1213 lines
74 KiB
Plaintext
1213 lines
74 KiB
Plaintext
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> DENNY HAYES STR FOCUS? * EXCLUSIVE! * "..if I single someone out.."
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=====================
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THE PRICE OF COPYRIGHT VIOLATION
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================================
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STReport has obtained directly from DENNIS HAYES his very own
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statements concerning his arrest and ultimate conviction for copyright
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violation. Names of individuals and companys mentioned have been
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removed or blocked out.
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by Dennis Hayes aka "Denny" Hayes
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Part I
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======
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This is the statement I prepared to read at my sentencing, but was
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advised not to read, because the judicial system doesn't like you saying
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bad things about them. I've also added a comment at the end. I've tried
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to make sure it's as truthful as I can. If there are any mistakes, it
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wasn't intentional. Of course everything is from my point of view. I
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can't pretend to be someone else, and think like them. Many are going to
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read this, and say I got what I deserved. Ignorance is bliss. To affect
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what happens to me has nothing to do with me writing this. My sentencing
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is over, and what I say here makes little difference with respect to me.
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But if anything, I say here, can help keep anyone else from going through
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this, it was worth it, and will make me feel what I have gone through had
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some purpose.
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S T A T E M E N T
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Your honor,
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I've been informed that I should make a statement in my behalf. I've
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had a long time trying to decide what to say, but it's hard to decide what
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to say. I'm not an attorney, and don't know what will help me or hurt me,
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and I doubt that it makes any difference what I say. If I say something
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good about myself it comes out that I'm trying to pretend to be an in-
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nocent bystander. If I comment on the many problems I've had to date, I'm
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looked at as a complainer, and most of us have problems in life. If I say
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nothing, my family has to suffer. If I comment on the questionable tac-
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tics used to prosecute me, I'm passing the buck, and not accepting blame
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for my actions. And in reality most of the agents I've met are surpris-
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ingly intelligent, and fair. I even thought of mentioning one who has
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tried his best to be fair, but I'm afraid if I single someone out it might
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put him in bad light. Anyway, he knows who he is, and he has my thanks.
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Since I'm not sure what is best said, I'm just going to say what I
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feel, trying not to hurt anyone, and let it fall where it may. And since
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the pre-sentencing investigation report started when I was in grade sch-
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ool, so will I.
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I'm a technically oriented person who started school, and really en-
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joyed learning new things. When the rest of my peers were playing base-
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ball, I was studying. And for this effort I had the words honor pupil
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written on the side of my report card every year. The problem was, and
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is, there is no reward for this effort. The kid who can knock a home run,
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and lean against the wall looking cool, without saying a thing gets all
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the attention. In reality he probably says nothing because he can't put
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two syllables together to form a word.
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There are many other advantages to not appearing smarter than anyone.
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When my oldest daughter was in the first grade, she could already read,
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because I had spent the time to teach her. Her teacher complained to me
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that I should stop teaching things to her ahead of time, because it made
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it hard for the teacher to teach her, when she already knows, the things
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she is trying to teach to her. I guess they want everyone at the same
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level now. Just a couple weeks ago she came home, and said she had to
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redo a report she had turned in, because she had done it on a computer,
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and was told it wasn't fair to the kids that didn't have one. I guess she
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also shouldn't use her brain, if the rest of the class doesn't have one as
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good either.
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So around the sixth grade I decided that if I didn't appear too
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smart I might be accepted a little more. That was easy, just fail a few
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tests on purpose. The problem was it didn't work. I just didn't think
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like most people, and I didn't like baseball, or football. Also, in most
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other areas I didn't think the same. And I didn't take what was told to
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me by others without trying to find out what was really true. Which is
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probably a large factor that brought me here.
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I joined the navy after graduating from high school, and entered
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electronics school. I graduated in the top 10% of my class, and was
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jumped to the next rank.
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In college I didn't understand the importance of a degree. I just
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loved electronics, and wanted to learn everything about it that I could
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without wasting time on subjects like English, and Psychology. Or maybe I
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was just impatient. So even though I've had many hours, I never matric-
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ulated, and therefore never received a degree.
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After school I started working for a company as a non degreed engi-
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neer, at $3.10 per hour. Very quickly I was considered the oddball elect-
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ronics wizard of the company. This upset the former wizards, who tried to
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make it as hard as they could for me. After three, and a half years, I
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had all the political beating I could take, so I quit, and took a job as
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assistant chief engineer with a new company, which was, four years later,
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bought out by the same guy that started Days Inn Motel chain. During the
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transfer they had a flood which put them out of business. So I was left
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without a job.
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I then started working for consulting engineering firms on assignment
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to large companies like Procter & Gamble, Monsanto, AM Kinny, etc.
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As I started having a family, I wanted to make a better living for
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them, and myself. Large Fortune 500 companies required a degree, and you
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really didn't need to know much. And smaller companies didn't pay much.
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They liked being able to hire someone who is good, and who they didn't
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have to pay much. It's a shame that you get paid for the piece of paper
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rather that what you know, and can do. Prior to having a family, I really
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didn't care though, I loved what I was doing, and the money didn't matter.
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So I decided to start a company with a friend of mine. The problem was, I
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didn't realize how lazy he was, and after some customers cancelled their
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orders, because he didn't finish his part, I started my own company,
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designing, and building robotics, and test equipment for large corpora-
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tions.
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That was one of the biggest mistakes I ever made. I worked over 100
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hours a week, and made little money. Large corporations seem to get where
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they are by walking on small companies, and throwing them away when they
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ask a fair shake. I had a meeting on the eleventh floor of a local chemi-
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cal corporation tower, where they admitted they owed me thousands of
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dollars, but were not going to pay, because they had hired some new young
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hot shots who wanted to do the job by themselves. The former head of the
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department had been forced into an early retirement at the age of 59,
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which later caused him a heart attack. When I mentioned that I would have
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to take them to court, I was informed that since all the orders, they had
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given me, were rush orders, they hadn't sent me any paper work. In fact I
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don't ever remember getting paper work on any jobs I ever did for them.
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Every job was a rush job, and if you wanted any future orders from them
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you did what they ask. Of course I consulted an attorney, and of course
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he told me that I would be a fool to take on a company of that size. I
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made the mistake one time to take a company to court, who owed me a large
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amount of money, and I saw what happens. I won't go into detail of what
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the job was, if you are like most attorneys, high tech stuff is out of
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your realm, and it would take too long to explain. But to make it simple,
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it was an assembly job, something any low tech person could do. I did
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this job, on 30 day open account payment, which is quite usual in the
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electronic world. I sent the first half open account. But before the
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second half of the order was completed, I was informed by another company,
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that they had a bad reputation for not paying their debts. So I made the
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second half COD. True to form they didn't pay for the first half.
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After months of run around phone calls about the person being respon-
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sible for payment being out of town, etc, I decided to take them to court.
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They counter-sued, saying the units I'd done were defective. And without
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notifying me, or giving me the opportunity to repair any supposed defect,
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they said, they had repaired them at a cost of twice what I charged them
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for the whole order. My attorney felt since they were caught in many lies
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in court, and they admitted they never contacted me about any defects, we
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would win. Two weeks later the decision came down that I owed them all
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they asked for, and I got nothing. What happened, who knows. Since
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Cincinnati is not a very good place for a high tech business, and I'd had
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quite a few other bad debts, I was forced into bankruptcy.
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But not being the kind of person who gives up, I started again with a
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business manufacturing printed circuit boards, and consumer products. I
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guess this was like jumping from the frying pan to the fire. At one time
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Cincinnati had about a dozen specialty electronic design companies in
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town. Now there is only one I know of. They have all realized there is
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no money in it. So I'm sure it's not just my ability to run a business.
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People save up a little money and get the idea to sell some widget or
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something. They hire someone like me to design it for them, not knowing
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that the product has little importance. And after the reality hits they
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drop the project like a hot potato owing me a large amount of money. I
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tried getting money up front, but they use it up then they have me bill
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them for the rest at 30 days, which stretches to 90 days, or more before I
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realize they have run out of money. At that time I've worked over three
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months for nothing.
