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February 23, 2004 4:00 AM PST

Perspective: The truth about offshoring

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The truth about offshoring
Economic reality frequently makes for poor politics.

That's what N. Gregory Mankiw, chairman of President Bush's Council of Economic Advisers, recently found out when he inadvisably spoke the truth: Free trade is good for America.

Outsourcing gains "that take place over the Internet or telephone lines are no different than the gains from trade in physical goods transported by ship or plane," Mankiw, who is on leave from his job at Harvard University, told Congress. "When a good or service is produced at lower cost in another country, it makes sense to import it rather than to produce it domestically."

Mankiw was restating for the 21st century the economic law of comparative advantage, which essentially says that nations should play to their strengths. No serious economist would disagree. But Mankiw soon learned a lesson: Better to cloak what you say in fuddy-duddy academic argot than to be clear and controversial.

Soon a typical Washington tempest began swirling. Democrats seized on Mankiw's remarks as a way to paint Bush's advisers as out of touch, especially when jobs in America's information technology industry are seen as vulnerable to offshore outsourcing in China and India.

Remarks likening CEOs to traitors may play well in the primaries, but how close are they to the realities of technology companies that must compete globally?
Last week, presidential candidate John Kerry railed against "Benedict Arnold CEOs" who are "shipping American jobs overseas." Fellow contender John Edwards is even more hostile to free trade.

Remarks likening CEOs to traitors may play well in the primaries, but how close are they to the realities of technology companies that must compete globally?

Consider what would happen if Congress restricted companies from shifting jobs overseas. Because rivals in Europe, Japan and Korea could employ cheaper workers in developing nations, they'd have a leg up on U.S. firms. Foreign investors would recognize that rising protectionism makes U.S. companies less competitive and would choose to take their yen and euros elsewhere, driving down the U.S. stock market, shrinking available capital, and eventually leading to more unemployment than if Congress had done nothing.

It is true that America has lost jobs in the last three years, and the technology sector has been harder-hit than many others. But the job loss has not been as huge as some politicians and news reports would have you believe. America's unemployment rate currently is around 5.7 percent, not especially high by historical standards, and among the lowest in the world. It's certainly the envy of France (9.3 percent), Germany (9 percent), and Canada (6.8 percent).

Just as candlemakers and farriers lost their jobs a century ago, free trade results in temporary disruptions. But in the long run, free trade is vital to a society's overall health. In the 1990s, developing countries hostile to foreign trade experienced average growth rates of negative 1.1 percent per year, while developing countries that embraced freer trade enjoyed growth of positive 5 percent annually.

And let's not forget that U.S. workers in the information technology industry often benefit from outsourcing. The German company Siemens, which makes electronic and electrical products, employs 65,000 people in this country. Sony Electronics employs 2,000 people in just New Jersey, while Belgium's Agfa-Gevaert Group, one of the world's leading imaging companies, writes paychecks to over 5,000 people in the United States. Spain's Terra Lycos employs 418 people in the United States to run Web sites such as Lycos.com, Hotbot.com, Gamesville.com, Tripod.com, RagingBull.com and Wired.com. And those are only a few examples.

Mankiw put it not so gracefully albeit succinctly: "It is natural to ask what new jobs will be created in the future. Policy makers should create an environment in which businesses will expand and jobs will be created. But they should not try to determine precisely which jobs are created or which industries will grow. If government bureaucrats were capable of such foresight, the Soviet Union would have succeeded as a centrally planned economy."

The next act in this political drama will take place Wednesday, when Federal Reserve Chairman Alan Greenspan is set to testify before the House Budget Committee. Look to him to recite unemployment figures and discuss offshore outsourcing, but not to be snared in embarrassing missteps. Unlike Mankiw, Greenspan has been around town long enough to appreciate the difference between political reality and the truth.

Biography
Declan McCullagh is CNET News.com's chief political correspondent. He spent more than a decade in Washington, D.C., chronicling the busy intersection between technology and politics. Previously, he was the Washington bureau chief for Wired News, and a reporter for Time.com, Time magazine and HotWired. McCullagh has taught journalism at American University and been an adjunct professor at Case Western University.

