Conversation regarding what constitutes advertising in posts

[RememberSchiff]

Reminder from Forum Moderator Policy

"Posts which advertise products, services, or fund solicitations will be deleted and the member asked to  pm Terry-Scouter regarding paid advertising. "

[ThenNow]

14 minutes ago, RememberSchiff said:

"Posts which advertise products, services, or fund solicitations will be deleted and the member asked to  pm Terry-Scouter regarding paid advertising. "

Is this for me? Some of these directives are a bit cryptic. I never know quite when to fall on my sword, object, plead ignorance, meg for mercy or run for cover.

[RememberSchiff]

Just now, ThenNow said:

Is this for me? Some of these directives are a bit cryptic. I never know quite when to fall on my sword, object, plead ignorance, meg for mercy or run for cover.

The rules are for all members.

[ThenNow]

2 minutes ago, RememberSchiff said:

The rules are for all members.

Yes, but did I violate some rule unwittingly? Just trying to behave myself...thanks. 

[RememberSchiff]

35 minutes ago, ThenNow said:

See below.

If my message hadn’t been inexplicably deleted, you would see I received the same. The email (and my post) indicated it was sent by The Stang’s firm. BSASurvivors@pszj.com. Check to see if yours is, as well.

It was business advertisement sent out as an email which was subsequently posted on this forum.

As explained then and I repeat now,

Reminder from Forum Moderator Policy

"Posts which advertise products, services, or fund solicitations will be deleted and the member asked to  pm Terry-Scouter regarding paid advertising. "

Seems clear enough.

 

Edited November 7, 2021 by RememberSchiff

[ThenNow]

26 minutes ago, RememberSchiff said:

It was business advertisement sent out as an email which was subsequently posted on this forum.

As explained then and I repeat now,

1) You didn’t “explain” at all. You posted the same thing, without any reference to how it applied. I was letting people know this was sent, which is obviously relevant to others;

2) Tim Kosnoff’s Tweets and notes are being posted here over and over;

3) I am not a client of any attorney, nor am soliciting or advertising anything for anyone. I am certainly not looking for clients. Honestly, neither was he. The letter says nothing more than what’s been repeated here innumerable times and reflected in the TK Tweets similarly posted; and

4) Your bounce back echo repeat of what you said you said (but didn’t) is what I referred to as “cryptic.” You don’t explain something by giving a person a rule if it isn’t clear how it applies (or doesn’t). You understand it. I do not. Maybe it is not evident on its face and I’m just a dunce.

Edited November 7, 2021 by ThenNow

[RememberSchiff]

On 5/20/2021 at 9:45 AM, ThenNow said:

I don't know and can't really speculate. I do have a few thoughts as I look at it, both as a claimant and a former practicing attorney. If I were most of the LCs, after reviewing the data, I'd be pleading not to go Toggle B and asking for some other way, given the fact that the BSA Plan A won't be approved. Here are my thoughts:

1) By my quick scan, there are only 16 LCs with zero active/not time-barred claims against them. That's just looking at the ledger portion showing individual LC claims and not those that follow showing joint claims. between 2 or more LCs.) They seem to be in a good spot if their states have low risk of opening up and they feel confident there aren't guys yet to come forward. Personally, I wouldn't be at all confident, but business and life are a constant game of "big risk/little risk" and "now vs then" analyses. (Start at pp. 323 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/213bd53f-b44f-45c9-97fc-246bcb7ca06b_4108.pdf)

2) A single case of CSA against many LCs could sink or nearly sink the ship, asset base depending. $18+/-M is the high water mark for judgments, as far as I know.

3) Again, super quick scan, but I see a fair number of LCs with over $10M and $20M in net assets and some with a couple hundred thousand. A few that jumped off the page on the high end are Atlanta Area with $85M, Crossroads at $53M and Silicon Valley at $45m. I didn't look closely for any with more as I quickly scrolled. (Start at pp. 265.) They can withstand some hits, but how many? I didn't cross reference cases against net assets, but I'm sure the TCC has.

4) All of this data provides a litigation map. My LC has a very solid asset base, but has 5 SoL "live" claims. 5 substantial awards and that's that. If I were them, I'd opt in and nestle in under that channeling injunction if at all possible. I also believe there are many more men that didn't come forward in my home state, some claims may have facts that tolled the SoL and it's not unthinkable that the legislature will reform the law.

My nickel, for what it's worth.

I will past your disingenuous comments over to other moderators to review.

As you previously stated about yourself, you are "a claimant and a former practicing attorney", contrary to your claims of being a dunce.

@MattR@T2Eagle @elitts @gpurlee @Eagle1993

 

Edited November 7, 2021 by RememberSchiff

[ThenNow]

48 minutes ago, RememberSchiff said:

I will past your disingenuous comments over to other moderators to review.