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It's a shame but most people don't know quality. They buy advert-
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ising, name, and flair. I have a friend who is the head of the design
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department of the largest local toy company, who tells me the product is
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7th on the list of importance with his company. Marketing of course is
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first, and the list goes down from there. You can quickly see you don't
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need a good product. If you have a good marketing program you can sell
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manure for $5.00 a gallon as fertilizer, face cream, or whatever. It's a
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shame, but I now find my skills aren't really needed.
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After a few years of this, I see I'm heading for another bankruptcy, I
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feel I'm getting old, I then lost someone I cared a lot about, and I find
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myself wandering around Drug Palace trying to find something I can kill
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myself with, with assurance that it will work. Fortunately the medicines
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that work for sure are prescription only. Also, I began to realize that
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it would put a big strain on my family, and I didn't want to do to them
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what my mom did to me, so I called University Hospital and told them
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something was wrong with my head. They put me on a new anti-depressant
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drug test program, which turned me into a zombie. Our living conditions
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were really bad. My furnace went out, and I couldn't afford to replace
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it. So for three winters I asphyxiated my family and myself with kerosene
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heaters, which didn't even do much, except make us all cough a lot from
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the fumes, when it was really cold. So we often wore coats to help keep
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us warm. They started foreclosure on our home three times, but somehow we
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ended up coming up with enough money to stop it. I later finally lost it.
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At one point they turned our electricity off. The kids were sitting in
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the tub using the hot water left in the hot water tank to warm them up,
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until it ran out. I had no money but I was expecting a check for a little
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job I'd done, so I turned the electricity back on again myself. A few
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days later I received the check, and paid the electric bill. Then many
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months later, a representative of CG&E and a county sheriff came to my
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house with a warrant for my arrest for theft of utilities, even though my
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electricity was paid up to date. After talking to my attorney they agreed
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to drop the charges, if I would pay around $500.00 for a crack in the
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meter that I'm not sure I even caused. I paid it, and a few weeks later
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CG&E re-instituted the charges, saying the person who agreed to drop them
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didn't have the authority.
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Since the utility companies have recently pushed through a law (which
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I doubt that many know about) that makes it a felony to do anything aga-
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inst them, I was charged with a felony. I was encouraged to plead guilty
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to a lesser charge, and was put on one year probation. And then my wife
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left me, stating that she had enough of being poor, and later divorced me.
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Maybe she is better off. Life like this is tough.
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So after a few months I had enough of the pills I was taking, and
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threw them in the garbage. I now partially understand how my mother,
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after graduating with honors at the top of her class took 30 sleeping
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pills and killed herself. When I was younger, I would never have believed
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it could get this bad. As I think about it though, I guess it makes
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sense. If you don't have the burning desire to accomplish much, you face
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very little disappointment.
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For the next two or three years I could not function. I'd sit on the
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couch crying sometime, in a daze sometime, thinking a lot, and trying to
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function off, and on. And I wasn't a very good provider for my family.
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We would be on welfare, then I would do a little job, then we were back on
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welfare, etc. Somewhere in there I bough a small game computer, and
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learned how to push it beyond its limits. I thought games were a waste of
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time, so when I heard a company was coming out with a device that plugs
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into the slot on the computer meant for game, but would allow me to run
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word processors, spreadsheets, etc I checked into it. I found the device
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needed a set of two computer chips from a MacIntosh computer, so I called
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around, and ended up borrowing some money, and buying about a dozen from
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different places. I figured since the supply seemed low, I could sell the
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remainder at a little markup. Later I ran an ad on a computer bulletin
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board, that I had some chips for sale, and if anyone was interested they
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could leave me a message. I received over 300 requests for the chips.
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Then I started thinking. I knew I could copy the chips for my fri-
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ends, and myself. That way I could sell the rest of the chips I had and
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make a few dollars. So I bought some blank chips, copied the chips, and
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sold the ones I'd bought. After a while everyone, I hadn't shipped to,
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was calling to find out why I didn't ship them any. I told them that I
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only had purchased a dozen sets, and they were all gone. So I decided to
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order some more chips, copy them, and send everyone a set.
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This continued until I had orders coming in faster than I could make
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them. At this point I started wondering about the legal problems I might
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get myself into, so I contacted from 5 to 10 attorneys (including my
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present attorney) to find out what could happen. Some said they didn't
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know for sure, and others said I could be sued by Apple for copyright
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infringement. Not one ever mentioned anything about criminal prosecution,
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even though I told them exactly what I was doing. One of the investi-
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gators recently told me, I should have known it was a criminal violation
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to do what I was doing, because there are many indications in life that it
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is a criminal offence, like the notice on video tapes. I told him that
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there is so much false propaganda in society that I felt the only way to
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find out for sure was to check with the people who should know. I guess I
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learned something there.
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A year and a half ago, I was asked by the company who made the device,
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which my chips plugged into, to show people how it worked at a computer
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show in Chicago. At that show, about five business men came up to me and
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asked me where you get the chips to make the device work. I told them
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that they could order them from me. At that point they informed me that
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two of them were attorneys, and the other three were from Apple Computer.
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Since they didn't seem upset, and seemed only curious how a cheap game
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computer could run software created to run on a MacIntosh, I assumed they
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didn't really object. If they had ever even implied that they wanted me
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to quit, I would have done so. I had already made more money than I ever
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expected too. It also seemed in line with Apples normal policy. They
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encouraged schools to use MacIntosh software by selling MacIntosh com-
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puters to the schools at almost cost. They have many times published that
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students would get used to using Mac software, and then recommend MacIn-
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tosh computers when they got into the business force. Allowing kids to
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use game computers accomplishes the same. It's curious that when everyone
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is questioned about a victim of my crime, they really can't find one, so
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they dance around the question. In reality I doubt that there is a vic-
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tim. The users are happy they have access to information they wouldn't be
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able to afford. And in more ways than one it is boosting Mac sales.
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In fact I had a policeman from New York who bought a set of ROMs from
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me to use in his sons computer, and later showed it to his department who
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ended up buying hundreds of thousands of dollars worth of MacIntosh com-
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puters for their department. I had another person buy a set for one of
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his children's computer. He kept them for four months, and called me one
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day to ask if he could return them and get some money back. When I asked
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him why, he informed me he was a doctor, and had went out and spent over
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$10,000.00 on a top of the line Mac IIci. I told him to send his ROM
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chips back, and I would give him all his money back. And these are only a
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few that I know of. Until I was charged, I had sold over 5,000.00 sets of
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ROMs to every kind of person from the US Treasury Dept, and the Veterans
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Administration to school kids who were using their game computer to do
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their homework. But I doubt that many people who can really afford to buy
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a MacIntosh computer are going to buy a game computer with all of its
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problems.
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It was funny though, when I was asked what the US government could
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possibly be using the ROMs for, as if they never would skirt around the
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law. I don't mean to pick on government workers, but even though they
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may not want to admit it they are just like the rest of us. Getting what
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they can for as little as they can, and trying to do the best they can in
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a situation where the cards are stacked against them. I know they have
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been cutting the budget, but I believe the government can afford something
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besides a $300.00 game computer. It won't ever be public, but I think I
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know what really happened. Some people working for the government wanted
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to play with one, and just got the government to pay for it, and since the
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FBI knows about it, he probably is already in trouble. See they are as
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bad, and sometimes worse than the rest of us. It makes you wonder how
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many other personal toys, the public is paying for. Mentioning this is
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not an attempt to point the finger, and say they do it too......... Well
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on second thought maybe it was, otherwise I wouldn't have mentioned it.
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But, I am still guilty of making them. Without me they would have probab-
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ly had a friend copy the program into an EPROM or something. In fact from
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what I have counted, only about a forth of the people have been buying
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ROMs like the ones I made. Most people in the computer world probably
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either make them themselves, since it is so simple, or get a copy of the
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program on a computer disc, which is even easier.