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Lycos ' RagingBull aids offshoring of stolen money
by November 5, 2005 5:06 PM PST
While Declan McCallagh's overly general thesis that 'offshoreing' is good for you is in itself debatable the use of RagingBull is a very poor example to say the least.For one,RagingBull was a U.S. Carnegie Mellon 'invention'I believe.And secondly it has been,and continues to be,the source of a huge cyber fraud and cyber bullying operation for years and makes John Reed Stark and his Internet Enforcement (OIE)branch of the Securities Exchange Commission a laughing stock to the extent many defrauded investors who had their 'investments' stolen in illegal pump and dump and probable money laundering activities and even if much was this money transacted in accounts such as those of Charles Schwab and other onshore brokerage accounts their money was quickly moved offshore,decreasing Americans' wealth while not contributing to anything other than an a mafia with international tentacles.<br /><br /><br />?If I were operating some sort of mafia in the United States, I would be only too delighted to have the leading voices of the news media insist to the public that many of my crimes could never have happened. It might even be worth hiring some goofballs to spread preposterous theories about nonexistent conspiracies in order to discredit persons who might stumble upon evidence of the real thing.? ? James Dale Davidson, Strategic Investment Newsletter, 7/25/95, commenting on the Susan Schmidt article in the Washington Post of 7/4/95.<br /><br /><br /><br />(Do a google search,'schwab lom', and also do google search,'ryals news.com ragingbull cyber bullying '.) <br /><br />John Reed Stark's Internet Enforcement (OIE)branch of the Securities Exchange Commission<br />has done little other than harrass some college kid whose profits from illegal touting or promoting of a penny stock over the internet netted pocket change in comparison with such infamous international characters as James Dale Davidson,founder of the National Taxpayers Union and his or Bill Bonner's Agora,Inc.,located out of Baltimore,conveniently near the Beltway and Davidson's National Taxpayers Union office in Alexandria,Virginia.This is not to say that the college student should not be made to see the seriousness of stock fraud but it is criminal when grown men in the Beltway with criminal minds are robbing investors blind and the SEC pretends it doesn't see. <br /><br />Both Agora Inc and the NTU or National Taxpayers Union are so close the the SEC's Washington, D.C. office and politicians they could probably be in the same social circles and probably are.In fact Grover Norquist and Steve Forbes are NTU connected.Jim Davidson is the founder of Agora Inc. that Bill Bonner of dailyreckoning also claims to be founder of but both appear to have a connection to John Berthoud who heads Davidson's NTU while Bonner presides over Agora Inc.'s penny stock promotion operation both from Baltimore and from France.<br /><br />And it appears that Agora Inc. employees were the organizers of a conference with ex-DIA George Tenet in New Orleans in 2004 and promoted Ionatron,one of the stocks certain CIA employees invested in through their In-Q-Tel employment fund and that was sold off after some pr lifted the share price.<br /><br /><a class="jive-link-external" href="http://www.oxfordclub.com/bin/o/t/dr.html" target="_newWindow">http://www.oxfordclub.com/bin/o/t/dr.html</a> <br /><br /><br />James Dale Davidson connected David Patch and his investigatethesec.com has used RagingBull or www.ragingbull.com for years to promote penny stock schemes and coincidentally created his investigatethesec.com website in 2003 after the<br />NAANSS or National Association Against Naked Short Selling' website closed due to unfavorable attention it was drawing.Also because James Dale Davidson had finally drawn a little scutiny from the SEC for his outrageous lying penny stock promotions through Agora Inc.'Vantage Point'.