[PGCanada] Planning the Battle:

Michael Lockey mlockey at honson.com
Sat Dec 4 13:24:40 PST 2004

Darryl Moore wrote:

> Your strategy of using a for profit corporation is interesting, 
> however unless you can show significant lost income you will have a 
> difficult uphill battle. Additionally there is no Charter right to a 
> profit. There is however a NAFTA one. You might consider making your 
> company an American entity. Then you would be able to sue for 
> expropriation under the terms of NAFTA in a way that you could not as 
> a Canadian company. But again, you'd have to show some significant 
> lost profits.

Thank you foir an interesting and appealing strategy.

With all respects to PG, I think their value added concepts (millions 
and millions of downloaders, infinite distribution time) are nebulous 
and non-enforceable.  I'd rather go with their actual download list: at 
$1/download, 'Hand Writing on the Wall', has already generated $70K 
'profit' since September.  (Incidently, could I get a one-time complete 
list of downloads- not just the top 100?)  Contrary to the idealistic 
approach of PG, these figures are by definition quantifiable.

I think the idea of a pipe back to the States could well precipitate a 
NAFTA issue: we would already be in a position to argue that blocking 
GWTW is already NAFTA-restrainable!  (Incidently, while I intend to 
stress adherence to national copyright regulation, the first two books I 
want to list are GWTW, and Thoreau's 'Civil Disobedience'.)

The one possible objection to this strategy would be that PG and DP-INT 
might consider it trespass on their grounds.  I want to make it quite 
clear- to /anyone/ who may be monitoring these threads- that my efforts 
are purely commercial, even though I may chose to give away all my 
profit. This means that I must not trespass on the pre-existing rights 
of other organizations, groups to which Distributed Proofreaders of 
Canada has no formal links, rights, or obligations.  This is one reason 
why DPC solicits advice and assistance from other parties that may wish 
to stake a claim to any properties under PD.  We'll be content with our 

Once we have reached concensus on DPC's status within the overall 
context of handling PD, voting shares will be issued, and a proper Board 
of Directors voted in.  Our commercial success can only be achieved 
through active cooperation with others, though: so please do give 
advice- even negative advice will be appreciated and considered.


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