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All this may sound like Greek to a person who doesn't spend much time
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with computers, but swapping computer programs, is the norm in the com-
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puter world. To date, I've never met a person who wouldn't ask for a copy
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of a program I had, or more often agree to swap a copy of a program he had
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for one I had. There are many hundreds of computer boards around the US,
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and other countries, who offer a 5 or 8 to one exchange. Of course they
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are all copyrighted, and anytime you copy one you are breaking the law,
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but given the option to do without or pay the $200 to $20,000.00 or more
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for a program they aren't really going to use in business, they would
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probably do without. For most it's really more like collecting baseball
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cards, since very few, I talk to, ever seem to know much about the
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programs they already have. It takes much effort, and most people are
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lazy when it comes to using their brains to learn something new, or just
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don't have the time. It's the few that do, that go on to become the whiz
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kids of the future. If they don't have access to the information, this
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country is doomed.
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Try to compare it to going to the public library in which almost all
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books are copyrighted. Now try to find a floor of the library without a
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copier. What's that copier for. Now, and in the future more and more
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data is being put on computer discs. In the distant future the library as
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it is today will probably disappear. Can you imagine what it would be
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like if you as an attorney, or a student had to buy every book you used at
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the library. I understand that there is a law that says you can now copy
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part of a book but not the whole book, but there is no way you can copy
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part of a computer disc, and be able to use it. Or to really compare
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apples and apples, attorneys and many other professionals are using what
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they copy to make money, so you could say they should have to buy the
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book. Well, in reality if they find they use it a lot, they usually do.
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And in the computer world, if they use a program a lot, they also usually
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do. It's so much nicer to have the support of the author of the program,
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and be able to call them and get help by giving them your buyers' author-
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ization number off the box, when you need help.
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And if you know very little about computers, what I did was sort of
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like providing the viewer to look at these programs. And if you have the
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viewer, you look at MacIntosh programs, and if you find a use for them you
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buy them, and Apple, and their developers therefore make money. And if
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they have a real use for the programs, they usually get discouraged by the
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problems of the game computer, and you go out and buy a real MacIntosh,
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which makes Apple even more money.
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I still can't understand why, if it is now the business of the FBI,
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to stop the pirating of software, why do they know about these pirate
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boards, and not stop them. And I can guarantee they know about many of
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them. From watching, and talking to them it seems it's only against the
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law if you make money doing it. That's cute, you can supposedly cheat a
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company out of all the money you want, but if you make too much money
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doing it, the FBI is going to take it away, put you in jail, and not give
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a cent to the people who have been ripped off. There are some other
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things they have done, in my case, which I wont mention because it might
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hurt people needlessly, which also let me know this is true. Also, in my
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|
case they say they are not even sure Apple lost any money. I think I may
|
|
have figured out the amount too. I watched an agent get chewed out in
|
|
front of me for telling his boss that I had a million dollars, when I only
|
|
had less than a $400,000.00. It seemed he was irritated that they came
|
|
after me before I made enough money for them. Which was also in bad
|
|
taste. He could have waited until I wasn't around. I actually felt sorry
|
|
for the guy.
|
|
|
|
Contrary to what Apple might try to say, real businesses aren't going
|
|
to buy game computers to use, and the game computer doesn't run all the
|
|
software, or have color, anyway. I also doubt that many of these mostly
|
|
kids who are using game computers could afford the over $3000.00 price for
|
|
a Mac. And the idea as was mentioned by Apple's attorneys that they would
|
|
worry about repair of the bad chips they might get back, is also ridicu-
|
|
lous since they admitted the part only cost them $1.00, and if every chip
|
|
I ever sold failed they could replace them all for less than $5,000.00.
|
|
To date I've only had about a dozen people call and say their chips didn't
|
|
work, and I just sent them a new one. In reality, when I checked them
|
|
most of them weren't really bad at all. They must have been plugging them
|
|
in wrong or something. It's very rare for a chip that has no moving parts
|
|
to ever go bad.
|
|
|
|
I admire IBM who when Compact Computer Company did exactly what I did,
|
|
by copying the chips from IBM's MS DOS PC computer, told Compact Computer
|
|
they didn't care, and that they felt it would help MS DOS computer sales.
|
|
And I guess it worked. Today MS DOS computer sales count for over 60% of
|
|
all 'S computer sales. I'm curious what would have happened if IBM had
|
|
taken the position of Apple computer. I wonder if they would have charged
|
|
the owners of that large corporation with something, and then tack on
|
|
charges that carries 26 years in jail. I doubt it.
|
|
|
|
Another interesting thing is that the copyright, that I'm accused of
|
|
violating, is presently in litigation in California. And the ROM chips I
|
|
was selling aren't even for sale anymore, by Apple. If you own a MacIn-
|
|
tosh computer, and have a chip go bad, tough luck, it's out of warranty,
|
|
and you go out and plunk down another $3000.00 for another one. They
|
|
probably won't admit this, but I've sold quite a few hundred sets to
|
|
repair centers for Apple, who say they can't get them from Apple anymore
|
|
at any cost. As for the litigation I mentioned, it seems everyone is in
|
|
litigation. IBM has encouraged Microsoft Corporation and Hewlet Packard
|
|
Corporation to make a program that works like the MacIntosh ROMs to be
|
|
used in the IBM MS DOS computer, so Apple is suing them. This upset many
|
|
people, including Apple Records who is now suing Apple Computer for using
|
|
their name and going into the music business without their permission.
|
|
And Zerox is suing Apple Computer for copying part of the same program
|
|
which is in the ROMs that I'm accused of copying. They say they created
|
|
it to be used in a computer that they later decided not to produce, and
|
|
Apple has copied it without their permission. Also there is a group of
|
|
engineers within Apple who calls themselves the New Promethius League who
|
|
are dissatisfied with the bully tactics used by Apple, and are giving away
|
|
the program I was selling to anyone who asks for it at no charge.
|
|
|
|
Apple appears to be trying to monopolize a computer that they didn't
|
|
really totally create themselves, and is making many people in the com-
|
|
puter world very unhappy. They drastically over charge for it, and sue
|
|
anyone who is possibly a threat. Now they have the FBI doing their work
|
|
for them, so they don't look worse than they already do. You can buy an
|
|
IBM with the same power for less than a third of the cost. It's very
|
|
interesting that you can run most of their software on a game computer
|
|
that sells for a little over $300.00 and until recently they sold the
|
|
lowest cost Mac for over $3000.00. Fortunately computer publications
|
|
aren't so sympathetic, and are informing people of what is going on.
|
|
Also, fortunately for the consumer, so many people are angry that I doubt
|
|
that Apple will be able to hold out in the long run. In a way I hate to
|
|
see it. The Mac is a really nice computer and I'm going to hate to see
|
|
developers steer away from it. But maybe it will make them clean up their
|
|
act. In reality, I doubt it.
|
|
|
|
I've been asked many times by companies wanting to create a clone of
|
|
the Mac if I could sell them 256K ROMs from the top of the line Mac II
|
|
family. It's actually as easy to copy as the ones I sold, and I could get
|
|
twice the money, but I like the Mac computer, and don't want to do any-
|
|
thing that would harm Apple. Not for Apple themselves, but the consumer
|
|
like myself would be harmed. My interest in playing with Mac software is
|
|
what has helped bring me out of the deep depression I was in. I have also
|
|
met a friend who lives in Pasadena, CA who is in the same boat. His wife
|
|
died, and at the age of 60 sitting around waiting to die he developed an
|
|
interest in Mac software, and now lives in his computer as I do. That was
|
|
until the FBI took his ROM set away from him. He could never have done it
|
|
without the emulator by Gadgets Inc, and the ROMs I sold him. The
|
|
computer would have cost more than his car.