<br /><br />The fact that James Dale Davidson made his famous quote,'The SEC lies',about that time and that Patch's investigatethesec appreared about as soon as 'NAANSS' went offline is probably more than coincidence. <br /><br />I have already covered my reasons for believing Davidson is probably connected to the ncans.net that appeared online,after a strange $100,000+ paid ad in the Washington Post in February claiming W Bush should not place SS funds in stocks until 'naked shorting',a mostly fraudulent claim made by penny stocks the likes of which Davidson and Dave Patch and Agora Inc. promote.This was paid for in great part by Patrick Byrne of Overstock.com and is also where Agora Inc.'s agoracom does occasional promotional ads.I will just put some appropriate links below.Or do google search for 'naanss ncans'.Google,'james dale davidson o'brien'. <br /><br />What I am getting at regarding ragingbull.com is that virtually every penny stock scam in recent years that has promoted illegal pump and dump activities,(most while the SEC has looked the other way),as well as the few they have persued have had or still does have a message board on RagingBull.And many fraudulent websites still making fraudulent claims that their stocks are being 'naked shorted' or simply pumping and dumping worthless shares in worthless shell companies use ragingbull or yahoo for fraud.<br /><br />But what appears even worse is John Reed Stark and the Internet Enforcement (OIE)branch of the Securities Exchange Commission pretending they never notice a thing.Many worthless penny stock frauds that steal from Americans and remove their stolen money offshore have ragingbull.com to thank for aiding and abetting their fraud.And many insiders to these scams post deceitful messages on ragingbull.com to lure 'marks' or victims to either buy their worthless shares or be directed to a particular scam's own website or pr release as does David Patch of investigatethsec.com who incessantly posts his lies about 'naked shorting' and promotes various penny stocks there that make such claims.And so do many aliases that appear to work with him.<br /><br />And while Agora Inc.has its own dailyreckoning website and message board and agoracom also has message boards for its mainly questionable penny stock client companies where they can moniter and censor critics or remove their posts,I believe Agora connected individuals have used ragingbull as well to tout their fraudulent penny stock scams.In fact I do see David Patch connected with Agora Inc. by way of his past connections to GENEMAX that Davidson was CEO of at the time of its pump and dump when many messages were being posted on ragingbull's GMXX message board in 2002.And when NAANSS was closed down it was located in the same Blaine, Washington office that GMXX had been located out of.<br /><br />Examples of two well known penny stock critics on ragingbull who were censored by ragingbull or ragingbull staff are athena_sword and wolfblitzzer0.Do a google search of either and add 'ragingbull' to your google search and see what you come up with.Below is from my latest alias 'endoscam' that contines or continued to expose the ongoing fraud on ragingbull's Endovasc message boards,EVSC and EVSD.<br /><br />Warning,I lost 100% of my investment in EVSC through phoney 'reverse split',fraudulent claims of 'Phase III' FDA development when not even a 'Phase II' was ever planned,only an ilegal pump and dump from a Charles Schwab account,my own broker who then let the company and private clients send their money offshore as best as I can figure.It may have included money laundering but it was illegal pump and dump and James Dale Davidson promoted it with lies through his Agora Inc.'s Vantage Point mail fraud and cyber fraud op.And the ragingbull message board also played a key role in luring suckers in.Coincidence ? <br /><br /><br />Also,it must be remembered that this same type of mass mailing and internet disinformation is what Davidson used to spread the lie the Bill Clinton killed Vince Foster.Davidson's own Beltway black psyops that makes him a darling of the Beltway's far right was and also is still applied to defraud Anmericans through Agora INC.AND ITS VARIOUS OFFICIAL AND UNOFFICIAL TENTACLES AS WELL AS RAGINGBULL.COM <br /><br />I discovered by putting my name and email on the internet about Bellador Group of Kuala Lumpur, www.belladorgroup.com, who Dwight CANTRELL,who replaced 'Dr.David P Summers as head of the penny stock pump and dump fraud known as Endovasc,and Robert Johnson even made a post 911 deal with in Kuala Lumpur,ALL WITHOUT A SINGLE NOTICE TO INVESTORS NOR A SINGLE MENTION ANYWHERE IN PRS OR IN SEC FILINGS !! THE SEC THEN IS IN MANY WAYS COMPLICIT IN ILLEGAL STOCK <br />ACTIVITIES IN KUALA LUMPUR OR DUBAI,ETC.,POST 911 ? EVEN MONEY LAUNDERING MAY BE INVOLVED. WHY ?!