I’m clueless. I guess I’m off the forum for a while if this is how it’s going. I am sincerely unsure what you’re saying or trying to indicate. 

[johnsch322]

2 hours ago, RememberSchiff said:

It was business advertisement sent out as an email which was subsequently posted on this forum.

As explained then and I repeat now,

Reminder from Forum Moderator Policy

"Posts which advertise products, services, or fund solicitations will be deleted and the member asked to  pm Terry-Scouter regarding paid advertising. "

Seems clear enough.

 

It would be helpful if you were a little more explicit in the explanation. When you posted what you did originally I wasn’t sure if it was directed at myself or to whom it was directed to. 

[yknot]

9 minutes ago, johnsch322 said:

It would be helpful if you were a little more explicit in the explanation. When you posted what you did originally I wasn’t sure if it was directed at myself or to whom it was directed to. 

I was also absolutely unclear to what our moderator was referring and I am neither an attorney, a client, or a victim. I'm just interested in trying to keep track of what is going on and who all the different players are. 

I went back and reviewed all of the recent posts including ThenNow's and could find nothing that seemed remotely commercial. It was a long thread of logistical discussions similar to you can buy tents at Walmart, Costco, or REI.

With all due respect, this was a pilot error, not a passenger problem. 

 

 

Edited November 7, 2021 by yknot

[gpurlee]

The distinction between information and a solicitation may not be clear cut. This may be especially true when copying a third party posting.

For me, the distinction includes:

(1) Is the posting potentially offering a service or product which could be monetarily reimbursed? Certainly an attorney such as Tim Kosnoff or another professional could be in the position of offering a reimbursed service.

(2) Is there contact information such as a telephone number or e-mail provided which could be used to conduct a transaction?

 

This applies whether the individual is offering a service or selling a product such as Scouting memorabilia. 

The original poster clearly was not offering his services but  the copying and posting of the third party information could be seen as a solicitation on the forum even if that was not the intent of either the OP or Mr. Kosnoff. 

My email is tim@kosnoff.com<mailto:tim@kosnoff.com>. My cell number is 425-830-8201. I respectfully urge you to listen to the lawyer that listens to you and returns your phone calls.

If the contact information listed above had not be included, I personally would have fewer concerns that it might be viewed as a solicitation (even if that was not the intent of any of the parties).

My opinion.

Hope that helps.

GP

 

[johnsch322]

23 hours ago, RememberSchiff said:

Reminder from Forum Moderator Policy

"Posts which advertise products, services, or fund solicitations will be deleted and the member asked to  pm Terry-Scouter regarding paid advertising. "

Can you give examples of what is and what is not acceptable please?

 

 

[johnsch322]

2 hours ago, RememberSchiff said:

I will past your disingenuous comments over to other moderators to review.

As you previously stated about yourself, you are "a claimant and a former practicing attorney", contrary to your claims of being a dunce.

I keep reading this over and over and I personally believe you owe him an apology.  

[johnsch322]

39 minutes ago, gpurlee said:

My email is tim@kosnoff.com<mailto:tim@kosnoff.com>. My cell number is 425-830-8201. I respectfully urge you to listen to the lawyer that listens to you and returns your phone calls.

If the contact information listed above had not be included, I personally would have fewer concerns that it might be viewed as a solicitation (even if that was not the intent of any of the parties).

It seems to me that obviously @ThenNowwas not soliciting and that Tim Kosnoff wasn't offering his services for sale.  Rather he was offering advice and a way to contact him for advice. He states "Please feel free to call me or email me with any questions you may have."

[T2Eagle]

58 minutes ago, johnsch322 said:

Can you give examples of what is and what is not acceptable please?

 

 

Respectfully, we probably cannot.  Any hypotheticals we might provide would be on the outer edges of the spectrum, and wouldn't illuminate even for us where the lines are within the gray areas.  We ourselves don't have a stock of posts that we can look to for any precedential use.

Candidly, speaking for just myself, I am not that invested in trying to draw up an elaborate set of rules because I don't think that's necessary to fulfill the mission of the forum which is to be a venue for folks to have respectful, though vigorous at times, discussion about matters related to scouting. 

No one should take, and the moderators do not intend, for the deletion, editing, or moving of a post to be a commentary on the author of the post.  I cannot emphasize this enough, it is unwise for anyone to feel too protective of any one of their posts, because we cannot live up to that expectation.  We’re trying, as a group of volunteers who don’t even really know each other, to keep useful guardrails on a rare civil space on the internet.  We are imperfect at doing that, accept our imperfection as the cost of using the forum.