|
|
|
|
This same Apple Inc. has now contacted the FBI to use them to stop me,
|
|
when all they would have had to do is ask me to stop. And all the reports
|
|
show that the FBI has really done everything by themselves, so as to not
|
|
involve Apple. I even believed it for a while. In order to not hurt the
|
|
persons who finally let me know what really happened, I won't mention how
|
|
I found out to the contrary. Now I'm forced to plead guilty to char-
|
|
ges, or I will be charged with multiples of the same charges for each
|
|
transaction, and other charges, which carry more time than me and my great
|
|
grandchildren have to live. But the real reason I plead guilty was that
|
|
I didn't want anymore local publicity than has already been published, and
|
|
I've been told you can't beat the IRS or the FBI, anyway. So far it has
|
|
appeared in only one local paper, and the way it was worded, mentioning
|
|
guns without saying that they were legally registered, and using words
|
|
like money laundering which most people believe has something to do with
|
|
drugs, has caused many people to believe I must be involved with the
|
|
Mafia. My oldest daughter cried herself to sleep one night, when her best
|
|
friend's father told his daughter that she wasn't allowed to talk to her
|
|
or come to our home anymore, because my criminal gangster friends might
|
|
come after me sometime and hurt his daughter. And her dad is supposed to
|
|
be an intelligent engineer at General Electric Company. I wonder what the
|
|
not too intelligent people are thinking. But since writing this, and
|
|
receiving my sentence I have decide that, hiding things lets them hurt you
|
|
more.
|
|
|
|
It does seem a little out of proportion to tack on laws that carry a
|
|
25 year sentence to a charge that carries a maximum sentence of one year.
|
|
And even though I understand that ignorance is no excuse, it's interesting
|
|
that when I went to question people to find out who created all the lies
|
|
on the search and seizure warrant, I questioned my bank manager who along
|
|
with denying that he said what was stated on the report, went on to tell
|
|
me that he was asked why he didn't report me when I was making so many
|
|
transactions under $10,000.00. He told me that, he told them, he knew the
|
|
form had to filled out for transactions over $10,000.00 but he didn't know
|
|
it was against the law to do anything under that amount. One of my attor-
|
|
neys, after reading the law, said heck the way the law is written, I might
|
|
have been guilty of violating it, in the past. I told him to lower his
|
|
voice, or he might be charged next. I don't know how they can expect
|
|
people to follow the rules, if no one seems to know the rules.
|
|
|
|
It has been implied though not stated that I was going to hide my
|
|
income from IRS. This is total bunk. In the search warrant it was repor-
|
|
ted that I told bank managers, and other people, on many different oc-
|
|
casions, that I was trying to cheat on my taxes. I talk a lot, but I
|
|
don't think I would be that crazy, even if I really had the intent. And
|
|
all of them denied it, when I later asked them. Since I'm hoping the
|
|
prosecution hasn't gone as far as to make things up, it's either that
|
|
someone tried to score some points while talking to an agent, or they
|
|
misread my attempts to hide my actions, and told themselves, that was what
|
|
I was doing. There probably is no way to ever find out. At another bank
|
|
where it was stated that, I said the same thing, I have only talked to the
|
|
young teller, and I really believed her when she said no one ever talked
|
|
to her. I'd guess the information was third hand from her boss, who I
|
|
have never talked, too. So many people have supposedly said it, that it
|
|
appears as if it's coming from a script. I could go on and on about this,
|
|
which serves no purpose.
|
|
|
|
I guess it's is just that when you do unusual or questionable things
|
|
people read into it what they want, too. I even had the probation officer
|
|
who came to make a pre-sentence investigation report on me write in his
|
|
report that I told him I was going to cheat on my taxes. Now this is
|
|
really nuts. I had told him when he was here that I had no intention of
|
|
cheating on my taxes. After he left, I called him to tell him something I
|
|
had forgotten, and ended up telling him again, just to make sure he un-
|
|
derstood, that I had no intention of cheating on my taxes. When a copy of
|
|
his report came to me a few weeks later, it said I told him I was going to
|
|
cheat on my taxes. Since I had the right to object, I called my attorney
|
|
and had him get it removed. That is, I hope, I never saw the final editi-
|
|
on. It's as if this fixation is in everyone's head. In all honesty, the
|
|
investigator I talked too, was very fair in his report. He probably was
|
|
obligated to say this or something. I really don't know. All I know for
|
|
sure is that I doubt that I would have the nerve to falsify my income tax,
|
|
knowing I would probably be audited, and I would have had no way of kno-
|
|
wing how much information they would have known. I told an FBI agent
|
|
recently, that knowing my personality, it's possible that I would have
|
|
pushed the limits a little, but didn't even get to find out, and really
|
|
even doubt that. At one time I had thought of giving them an extra $50,0-
|
|
00.00 beyond what I owed them, just to insure they wouldn't come after me.
|
|
But, as my dad, who was head of a local branch of the Ohio State tax
|
|
bureau for many years told me, with the IRS rules the way they are, I
|
|
probable would still have been charged with something.
|
|
|
|
I had more money than I needed, and was trying to straighten things
|
|
out. I did many stupid things that may have indicated I might try to
|
|
cheat. But everyone knows, it is serious stuff to make a lot of money,
|
|
and not pay income taxes. If I had to guess what I would have done, from
|
|
past filing experience, I probably would have done, what I did in previous
|
|
years. Take the book you get from IRS, go down page by page, looking for
|
|
the category things I had bought, fell under, and if it looked as if I
|
|
could deduct it, I would. Because every thing written can be interpreted
|
|
may different ways, I probably would have deducted too little or too much.
|
|
I wonder if anyone even believes me, even my attorney may not, though he
|
|
probably really doesn't care, he's just doing his job the best he can. In
|
|
fact that seems what everyone is doing, while covering their tail at the
|
|
same time. It's real frustrating when you know your own thoughts, but
|
|
can't find a way to explain them to others, without them reading in their
|
|
own thoughts. And even if you could, the system is set up so, that most
|
|
of them can't even do anything about the chain of events anyway. Here I
|
|
am not being charged with trying to rip off IRS, but yet since the pros-
|
|
ecutors feel that was what I was going to do, they have used other charges
|
|
which can convict me without actually having to charge me with what they
|
|
think I was going to do. Something is definitely wrong with this system.
|
|
|
|
As my secretary, my friends, my family, and myself have many times
|
|
told the FBI, and if anyone is really interested, I felt that some day I
|
|
might be sued by Apple as attorneys have told me, so if it happened I
|
|
didn't want them to be able to find my money. In fact most of my money
|
|
came from out of this country via bank transfers, which appear on my bank
|
|
statements which would be available at any audit. I admit I wrote checks
|
|
to myself to remove the money from the bank, but I don't believe this is
|
|
against the law, and I also cashed most of the US checks written to my
|
|
name, which is also not against the law, or the bank wouldn't have let me
|
|
do it. During two bankruptcies I've had creditors go into my account and
|
|
take all they could find. At one time I had no money for groceries, so I
|
|
borrowed some money from my brother, and like an idiot put it in my check-
|
|
ing account. The next day one of my creditors took every penny. I ended
|
|
up going to welfare to get an emergency food voucher.
|
|
|
|
I admit I didn't file income tax for a few years. I wasn't making any
|
|
money, and in my depressed state, not really wanting to live anymore,
|
|
filing income tax was low in priority. I'd also asked what the penalty
|
|
for not filing was. and I was told that I would have to pay an additional
|
|
penalty based on what I owed them, which in my case was nothing. I un-
|
|
derstand, unless you make a certain amount, which I'm sure I didn't, you
|
|
aren't required to even file. But I bet, if you asked 10 attorneys, you
|
|
would get either an I don't really know for sure, or 10 different stories.
|
|
They don't even know all the laws. I understand, however, as consistency
|
|
follows through, there is a law that says you must file, and another one
|
|
that says you don't need to. And you have to guess which one to use.
|
|
|
|
The biggest mistake I made appears to be that I took cash from my
|
|
checking account then purchased cashier's checks for an amount under
|
|
$10,000.00 to buy things. It seems there is a law which says it is il-
|
|
legal to try to avoid the $10,000.00 reporting amount. I even admitted to
|
|
the FBI and IRS that I was trying to avoid it so it would be hard for
|
|
Apple to find my money if they ever came after me, and no one ever told me
|
|
this was illegal.