<br /><br />Below is a direct link to the EVSC RAGINGBULL PENNY STOCK FRAUD BOARD FOR THOSE WHO ARE CURIOUS.YOU CAN SEE ALSO POSTS FROM INSIDERS TO THE FRAUD AND MY EMAIL TO RAGINGBULL ABOUT THEIR BLOCKING OF MY WARNING POSTS AND ALLOWING ONGOING FRAUD ON RAGING BULL AS WELL.<br />Tony Ryals<br /><br /><br /><a class="jive-link-external" href="http://ragingbull.lycos.com/mboard/boards.cgi?board=EVSC&#38;read=17699" target="_newWindow">http://ragingbull.lycos.com/mboard/boards.cgi?board=EVSC&#38;read=17699</a><br />.................................................. <br /><br /><br />To: "tosreplies@ragingbull.com" &lt;tosreplies@ragingbull.com&gt; <br />CC: help@sec.gov <br />Subject: Re: RagingBull Warning (KMM25942775V7143L0KM) <br />Date: Fri, 04 Nov 2005 19:51:34 -0500 <br /><br />--------------------------------------------------------------------------------<br /> <br />Show Full Headers <br /> As AttachmentInline Text Previous | Next <br /> <br /><br />Dear Ragingbull Fraud Abuse Investigator.Here is yet another post from'gil836' who acts as if he owns the RB EVSC and EVSD boards.How many inside tout aliases against me,one defrauded investor ? And yet you think I should be prohibited from posting and only someone who admits having the most evsd shares to dump besides Dwight Cantrell should be allowed to stay on the two boards they use for insider tout fraud and I who was defrauded have to sit helplesslt as they lie to tout on your website to defraud others !?<br />Is this really what you are allowing ? How do you justify that ? Are you sure that meangene53's ownership of evsd shares does not mean he should disclose his involvement,who he is and where and how he got them ? Do you really in light of what you know want to rig your website so they can all tout to lure more victims to rb's evsc and evsd boards ?<br />Also could you please look into why my posts are blocked ? You have sent no notice and Google waned me of a virus so I am notifying you and aso requesting that either I be allowed to use anothwer alias restore my original or close down the EVSC and EVSD Boards altogether.Does aiding their fraud really benefit ragingbull ?<br /><br />endoscam<br /><br />................................................<br /><br />By: gil1836<br /> 04 Nov 2005, 05:43 PM EST<br /> Msg. 17693 of 17693<br /> (This msg. is a reply to 17692 by meangene53.)<br /> Jump to msg. #<br /> When I saw his post, I immediately reported it to RB ....<br /> hopefully, if we keep doing that, they will take him<br />off... eom<br /><br />(Voluntary Disclosure: Position- Long; ST Rating- Hold; LT Rating- Hold)<br /><br /><br />By: meangene53<br />31 Oct 2005, 08:01 PM EST Msg. 17621 of 17692<br />(Msg. is a reply to 17620 by slowbone.)<br />Good job Slowbone.I believe the increase is the same as last<br />year.Around 400,000,000 million shares.I see that Dwight Cantrell is<br />the only member of the board with more NDC series stock than<br />me.Anybody interested in going to the shareholders meeting?They are<br />very boring unless you plan to connect with somebody.Although MSFT<br />can get a little wild.Thanks again Slowbone.MG<br /><br /><br />By: meangene53<br />31 Oct 2005, 04:42 PM EST<br /> Msg. 17605 of 17692<br />(This msg. is a reply to 17593 by kingoraschmuck.)<br />Jump to msg. #<br />Hey King,where did you see the info about registering 500 million<br />shares?If they send out a proxy vote for the share approval I'll vote<br />to pass it.The reason why is Endovasc needs to assign so many shares<br />to each of their cos.Example,50 million to Liprostin Inc. and 40<br />million to Prostent Inc.Also,they will give each of the shareholders<br />shares in a forward split.They need to pass this if they are going to<br />partner up or sell the company for a lump sum and keep a percentage<br />of sales profits.One more reason to assign the shares is for a<br />possible IPO.This is good business.Why else would they need 500<br />million shares.The only thing I don't want to see is Endovasc<br />registering more shares for EVSD and diluting the profit margin for<br />us long time holders.That would be a blow where I would probably bail<br />on principle.I have been buying EVSD all along.I will still buy under<br />a dime.I don't need anymore but as you can see Endothil is a hit with<br />great sales and $2 million coming by 4-31-06.MG<br /><br />By: meangene53<br />03 Nov 2005, 07:03 PM EST Msg. 17679 of 17692<br />(Msg. is a reply to 17678 by kingoraschmuck.)