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December 2002

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Subject:
From:
Lee Bell <[log in to unmask]>
Reply To:
SCUBA or ELSE! Diver's forum <[log in to unmask]>
Date:
Mon, 16 Dec 2002 07:30:13 -0500
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David Strike wrote:

> Fortunately, I've matured (?).  Today, of course, I've started to believe
> that Morality, Justice and the Law are one and the same thing.  And that
> physical violence never resolves anything!  ( I am, however, having
> difficulty in convincing myself of that latter belief.)  :-)

My, my, my, so many misconceptions:
1. Morality is the personal code that you, individually live by.  It may or
may not be just or legal.  Justice is the social code by which individuals
or groups are rewarded or punished for their behavior.  It may or may not be
moral or legal.  Law is a code imposed to allow people to live and function
as a society which has been corrupted by political self interest, which is
only occasionally moral or just. 8^)
2. Whoever said that physical violence never resolves anything, was lying.
Unfortunately, it tends to violate law, even when it is both moral and just.
8^)

> When they then - having been caught out - refuse to pay, I tend to get
incensed!
> Especially when they . . . throw down the gauntlet and suggest that any
legal fees will cost
> me more than the original payment on the article!
>
> In the past, I've let it go by.  This time, I'm fuming.  And I'm not
alone!
> Other contributors have been dealt the same  treatment.  And all of this
by
> people with scant knowledge of diving - or publishing!
>
> To answer your question as to why I'm quiet?  I've suddenly become bitter
> and twisted.  And while I've elected to follow the advice of lawyers in
the
> matter and watch the years pass by in a lengthy, convoluted  attempt to
seek
> proper justice, I am sorely tempted ......

Then give in to temptation . . . sort of.  While physical violence may not
be legal, legal violence probably is.  I don't know a lot about Oz law, but
in the U.S., it's common to include the cost of collection in legal action
to recover just payment.  Some consumer laws make it automatic specifically
because individual citizens often can't afford the cost of litigation
against corporate ones.  If your attorney can't help, I'd start by looking
for one that can.  One should always use the proper tool for the job.  In
this case, an attorney that's not real moral or just may be the right tool.
As far as I know, they're common anywhere attorneys are allowed to live.
Keep in mind that the fact that litigation can and has been abused, does not
make all litigation abuse.  Sometimes, like this case, are why the laws
exist in the first place.

Even if the cost of collection is not recoverable, it may be worth the price
both personally and socially.  The problem goes beyond the property stolen
from you to the underlying principals that protect the intellectual property
of writers in your country and internationally.  There are both personal and
social repercussions to this in all three arenas, morality, justice and law.

If the cost really is more than you wish to pay, then it's time to accept
that you chose to forego justice.  If the cost is more than you reasonably
can pay, then it's time to accept that life is not always moral, just or
legal.  Any way you look at it, it's time to move on, denying the theives
the satisfaction of stealing your enjoyment of life in addition to the
intellectual property they've taken.

No matter what other action you may or may not take, I still recommend you
disclose the name of the perpetrators of the crime so that we may at least
help by denying them from the benefit they might otherwise expect . . .
sales dollars from those of us who consider morality and justice to be
worthy ideals.

Lee

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