|
|
|
|
Near the end of the year in which I started making money, I hired a
|
|
secretary to type into my computer all the receipts and information I had
|
|
accumulated in the past few years. After a few months I found she had
|
|
written a check to her self for $800.00 and had forged my name, so I asked
|
|
her to leave. I later looked at what she had been typing into the com-
|
|
puter and found it was mostly garbage. She was in pre-law at the Univer-
|
|
sity of Cincinnati and even though she took the job, she didn't like being
|
|
a lowly secretary. Since I had to start over and it would be too late to
|
|
file income tax for that year, I decided to put it off until the next
|
|
year. Around the middle of the next year I hired another secretary to
|
|
retype the information into the computer. She was running a little late
|
|
so I filed for an extension on my taxes. Before the extension was up I
|
|
was raided by the FBI and the IRS, who didn't know I'd filed an extension.
|
|
After they looked it up they told my attorney that the $1000.00 I had put
|
|
on the extension form, indicated that I was planning on paying only $1000-
|
|
.00 in taxes. This is ridiculous. I hadn't filed income tax for quite a
|
|
few years, and had no idea of what I was going to have to pay. You just
|
|
have to put something down anyway.
|
|
|
|
I had hundreds of thousands of dollars going through my checking ac-
|
|
count, and I'm going to try to claim I'm only going to owe $1000.00. As
|
|
the joke goes I may be stupid, but I'm not crazy, or am I. If I was ever
|
|
audited, which I sure would have been, after not having filed for so many
|
|
years, they would surely ask for my bank statements, which would show
|
|
this. And I don't really believe any rational person could believe this.
|
|
But again they didn't charge me with income evasion. And too many people,
|
|
whom the IRS talked too, also knew I was trying to bring my taxes up to
|
|
date. (E.g., My ex-wife, my secretary, my daughters, my father, etc.) Why
|
|
don't they just come out and say that everything you do with money, has to
|
|
be reported to the Federal Government, whether you pay taxes on it or not.
|
|
And let everyone know it. What happened to the constitution, and things
|
|
like right to privacy etc. They can now stop cars, and search them wit-
|
|
hout reason or suspicion. I guess the homes are next. And with what they
|
|
did with the CNN tapes, it looks like it's not far off. Of course in that
|
|
case they had to give the tapes back because they created too much of a
|
|
ruckus doing it, and CNN is pretty big and powerful also.
|
|
|
|
In reality I had more money than I knew what to do with. I was giving
|
|
it away by the handfuls. While I was in Tijuana, Mexico, across the
|
|
border from San Diego, I gave away over $10,000.00 to skinny poor people
|
|
on the street. At my bank I overheard the teller ask an old man if he was
|
|
sure he could live for the next week on the $7.25 he had left. And here I
|
|
was cashing a check for over $7,000.00. So on the way out I took a hand-
|
|
ful of $100.00 bills and stuffed them into his shirt pocket, and said
|
|
Merry Christmas, even though it was in the middle of the Summer. I didn't
|
|
know what else to say. I gave away so much I really can't remember where
|
|
it all went. I bought all my kids new bedroom sets, while I slept on a
|
|
stack of old mattresses, using an old busted dresser, I've since thrown
|
|
away. And the FBI knows all this to be true. Even with all the money I
|
|
was mostly depressed, and really didn't want much except a better computer
|
|
which I bought. If I tried to do some electronic design it seemed to
|
|
bring to mind my past failures, and I got really nervous and shaky for
|
|
some reason, and couldn't wait to quit. I tried learning to fly, and
|
|
bought an old plane because I was told that most small plane manufacturers
|
|
were going out of the business, which would make small planes more valua-
|
|
ble. But I soon got bored with flying and didn't even finish my license.
|
|
It was funny when my ex-wife told me that the FBI had asked her if I took
|
|
trips out of the country with my plane. I guess in their eyes, everyone
|
|
who breaks the law is into drugs. Even in my home they thought a bag of
|
|
plaster of Paris from one of my kid's hobby sets was some kind of drug.
|
|
In reality I was afraid to fly my plane without an instructor. After over
|
|
50 hours, I could take off and fly it but I don't land too well. I guess
|
|
I'll never be a pilot.
|
|
|
|
The guns I bought turned out to be a bad idea because of the stigma
|
|
surrounding any type of weapon. I didn't know anything about guns. But
|
|
when I saw on the news that they had put a ban on any more imports of
|
|
certain kinds of guns, and later my brother talked me into going to a Bill
|
|
Goodman gun and knife show, I realized that they were sure to go up in
|
|
value. And it turned out as I expected. The guns I bought are now worth
|
|
over three times what I paid for them. And they were all legally regi-
|
|
stered, with $200.00 sent to the US government for each, with all the fin-
|
|
gerprints, wavers signed by the local sheriff and 90 day investigation
|
|
done properly. But they didn't charge me with illegal guns. They just
|
|
took them because I bought them with illegally gained money. And every
|
|
report has mention of them. I also had a VCR, and a TV, but no one men-
|
|
tioned them. If they mention you have things as money, guns, or airplanes
|
|
it helps them make you look more like a gangster or something else bad.
|
|
In advertising it's called sensationalism. It's using anything that gets
|
|
a reaction from Joe public to achieve your goal.
|
|
|
|
Most of my days were spent on the phone helping people learn to use
|
|
Apple software, since that was the only thing I still seemed to enjoy. I
|
|
guess the feeling that you get when you help someone learn something is
|
|
the only enjoyment I could still get. I spent my days helping the people
|
|
Apple should have been helping, and they put me in jail. Boy, that's a
|
|
kick in the teeth. I've tried to get help from Apple myself. If the
|
|
phones not busy, and you get through to someone, they assume you are an
|
|
idiot, and rush you off the phone as fast as they can. In my case, I find
|
|
I know more than most of the people I talk too.
|
|
|
|
Today no one knows the rules, and everyone is afraid to say anything.
|
|
I asked an attorney recently if the way I was selling a computer scanner
|
|
could be against the law, and he told me that if I thought it might be
|
|
against the law he didn't want to know about it. I had a meeting with the
|
|
FBI, where I was questioned about consulting with many attorneys
|
|
concerning any trouble I could get into for violating Apples copyright.
|
|
When the question came up, my attorney quickly announced that he had told
|
|
me he didn't know the law concerning copyright violations, as if he was
|
|
defending himself. I talked with three attorneys to find out if they
|
|
could help me with this case, and was told the FBI and the IRS are so
|
|
powerful that unless I still have lots of money, or am squeaky clean I
|
|
couldn't win. One of the FBI or IRS agents told me they have a 97.8
|
|
percent conviction rate, which I guess means I'm to assume is because the
|
|
are proficient in getting the real facts and evidence. From all the inac-
|
|
curate information I've seen them using, I find this hard to accept.
|
|
When they came to search my home, they ran me off the road in a junk car
|
|
that looked as if it had a bunch of gangsters in it. Then yanked my 11
|
|
year old daughter out of the car hurting her arm. Not seriously, however.
|
|
They appeared to be excited because their plans of catching me at home
|
|
were foiled by me taking my daughter to her ice skating class. I guess
|
|
they have procedures, and were only doing their job the way they were
|
|
trained. I can't fault them with that. I'm sure they didn't know what to
|
|
expect. I own guns, so I guess I could have been a crazy. Actually I've
|
|
only shot one of them once, on a farm. They make too much noise, and you
|
|
can't hit what you are aiming at. The other ones I had reconditioned, so
|
|
they would be attractive to, collectors, and dealers. And I don't mean
|
|
drug dealers.
|
|
|
|
They served me with a search and seizure warrant filled with manufac-
|
|
tured evidence. By whom I'm not sure. Most paragraphs ended with a
|
|
statement that quote "The information provided has been proved to be
|
|
accurate and reliable by independent investigation." And since most, were
|
|
statements that I supposedly had made, how do you prove them reliable
|
|
unless someone else was standing there at the time, which they weren't.
|
|
Also for me to have supposedly walked up to a bank manager and say I want
|
|
to structure my transactions to avoid paying income tax would really be
|
|
insane. And, as I mentioned they denied it. There are also many things
|
|
which have been done, which are obviously illegal, but to mention them
|
|
would put individuals within the system in bad light, which is not what
|
|
I'm trying to do here.