<br />Where's endobutt?Did some TOS reports get him tossed?Man that gut was<br />nervous noise.MG<br /><br />By: different_drummer0<br />04 Nov 2005, 09:59 AM EST Msg. 17686 of 17692<br />(Msg. is a reply to by None.)<br />OT: StockGate: Ironic Victim<br /><br />An Irony That Had To Happen: Refco Now Victimized By Naked Short Sellers<br /><br />November 4, 2005 (FinancialWire) It had to happen some day.<br />Buyins.net is reporting the current busted king of short sellers,<br />Refco (NYSE: RFX; OTC: RFXCQ), has itself gone on the Regulation SHO<br />list, signifying excessive fails-to-deliver, or the proliferation of<br />counterfeit shares as it continues to twist in the wind despite<br />efforts of institutions such as Goldman Sachs (NYSE: GS) and others<br />to help the U.S. Securities and Exchange Commission scramble to<br />resolve the crisis.<br /><br />By: meangene53<br />03 Nov 2005, 05:42 PM EST Msg. 17674 of 17692<br />(Msg. is a reply to 17670 by kingoraschmuck.)<br />I think anybody who contacts Rob Johnson will have a good repoire<br />with him.He's a wise gentleman and I wouldn't dare insult him by<br />fishing for info.I feel I have the skinny for myself and I can be<br />patient.King,give him a call and if he's available he'll talk your<br />head off.He'll also kindly let you know if your asking for protected<br />info which could bring in the SEC if someone like endobutt<br />complained.But do call it's free.Rob Johnson can tell you everything<br />he tells me and can answer only certain questions.Let him answer your<br />questions,you'll feel better getting answers first hand.I think if we<br />sit back and ponder what is going on we'll see that business activity<br />is improving.Our CEO is attending events that will show our wares.We<br />know Endothil is a huge hit or Basic Research wouldn't be sponsoring<br />hotrods,weightlifters and bodybuider forums and large spreads in<br />several mags.One last thing I've forgot to mention is David Summers<br />is still dumping and if anybody is trying to manipulate the stock it<br />would be him.Summers does not have to file a form-4 when he sells his<br />EVSC/EVSD stock.That ended 2 years after his indictment.MG<br /><br />By: kingoraschmuck<br />03 Nov 2005, 05:11 PM EST Msg. 17670 of 17692<br />(Msg. is a reply to 17669 by meangene53.)<br />Good strong points Meangene. You seem to have a good relation with<br />Rob Johnson. Any chance of you talking with him and kind of getting<br />the "skinny"?<br /><br />King<br /><br />----- Original Message -----<br />From: "tosreplies@ragingbull.com" &lt;tosreplies@ragingbull.com&gt;<br />To: "william knowles" &lt;endoscam@lycos.com&gt;<br />Subject: Re: RagingBull Warning (KMM25942775V7143L0KM)<br />Date: Thu, 15 Sep 2005 10:59:26 -0700<br /><br /><br /> Hello,<br /><br /> Thank you for taking the time to send this information our way. We will<br />be looking into this and making sure that this issue is resolved.<br /><br /> If you have any other questions or concerns, please do not hesitate to contact us.<br /><br /><br /> Thanks for your support of Raging Bull.<br /><br /> Regards,<br /> Raging Bull Team, part of the Lycos Network<br /><br /><br /><br /> Daily CASH Prizes at Gamesville.com...Come Play With Friends!<br /> <a class="jive-link-external" href="http://www.gamesville.com" target="_newWindow">http://www.gamesville.com</a><br /><br /><br /><br /> Original Message Follows:<br /> -------------------------<br /><br /> Dear rb,<br /> i tried to send this to you last night but although i am continually<br /> harrassed on rb by insiders to the evsc 'company' that ripped me off i<br /> don't bother you about that but explain that in my original email below<br /> which may have not reached you,i didn't even know where to sensd to tell<br /> you that evsc touters had organised a hate campaign against me victim of<br /> their scams. I plan to write more about internet fraud and as i say it<br /> is not rb's fault but neither should rb be deceived into aiding and<br /> abetting fraudsters who use rb for pump and dump ops that are<br /> illegal.thank you for your consideration.<br /> i have posts below of meangene's,leader122fl, et.al.'s insulting and<br /> threatening posts to me and he is an insider to evsc.do i need send you<br /> urls or does this give you an idea they are harrassing me only i<br /> wouldn't bother you about it under other circumstances.