehicle to spew venom at BobK. The OZ REPORT no longer holds credibility for me, and no, I am not trying to start a board war, I am just a nobody, barely a pilot, my opinions mean squat to those who don't know me.

Is the OZ REPORT spewing libellous vitriol? ABSOLUTELY! WIll Davis moderate his board and hold himself to standard? More than likely not, I think he has headed too far down the rabbit hole to make it go away now. A shame really, I once really liked the OZ REPORT, it had such good content. It's Doug's playground with his collection of "Not-so-merry men". I'll sadly take my leave of that place.

After this recall election is done, I think I will exit the more political threads, With USHPA at the spearhead of this frickus along with the sacred nod from Paul Montville (Wuffo), I've lost faith in any good coming out of USHPA.

BobK is my friend, I'm a friend to David Beardsley if he should choose to accept my friendship, To Doug P, THIS is the company I keep, I can count on any of them for help 24 hours a day, right along with my instructor and fellow pilots at CSS, I am wealthy with the company of such fine pilots. Don't you wish YOUR reality at Torrey was as mine at Crestline? Remember, I really *AM* a "Nobody" and barely a pilot, yet I have amongst my friends, this extended family, this band of brothers, God bless them all.

On a foot note, I continue to be grateful for their encouragement and well wishes and hospital visits in light of my flying accident. I am improving at one handed typing. Pardon my many typos.
_________________
Dennis Duvall
H:(No Rating)

Crestline Soaring Society - Torrey Hawks - The Dead Poet Society - USHPA

Falcon 1 195

http://www.hanggliding.org/viewtopic.php?t=15773

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Eteamjack writes:

I've known David Beardslee for almost my entire 30 yrs. I have never heard, seen, or experienced any of the negatives that a small group of Special Interest pilots have espoused. He's always been there to give a hand and ensure his fellow pilots safety. He's a very competent tandem pilot who just trys to squeak a living out doing something he loves and is good at.
_________________
H4 (1979) Lake Elsinore. Ca. U2 160/Ultrasport 166

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From 'Wingspan'

I stopped by Oz land last night and was shocked at the threads/posts that Davis was personally posting about BobK.

Davis is psychoanalyzing Bob in public, without (as far as I know) a degree in psychology or Bob's permission to do so. He's using professional diagnostic terminology which leads a reader toward giving him professional level credibility.

It's not only wrong on a moral and ethical level, it rises to the level of slander, libel, and defamation of character which are violations of Civil Laws - any and everywhere.

In my State (and I would expect the same or similar laws exist wherever Davis is running his "business") this kind of Harassment is a misdemeanor. Again, in NYS, if the crime (of harassment) involves clear and blatant discriminatory features (in this case, involving statements about a "claimed" mental illness) the crime is elevated to the next higher level of criminal violation which usually makes it a felony (i.e.,
Hate Crime).

So, who can tell me where Davis is located? I'll look up the specific and applicable laws and come back with specifics.

These kinds of underhanded, hateful and bigoted actions and tactics should not be tolerated.

SG, could you PM me a link to the Federal Internet Harassment Laws that allow the FBI to be called into a situation? I'm sure the abuser can operate a web site as well as be harassing someone who runs one.

Also, does someone know if Davis and the Oz Report are operating though any separate ISP or web hosting service which has standards and rules for usage? I'm not familiar with defining this angle on things.
_________________
WW 141 Fusion SP
Master rated, First flight - May 1975
FL, PL, PA, AWCL, CL, FSL, RLF, TUB, X-C

[FreeUSHGA]

Legal advise from the son of a lawyer, Jim Gaar..

Posted: Tue Feb 16, 2010 10:16 am Post subject: I'm from a family of lawyers... #24

Wingspan Davis is WELL aware of what he can and can not do on his forum. He is very good at covering his ass.

You would spend a fortune getting anything from his forum to a court. Whether people like it or not, he is well established as a journalist.

Like any written form of communication, you should take it with a grain of salt even if it stings your wound.
_________________
Always Your,
Wingman
Old H3
"Tow me up. I'll find my way down"

I own/fly/flew:
Guggenmos E7-WW F1-WW U2
WW Sport 167-WW F2 Tandem
WW Spectrum-NW Hor 180-NW Freedom

Organ Donor

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"HGXC" Dennis Cavagnaro wrote in defense of the developing Bevis' libel scandle:

" First of all Davis is doing nothing wrong. He is providing a forum where people can post their ideas and as jack does tries to take any form of censorship seriously. "


Bevis *is* doing something wrong.
What is legal and what is right are two different things.
Davis discredits the word journalist.

[blindrodie]

WOW just like you. Does that make you a yellow journalist too?

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Wingspan34
Location: Central NY
Posted: Tue Feb 16, 2010 1:19 pm Post subject: #27
Here are a couple things I found under Florida Law (where Davis Straub lives and operates the Oz Report) . . .

Quote:
Florida Statutes Title XLVI CRIMES

Chapter 836 DEFAMATION; LIBEL; THREATENING LETTERS AND SIMILAR OFFENSES

836.03 Owner or editor of the paper also guilty.--Any owner, manager, publisher or editor of any newspaper or other publication who permits any anonymous communication or communications such as is signed otherwise than with the true name of the writer, and such name published therewith to appear in the columns of the publication in which said communication any person is attacked in his or her good name, or it is attempted to bring disgrace or ridicule upon any person, such owner, manager, publisher or editor shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


Davis Straub has published content from many anonymous individuals [i.e., "otherwise than with the true name of the writer"]. "Douchebob" is one such individual. While people have guessed at "Douchebob's" true name, Mr. Straub has published his attacks against BobK without including his [full and] true name. (i.e., "such as is signed") In that way, Davis Straub is in criminal violation of Florida Law.

In fact, Davis Straub fails to sign his own "true name" [which legally is his FULL name - not just his first name] to published items in which he himself attacks or "bring disgrace or ridicule upon" another person. His own two recent threads, "Is Bob a lunatic?" and "Is Bob a Lunatic, Part 2" are obvious examples of "Davis's" efforts to criminally defame BobK. To do so also leads to the following Florida Criminal Law Statute ---

Quote:
Florida Statutes Title XLVI CRIMES

Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.048 Stalking; definitions; penalties.-- (1) As used in this section, the term:

(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(b) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.

(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.

(d) "Cyberstalk" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) Any person who willfully, maliciously, and repeatedly . . . harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


I think Davis Straub's ability to legally defend a criminal allegation that he has some "legitimate purpose" in maliciously and viciously attacking BobK is very unlikely. Particularly the "psychological" based info he has related regarding Bob. If he has any true authority (i.e., educational degree, and/or license) he would know that he is in violation of multiple ethical and legal obligations as such a professional. If (as is much more likely) he has no formal, recognized knowledge of what he concludes, then any "legitimate purpose" fails right there.

But, this illustrates once again, that those who are acting against Bob K. in such underhanded ways, can be considered, and, in fact, legally defined, as criminals.
_________________
WW 141 Fusion SP
Master rated, First flight - May 1975
FL, PL, PA, AWCL, CL, FSL, RLF, TUB, X-C



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