|
|
|
|
I'm sorry if it appears that I'm trying to excuse my actions by at-
|
|
tacking the system which is charged to uphold the law. But they have
|
|
exaggerated, maybe even fabricated, and used whatever necessary to prosec-
|
|
ute me, for laws that most people don't know exist, and probably couldn't
|
|
understand if they read them, so I feel I have the right to bring it all
|
|
out. Obviously I can't blame anyone for what I did. No one twisted my
|
|
arm. It's just that they have a law for almost everything you do, and
|
|
everyone is afraid to stand up against the system. Even the people within
|
|
the system. They tried it in the 60s, and lost. And they keep passing
|
|
more laws. I'm waiting for them to attach at 25 year law to jaywalking.
|
|
The way the laws are worded I bet, if you made any money doing it, they
|
|
could find a way. And the law they used was obviously passed to be used
|
|
against drug dealers. Every other paragraph says something about drugs.
|
|
|
|
The only thing I know about drugs is what I see on television. I
|
|
tried marijuana once in the early 60s but I don't like the feeling of
|
|
losing control of my faculties. I won't even have more than one drink
|
|
when I eat out. And lately with the laws the way they are, I'm afraid to
|
|
have even the one. It really upsets me to think that, so many people, are
|
|
so dissatisfied with their life that they need to use substances to escape
|
|
from the realities. With all the pressures I've been under lately it
|
|
would be so tempting to want to escape. I realize it may help me escape,
|
|
but it makes life harder on those around me who are trying to deal the
|
|
best they can with life which is tough enough.
|
|
|
|
Now I'm being forced to help go after and prosecute other people who
|
|
don't even know they are breaking the law, and are also not really hurting
|
|
anyone. I'm being asked to help convict xxxxxx. Heck, I hear Apple
|
|
didn't even know they weren't real until they busted one open xxxxxxxx
|
|
and I never talked about it. I'm not saying this to help xxxxx. It's a
|
|
shame, but he doesn't realize that, if you get their attention, they're
|
|
going to get you. They decide if you broke the law or not. The FBI is
|
|
getting everyone these days. I saw the other day on the news, where they
|
|
walked into a hotel room and took tapes from CNN, without even a search
|
|
warrant. No wonder we get along with the USSR so well these days. There
|
|
doesn't appear to be much difference between the FBI and the KGB, except
|
|
that I don't believe the FBI beats people. Of course I'm not sure the KGB
|
|
does anymore either. But it's possible that I'm wrong on both counts.
|
|
This I find very distasteful, but if I don't help them I'll get more
|
|
charges, which affects my family.
|
|
|
|
We seem to be trying to clear up all the crime in the world, with a
|
|
big fervor. What will we have, if we ever accomplish it. For one thing
|
|
many unemployed attorneys, agents, and judges. We'll all drive the same
|
|
kind of car, because to think or be different from the next guy will be a
|
|
crime. As people begin obeying most of the heavy laws, we will start
|
|
charging people with looking funny, so the attorneys, and law enforcers
|
|
can hold on to their jobs. First we will build more jails to hold all the
|
|
violators, until half the population is in jail. Then as they start to
|
|
obey all rules we will make up things that people are doing wrong. Even-
|
|
tually we will be the robots that the futuristic movies talk about.
|
|
Sounds ridiculous doesn't it. The Germans were almost able to do it with
|
|
the Jews, but if history tells us anything, eventually the people are
|
|
going to be upset.
|
|
|
|
I made some mistakes, and I'm not really blaming anyone. I didn't know
|
|
copyright violation was so serious, and the rest are just laws created for
|
|
one thing then used for another, because they feel I was probably going to
|
|
cheat on my taxes. But that is the way the chips fell, and I'll take my
|
|
punishment, and try again for the forth time. I often wonder if I'm not
|
|
really crazy, to keep trying when the obstacles are stacked so high. They
|
|
say a new business has a one in 3000 chance of making it. And their
|
|
definition of making it is that they just continue to stay in business. I
|
|
bet the odds against making a profit are even higher. For me, now it will
|
|
be even harder. I have a credit record that looks as if a bomb dropped on
|
|
it, and now I'm a felon. Well, only about 20 years left and I'll be too
|
|
old to try. But again my grandfather was a millionaire, lost it all
|
|
betting on the ponies, as he called it, and at 98 he was still trying to
|
|
get back to where he was. I don't know if I can take another 40 years of
|
|
this.
|
|
|
|
|
|
E N D O F S T A T E M E N T
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|
|
The above was a statement prepared by D. Hayes to be read to the Judge at
|
|
the conclusion of Hayes' trial and sentencing.
|
|
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|
|
|
|
|
Part II of this article will appear next week, in it, the actual
|
|
charges levied against D. Hayes are detailed and explained.
|
|
|
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|
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_________________________________________________________
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> DENNY HAYES STR FOCUS? * EXCLUSIVE! * "..if I single someone out.."
|
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=====================
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|
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THE PRICE OF COPYRIGHT VIOLATION
|
|
================================
|
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|
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|
|
|
STReport has obtained directly from DENNIS HAYES his very own
|
|
statements concerning his arrest and ultimate conviction for copyright
|
|
violation.
|
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|
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|
|
by Dennis "Denny" Hayes
|
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|
|
|
Part II
|
|
=======
|
|
|
|
Well, as I stated, that's the statement I wrote, but was later advised
|
|
not to read, because the government doesn't like you to say bad things
|
|
about them. I was charged with copyright violation which carries a maxi-
|
|
mum of one year in jail. A charge of, what is called, structuring which
|
|
carries 5 years max was added, which says any money transactions you do,
|
|
can't look as if you intend to not pay taxes, whether you intend to or
|
|
not. And a final charge of money laundering which carries 20 years in
|
|
prison max, because I bought things with my money, even though most of it
|
|
came from my checking account, and into my checking account legally, and
|
|
was on bank records. For you intellectuals interested in the law, here
|
|
are the charges, and the laws supporting them:
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|
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|
* * * * * *
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THE CHARGES LEVIED
|
|
------------------
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|
|
COUNT 1 - Money Laundering of Monetary Instruments:
|
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|
|
That from on or about October 1988, up to and including July 17, 1990,
|
|
in the Southern District of Ohio, Dennis W Hayes, did knowingly, willfully
|
|
and with intent to engage in conduct constituting an attempt to or evade
|
|
or defeat payment of income tax (Ref 7201), conduct and cause to be con-
|
|
ducted, financial transactions affecting interstate commerce, knowing said
|
|
financial transactions were conducted with property, to wit: United States
|
|
currency, and checks that were the proceeds of specific unlawful activity,
|
|
that being the infringement of a copyright. This is a violation of USC
|
|
1956(a)(1)(A). Ref: 7201 Attempt to evade or defeat tax (I wasn't charg-
|
|
ed with this).
|
|
|
|
Any person who willfully attempts in any manner to evade or defeat any
|
|
tax imposed by this title or the payment thereof shall, in addition to
|
|
other penalties provided by law, be guilty of a felony and, upon convic-
|
|
tion thereof, shall be fined not more than $100,000.00, or imprisoned not
|
|
more than 5 years, or both, together with court costs of prosecution.
|
|
Ref: 18 USC 1956(a)(1)(A) Laundering of monetary instruments.
|
|
|
|
Whoever, knowing that the property involved in a financial transaction
|
|
represents the proceeds of some form of unlawful activity, conducts or
|
|
attempts to conduct such a financial transaction which in fact involves
|
|
the proceeds of specified activity with the intent to promote the carrying
|
|
on of specified unlawful activity, or with intent to engage in conduct
|
|
constituting an attempt to evade or defeat payment of income tax, shall be
|
|
sentenced to a fine of not more than $500,000.00 or twice the value of the
|
|
property involved in the transaction, whichever is greater, or imprisoned
|
|
for not more than twenty years, or both.