<br /> sincerely<br /> endoscam<br /> By: meangene53<br /> 06 Sep 2005, 05:36 PM EDT<br /> Msg. 709 of 728<br /> (This msg. is a reply to 707 by endoscam.)<br /> Jump to msg. #<br /> You said it not me Dikhead!!!EOM<br /> By: endoscam<br /> 06 Sep 2005, 05:29 PM EDT Msg. 707 of 728<br /> (Msg. is a reply to 705 by meangene53.)<br /> it's onlydropped 99%+ since then but that includes the boiler room<br /> Belladorgroup etc. since then - NOT 'NAKED SHORTING' NOR 'OVERSOLD<br /> POSITION' AS YOU AND ATTORNEY O'QUINN FRAUDULENTLY CLAIMED.<br /> Is that the clinic where you get your check-ups Tony?EOM<br /> By: meangene53<br /> 06 Sep 2005, 05:26 PM EDT<br /> Msg. 706 of 728<br /> (This msg. is a reply to 703 by endoscam.)<br /> Jump to msg. #<br /> By: meangene53<br /> 06 Sep 2005, 05:04 PM EDT<br /> Msg. 700 of 729<br /> (This msg. is a reply to 695 by endoscam.)<br /> Jump to msg. #<br /> You're messed up Tony.Somebody post rhetoric and you buy into it not<br /> knowing whether they are lies or not.Have you ever researched a<br /> stock?Who told you about ENDV?He/she is the one you should be whining<br /> to.By the way,yes your responsible for knowing if a post is bullschit<br /> or not if you're going to throw your money down.I'm sure O'Quinn and<br /> Reilly sit around and discuss if meangene53's claim was<br /> fraud.NOT!!!!When did I ever make a claim of fraud endobutt?That's<br /> the way you operate,not me.I move on when I've lost.I don't stay on a<br /> message board and make a fool of myself.DIKHEAD!!!<br /> y: meangene53<br /> 29 Aug 2005, 03:31 PM EDT<br /> Msg. 638 of 729<br /> (This msg. is a reply to 636 by endoscam.)<br /> Jump to msg. #<br /> See here?Now,who are you talking to?Who is you?Dikhead!!!<br /> By: meangene53<br /> 23 Aug 2005, 04:57 PM EDT<br /> Msg. 607 of 729<br /> (This msg. is a reply to 604 by gil1836.)<br /> Jump to msg. #<br /> His posts remind me of someone who was the end result of a drunken ****.<br /> By: meangene53<br /> 01 Sep 2005, 02:13 AM EDT<br /> Msg. 666 of 729<br /> (This msg. is a reply to 665 by endoscam.)<br /> Jump to msg. #<br /> Your posts read like somebody puked the alphabet on my screen.Do you<br /> ever read what you type?What a MESS!!!Keep working it Tony.What a<br /> waste of life.Do you want to borrow some money to get back in the<br /> game?HA!HA!HA!HA!HAAAAAA!Dikhead!!!!!<br /> By: meangene53<br /> 12 Sep 2005, 07:52 PM EDT Msg. 16322 of 16340<br /> (Msg. is a reply to by None.)<br /> You attack every poster that shows up Tony and I only attack you.I'm<br /> willing to come out and show my face.How about you?Hell with it,your<br /> easy enough to find.<br /> By: leader122fl<br /> 12 Sep 2005, 08:25 PM EDT Msg. 16332 of 16340<br /> (Msg. is a reply to by None.)<br /> I have already made a formal complaint on ENDO and they stated that<br /> they are in the process of review, and will take appropriate<br /> measures. With that said I would suggest everyone to continue the<br /> complaints and make sure that they are aware that he will continue to<br /> change his moniker. That is how they will remove his msg's and<br /> continue to review additional complaints to identify Tony as he<br /> continues to change his moniker. Unfortunately putting Endo on ignore<br /> is no longer effective, and will NOT resolve the issue. Stalking,<br /> slander, defamation, and harassment are not within the RB guide lines.<br /> (Voluntary Disclosure: ST Rating- Strong Buy; LT Rating- Strong Buy)<br /> To: webmaster@ragingbull.com<br /> Subject: In my defense on EVSC board vs. meangene53,leader122fl,et.al.<br /> Date: Mon, 12 Sep 2005 23:04:01 -0500<br /> Dear ragingbull,<br /> This should be sent to whoever reads 'tos' complaints in my (endoscam's)<br /> defense.As I am not one likely to complain to you regardless of how<br /> bullying or abusive others are of me I am taking time unfortuneatly to defend myself from penny stock touters who apparently are<br /> complaining to you officially about me.I lost $60,000 on Endovasc<br /> alone or 100% of my investment.But do I come to you and complain ?<br /> No,I don't,even though I was lied to by prs posted on rb and insiders<br /> using the various Endovasc message boards on rb over the years as<br /> their own personal scam websites as I'm sure you must know from much<br /> experience and many message boards, happens.<br /> But the message boards are for sharing information ideally rather<br /> than making them only for insiders who may be tempted to 'fib' just a<br /> little bit for personal gain at the expense of legitimate<br /> investors.And if I have or take any legal recourse it should be<br /> directed at those who directly defrauded me and not a message board<br /> host.Same goes for those who I have every reason to believe are<br /> insiders on rb's evsc board to go<br /> and file a legal complaint against me if they have cause AND NOT AGAINST RB.<br /> So below are typical posts from me and from 'them'.Stock touting is a<br /> big business so and most defrauded investors either lost less than<br /> me or are too embarrassed to admit it and fight it.And the EVSC<br /> 'FOLKS'<br /> have even lost their Stanford patent in the last few months because<br /> of my complaints to Stanford so they are mad at me and I'm glad.No<br /> one else will be defrauded by that patent they never deveoped but<br /> only used as a 'hook' to lure suckers like me into their scam,IMHO.<br /> I HAVE DISCVERED ENOUGH ABOUT INTERNET AND AND PENNY STOCK FRAUD TO<br /> WRITE A BOOK AND MAY YET DO SO.But I have no bone to pick with you.<br /> Sure I'd love to have rb tell me whether the touters are company<br /> insiders but I already know from years of observation they have<br /> insider knowledge.And unfortuneatly it is not your responsibility but<br /> the SEC's or state regulators,just as it should not be your<br /> responsibility to censor me for touters in hopes they can lure new<br /> 'marks'.Ragingbull should be proud they are letting dissenters or<br /> those who lost in stock scams,or poorly managed penny stocks at<br /> best,tell their story to potentially new or naive investors who might<br /> not know what they are getting into.<br /> Anyway I'm tired and wish these bad jokers had not sent a complaint<br /> to you making me have to contact you in my defense.But as you can see<br /> below,they say they did,so I'm contacting you with samples of their<br /> 'meangene53' and 'leader122fl' and my 'endoscam' posts.<br /> If after reading meangene53 and the newer leader122fl you think I am<br /> worse than they are please let me know.I can't imagine how you could<br /> however.And you may note links in my posts to articles by Tony Ryals<br /> who has put the Endovasc scam and the 'naked short scam'(the opposite<br /> of what rb touters claim it to be)out in the public domain.And you<br /> know other journalists are taking interest in what he says on<br /> indymedia about Endovasc and various insiders involved so I believe<br /> rb should just take a neutral stand.<br /> If indymedia isn't afraid of the big bad wolves you should not be<br /> afraid of Endovasc et.al. and insiders who tout here and complain of<br /> 'bashers',who for all you know,could really be ripped off investors.<br /> Sincerely,<br /> endoscam@lycos.com<br /> By: endoscam<br /> 12 Sep 2005, 10:41 PM EDT Msg. 16342 of 16342<br /> (Msg. is a reply to 16341 by leader122fl.)<br /> misleader122fl, it is insider dumping that has caused collapse of<br /> share price,that and lieing in every pr till no credibility is<br /> left.it is you who is comibng here with a new alias mysteriously<br /> around the time vfin that you also tout like a favorite football team is in 'arbitration' with evsc,no doubt related to giving them more<br /> shares to dump.the truth is you like me are an alias but it is obvious you are here to tout no doubt in order to dump shares.i am<br /> here because i was lied to and lost 100% of my substantial investment in what turned out to be a pump and dump scam. you ever heard of<br /> those ? they're illegal but for some reason recurring.<br /> does your 'fl' stand for florida where vfin is located ?<br /> By: leader122fl<br /> 12 Sep 2005, 10:23 PM EDT Msg. 16341 of 16342<br /> (Msg. is a reply to by None.)<br /> Which is it Endo... Are we/I part of the fraud or marks of the fraudsters, you've classified me as both which is not possible.<br /> You're starting to slip up. In addition you are rubbing EVERYONE the wrong way. Your days on RB are counting down. I feel sorry for you<br /> because you wont be able to Manipulate the pps by your incessant bashing.<br /> By: meangene53<br /> 12 Sep 2005, 07:46 PM EDT Msg. 729 of 731<br /> (Msg. is a reply to by None.)