|
|
|
|
|
|
Comment:
|
|
This is one of the laws pushed through under the excuse that we need
|
|
to stop the drug dealing gangsters. It's even under the controlled
|
|
substance act. But we see where they use it.
|
|
|
|
In other words if you make illegal money, it's one violation, and if
|
|
you do anything with the money you make, it's a greater violation.
|
|
|
|
It's interesting that an attempt to evade or defeat the tax carries
|
|
only 5 years, but looking as if you might not pay your taxes carries
|
|
20 years. Actually I've found that actually not paying it (IRS Code
|
|
7202) also only carries a 5 year sentence.
|
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|
* * * * * *
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COUNT 2 - Copyright Infringement:
|
|
|
|
From on or about October 1988, up to and including July 17, 1990, in
|
|
the southern district of Ohio, the defendant, Dennis W. Hayes, did will-
|
|
fully and for the purpose of commercial advantage and private financial
|
|
gain infringe the copyright of Apple Computer Inc. of Cupertino, Califor-
|
|
nia #TX1640052 protecting the computer program stored on a 128K ROM com-
|
|
puter chip, in that the defendant, Dennis W. Hayes, did cause the pro-
|
|
tected computer program to be copied onto blank computer chips, without
|
|
authorization of the copyright holder, in violation of Title 17 USC 506(a)
|
|
and Title 18 USC 2319(b)(3) Ref: Title 17 USC 506(a) Copyright infrin-
|
|
gement.
|
|
|
|
Any person who infringes a copyright willfully and for purpose of
|
|
commercial advantage or private financial gain shall be fined not more
|
|
than $10,000.00 or imprisoned for not more than one year, or both.
|
|
|
|
Comment:
|
|
This one I'm obviously both morally, and legally guilty of, even
|
|
though I was told I could only be sued by Apple.
|
|
|
|
* * * * * *
|
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|
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|
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COUNT 3 - Structuring Transactions to Evade Reporting Requirements:
|
|
|
|
On and between June 8 and June 29, 1990, in the Southern District of
|
|
Ohio, the defendant, Dennis W Hayes, for the purpose of evading the repor-
|
|
ting requirements of USC 5313(a) requiring domestic financial institutions
|
|
to report currency transactions of $10,000.00 or more to the United States
|
|
Department of Treasury, did knowingly, willfully and intentionally struc-
|
|
ture and assist in structuring a transaction with one or more domestic
|
|
financial institutions in that the defendant, Dennis W. Hayes, purchased
|
|
and caused to be purchased with United States Currency, four cashier's
|
|
checks in the amount of $9,000.00 each, payable to the Union Bank of
|
|
Switzerland, in violation of 31 USC 5324, and 5322(a). Ref: 31 USC 5324
|
|
Structuring transactions to evade reporting requirement.
|
|
|
|
No person shall for the purpose of evading the reporting requirements
|
|
of section 5313(a) with respect to such transaction structure or assist in
|
|
structuring, or attempt to structure or assist in structuring, any tran-
|
|
saction with one or more domestic financial institutions.
|
|
|
|
Ref: 31 USC 5322(a) Criminal penalties;
|
|
A person willfully violating this subchapter or a regulation prescribed
|
|
under this subchapter shall be fined not more than $250,000.00, imprisoned
|
|
for not more than one year, or both.
|
|
|
|
Comment:
|
|
To make a law that you have to tell the government about all your
|
|
financial transactions whether you pay your taxes or not, sure seems
|
|
like a violation of the Constitutional right to privacy. But from a
|
|
moral point of view it's not a bad law, as long as the information is
|
|
used fairly and evenly, but if past history is any indication, and as
|
|
in this case, it will be used as a means to increase the sentence for
|
|
a crime above what the creators of the primary violated law intended
|
|
when they laid down the sentence for the violation, and any other
|
|
purpose which suits the governments needs.
|
|
|
|
* * * * * *
|
|
|
|
|
|
The following is the statement of damages from the Pre-Sentence Investiga-
|
|
tion report:
|
|
|
|
The primary victim in this case is the Apple Computer Company. How-
|
|
ever, the impact on Apple is unknown and may never be quantified. Accor-
|
|
ding to a representative from Apple's legal department, the defendant's
|
|
behavior is not widespread. Nevertheless, Mr. Mark Aaker, attorney for
|
|
Apple, suggested for each counterfeit part that Hayes sold, potentially
|
|
represents one MacIntosh computer not sold by Apple. The attorney was
|
|
quick to point out, However, that he was unable to produce the percentage
|
|
of those individuals who would have spent over $2000.00 for a MacIntosh
|
|
computer had they not had the opportunity to buy the defendant's relative-
|
|
ly cheap set of computer chips that would "convert the purchaser's inex-
|
|
pensive computer" into one as powerful as the MacIntosh.
|
|
|
|
A second victim impact expressed by the attorney for Apple concerned
|
|
the fact that Hayes has virtually flooded the market with his fake com-
|
|
puter chips. As a result, this may cause Apple a severe service problem
|
|
in the future when individuals, thinking they have actual Apple computer
|
|
chips, begin to send the faulty ones in to Apple for warranty work. Mr.
|
|
Aaker indicated that at present such losses cannot be estimated.
|
|
|
|
Finally, Mr. Aaker related that the primary harm caused by Hayes was
|
|
that he provided an opportunity for others to do the same thing, and
|
|
therefore, advanced "the bad intent of others and facilitated additional
|
|
fraud." The US Government was a secondary victim because of lost tax
|
|
revenue due to the income generated by Hayes. The government, however,
|
|
has not charged Hayes with any tax violations.
|
|
|
|
Comment:
|
|
They admit they don't know if there were any damages to Apple except
|
|
that if I get away with what I did someone else might do the same, or
|
|
that Apple might worry about repairing a part that only cost them one
|
|
dollar. And I really don't understand how the government was damaged,
|
|
since they didn't wait to see if I was going to pay my taxes or not,
|
|
and they took over $300,000.00 from me, which left me broke. I'd say
|
|
they were the winners.
|
|
|
|
|
|
* * * * * *
|
|
|
|
|
|
Hayes Summation
|
|
===============
|
|
|
|
In the past few months, I've seen so many laws like these, which the
|
|
average person doesn't know about, that when I now hear a person say, I'm
|
|
doing nothing wrong, they can't get me for anything, I start to feel sick.
|
|
|
|
To summarize, the lawmakers of this country are passing laws, under
|
|
false pretenses, in an attempt to drastically increase the penalties.
|
|
Thereby circumventing the penalties written into the original laws, for
|
|
violations of these original laws.
|
|
|
|
Then in an attempt to make the application of these laws fair, they are
|
|
then structuring the application, to suppress the normal human moral
|
|
opinions of both the law enforcers, and defendants, while at the same
|
|
time, using these same opinions to pass and enforce these very same laws.
|
|
|
|
Your guilt and sentence is now decided by the prosecution, who decides
|
|
what you are charged with, with a little adjustment for your past history,
|
|
and how much you are willing to help them nail (accuse & convict) others.
|
|
And with a big adjustment for your wealth and popularity. And the democr-
|
|
atic controls of appeal are by-passed, by their unaccountability. The
|
|
only hope you have is to get your attorney to attempt to negotiate the
|
|
sentence down from the 1000 year sentence you start with. And you are
|
|
supposed to feel satisfied with a big reduction to 26 years max on a
|
|
charge that should have had a max of 1 to 5 years to start with.
|
|
|
|
The investigators are just doing their job, and the judge then has to
|
|
follow guidelines he may not even agree with. Give it a few more years,
|
|
and we can replace the judge with a computer. You will never be able to
|
|
replace the system with a computer however. If you did, it would charge
|
|
everyone with every law they violated, and over 75% of the population
|
|
would be sentenced to over 1000 years in jail, and the average life span
|
|
isn't up to that point yet.
|
|
|
|
They look around, and say, but we are making life better for everyone.
|
|
No, they are making life better for the people who can hire a team of
|
|
attorneys to guide them through the obstacles, and at the same time dest-
|
|
roying the incentive for anyone below them to be creative, take risks, and
|
|
thereby improve society. If they are really doing what they say, then why
|
|
are recent reports saying the gap between the rich and the poor has tri-
|
|
pled in the past two years. And, they can't seem to understand why people
|
|
take drugs to escape, or why the teenage suicide rate is up. They can't
|
|
understand why there is so much apathy in college today, yet they can see
|
|
what it has done to Russia.
|
|
|
|
The students themselves in a two hour special on TV said why try, they
|
|
tried to improve things in the 60's and they wasted their time. And any
|
|
gains they may have made have since been taken away. Look, I know the
|
|
drive for one person to impose his wills on another, has always been here,
|
|
and I doubt that it will ever change. We don't understand, therefore
|
|
like, anyone who is different than us, which causes us to want to knock
|
|
them down. Why can't we let people alone unless they are hurting someone.
|
|
And if they are really hurting someone, make them show it, or at least
|
|
file a complaint. Not just prosecute someone for breaking laws because it
|
|
sounds like something to do, or that someone is making more money than
|
|
another.
|
|
|
|
If the law is intended to protect the people, why do the charges, and
|
|
the sentences depend so heavily on how much profit the individual makes,
|
|
as if the real crime is making more money than the next guy, rather than
|
|
on the damages caused. Or is the system too inept to find the damages
|
|
caused. Under this system, I understand I received an additional year
|
|
because I made over $300,000.00. If it is your idea, of an attempt to
|
|
make things fair, boy are you missing the boat.
|
|
|
|
They get away with it because, no one really cares enough, or is too
|
|
scared to say anything until it affects them directy. Well, give it time,
|
|
and it will. And you can take that to the bank.
|
|
|
|
To make matters worse, my charge didn't even fit into the system. When
|
|
I was officially arrested, they tried to enter me into the crime computer,
|
|
and there wasn't even a category for me. So they put me under miscellan-
|
|
eous something. The people charging, and defending me don't even unders-
|
|
tand the computer world. Other than the word processors their secretaries
|
|
use, they do everything with paper, pencils, and voice recorders. They
|
|
couldn't make a rational judgement on anything having to do with comput-
|
|
ers, if their life depended on it.
|
|
|
|
In my case, they had to hire outside help to try to explain to them
|
|
what I was doing. And I know for sure they still don't really understand.
|
|
They use terms like rails for the plastic tubes which computer chips come
|
|
in. They talk about the cost of repairing a computer chip as if it were a
|
|
machine you could take apart, and fix. They took all the logic chips I
|
|
used in designing products, while I was in the design business, since they
|
|
didn't understand the difference, and because they looked like the other
|
|
ones I had. I even had a box of Atari floppy drives, and it seems their
|
|
expert didn't know what they were, because they had to ask me what they
|
|
were. This I really can't believe, however. It sounds more like a com-
|
|
munication problem to me. And my attorney told me they didn't have a
|
|
precedent on my crime to base anything on. By the sentence, it appears I
|
|
fit in with murderers, and drug dealers, somewhere.
|
|
|
|
Let's see, I violated a copyright, and I did things that made it look
|
|
as if I might be able to try to cheat on my income tax which everyone
|
|
knows was an attempt to hide my finances from Apple. And I actually
|
|
didn't file for a few years prior, although I made no money.
|
|
|
|
The maximum sentence for copyright violation is one year. The maximum
|
|
sentence for actually lying, not paying, and cheating on your taxes is
|
|
five years. And somehow I ended up with a twenty-six years charge, while
|
|
Pete Rose, who actually cheated, and admitted it got 5 months. Hmmm..
|
|
Must be some new kind of math. But I guess I'm not quite as bad as Al
|
|
Capone, however. He received 11 years.
|
|
|
|
Now I've been sentenced to five years in prison, after which I have to
|
|
spend two years on probation, and I must see a psychiatrist for ten months
|
|
of the two years. What this is for I'm not sure. I'm guessing it's
|
|
because I thought about killing myself a few years ago. But if that is
|
|
what they are worrying about, why do they want to wait five years to see
|
|
if I'm this nuts. It makes me wonder who is really nuts. Well I hate to
|
|
bust their bubble, but I've been knocked down, kicked, stomped on, and
|
|
rolled over so much, I don't believe anything they could do would ever
|
|
again make me want to do that. I have my moments when I really get upset,
|
|
and now I've got ulcers, but the more they stomp, the more determined I
|
|
get to fight back.
|
|
|
|
I was told, by my attorney, that I received an additional two to four
|
|
of the years for deciding not to help them ruin other people's lives who
|
|
were helping many and hurting no one. In fact I called xxxx secretary,
|
|
and told her to tell xxxxxxx to watch what was said because the FBI was
|
|
probably investigating..., they told me they could bring additional char-
|
|
ges against me for obstruction of justice. I wonder what Daniel Webster
|
|
would say about this use of the word justice. xxxxxx, being the xxxxx he
|
|
is, called the FBI, and told them I had called, to make himself look good.
|
|
The only thing I have left is my own self respect. They have taken every-
|
|
thing I own, my money, my house, my car, and now the best part of my life
|
|
(my daughters). They will grow through the most important part of their
|
|
life without me. I may have made some mistakes, but I hurt no one, and
|
|
helped thousands, and for that they want to destroy me, and my family.
|
|
But I am not going to help them, in any way, do the same to anyone else
|
|
who is not hurting anyone, even people like xxxxxx. If you think this is
|
|
really a free country, you need mental help. You are free, as long as you
|
|
are a puppet, and don't upset any of the big boys.
|
|
|
|
Folks we may as well bend over when the big corporations tell us too,
|
|
then spread when they tell us too. If you try to fight the system, you
|
|
lose. I wonder if I had a copyright, and Apple violated it, if Apple
|
|
would go to jail. But, I did have an emotional collapse a few years ago,
|
|
and set myself up for it. Though the fact that they could have done what
|
|
they did anyway, scares the hell out of me.
|
|
|
|
I have three wonderful daughters. Summer (13) who through my encou-
|
|
ragement, has pursued her dream of becoming a gymnast, since she was 6,
|
|
and is now a level seven on a 1 to 10 scale where a level 10 is preparing
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for the Olympics. She will now have to quit, because my ex-wife will not
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be able to afford it on her income without me. She also runs straight A's
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in school even though she has only an average IQ, because I spend the time
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to help her. My ex-wife isn't too sharp in math, science, etc, so I'm
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sure these grades will drop. She is also the most emotional, and I really
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don't know what missing me will do to her.
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The next oldest is Shanna (11). She also gets mostly A's in school,
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but where Summer has to work hard in gymnastics, Shanna is a natural
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athlete, and has been taking skating since she was 2. I watched her do a
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Christmas ice skating show for the public downtown on Fountain Square
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yesterday, and she was so good I had a hard time holding back the tears,
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knowing she will now probably have to quit.
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Now there's Maegan (8). She's the artist. She doesn't seem to like
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Athletics much, but give her a piano or keyboard, and she'll really surpr-
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ise you. Fortunately, I don't think she will need to stop. Piano lessons
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aren't that expensive.
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I have to grit my teeth to say it, but, "Merry Christmas, Merry Christ-
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mas, Merry Christmas, Merry Christmas, and Merry Christmas." That is one
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for each year I must spend in prison. And don't let anyone fool you by
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thinking I'll only get a year or two. There is no parole in federal
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prison anymore. You get a few months off for good behavior, but that's
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it. And I'm told, if I agree to help them destroy the lives of others, I
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might get a little more time off. I have to report to the prison on
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1/8/91 for five years. But, I'm told, the least I could get is 2 1/2
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years, and just to save my butt a little I'm not going to do this to
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other people's kids. I'm sorry if this makes me appear unpatriotic, but I
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don't feel too patriotic at the moment.
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Merry Christmas again, and see ya in a few years. I wonder what com-
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puter systems will be like in five years. The way I feel now, I'm not
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sure I ever want to see one again.
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Dennis W Hayes
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7048-47 Waterview Way
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Cincinnati, OH 45241
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Phone 513-779-7998
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______________________________________________________
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