<br /> If you want to stop endoscam from his personal attacks,whinning,name calling,the "KKK" usage then we all have to flood the TOS board.I sent ten TOS reports on the evsc board a couple of minutes ago.If we do nothing then it's our fault for allowing his behaviour to be flung around our boards like a mad dog.Fill out the TOS reports everyday and Lycos/RB will do some thing about endoscam.MG&gt;<br /> By: endoscam<br /> 12 Sep 2005, 10:22 PM EDT Msg. 731 of 731<br /> (Msg. is a reply to by None.)<br /> fraudgene53 doesn't want the truth because that effects his use of rb<br /> for fraud he wishes to use the board to tout to bring new suckers and<br /> finds it more than a little inconvenient that anyone defrauded in the past by his and insiders use of it to tout here would now spend much<br /> of their time wearning others away from evsc scam and its connections<br /> to a scam called 'naked shorting' that was really a fraudulent lie to mask illegal pump and dump activities both onshore through accounts<br /> at brokerages such as Schwab(I have the 'agreement')and through whatever deals with vfin etc.undisclosed to defrauded investors.<br /> If EVSC were really in phase III as meangene and other insiders have<br /> claimed on rb since the 1990's he would<br /> not be here touting and money would be in EVSC account<br /> for said purpose.Instead he chooses to spend his days as an insider<br /> on rb touting to dump more shares even though he knows any investor<br /> who listened to him or other evsc insiders who have used rb to tout<br /> their have lost everything.<br /> So those are the general outline of the facts,why don't you tell<br /> ragingbull you have been promoting phase III for years and stealing<br /> all investor money so it could never happen if you had FDA approval<br /> which is just another of your lies.YOU SAID YOUI HAD FDA APPROVAL IN<br /> THE 1990'S !!!<br /> Where did the money go from the fraudulent reverse split ?<br /> Want to sue me foer saying fraud ? Do it and I'll bring the<br /> shareholder agreement to fill one Schwab account with up to 30<br /> million shares to court with me.Unlike you,I don't lie.<br /> By: endoscam<br /> 12 Sep 2005, 10:22 PM EDT Msg. 731 of 731<br />&gt; (Msg. is a reply to by None.)<br /> fraudgene53 doesn't want the truth because that effects his use of rb<br /> for fraud he wishes to use the board to tout to bring new suckers and<br /> finds it more than a little inconvenient that anyone defrauded in the<br /> past by his and insiders use of it to tout here would now spend much of their time wearning others away from evsc scam and its connections<br /> to a scam called 'naked shorting' that was really a fraudulent lie to<br /> mask illegal pump and dump activities both onshore through accounts<br /> at brokerages such as Schwab(I have the 'agreement')and through<br /> whatever deals with vfin etc.undisclosed to defrauded investors.<br /> If EVSC were really in phase III as meangene and other insiders have<br /> claimed on rb since the 1990's he would<br /> not be here touting and money would be in EVSC account for said purpose.Instead he chooses to spend his days as an insider on rb touting to dump more shares even though he knows any investor who listened to him or other evsc insiders who have used rb to tout<br /> their have lost everything.<br /> So those are the general outline of the facts,why don't you tell<br /> ragingbull you have been promoting phase III for years and stealing<br /> all investor money so it could never happen if you had FDA approval<br /> which is just another of your lies.YOU SAID YOUI HAD FDA APPROVAL IN<br /> THE 1990'S !!!<br /> Where did the money go from the fraudulent reverse split ?<br /> Want to sue me foer saying fraud ? Do it and I'll bring the shareholder agreement to fill one Schwab account with up to 30 million shares to court with me.Unlike you,I don't lie.<br /> By: meangene53<br /> 06 Sep 2005, 05:36 PM EDT<br /> Msg. 709 of 728<br /> (This msg. is a reply to 707 by endoscam.)<br /> Jump to msg. #<br /> You said it not me Dikhead!!!EOM<br /> By: endoscam<br /> 06 Sep 2005, 05:29 PM EDT Msg. 707 of 728<br /> (Msg. is a reply to 705 by meangene53.)<br /> it's onlydropped 99%+ since then but that includes the boiler room<br /> Belladorgroup etc. since then - NOT 'NAKED SHORTING' NOR 'OVERSOLD<br /> POSITION' AS YOU AND ATTORNEY O'QUINN FRAUDULENTLY CLAIMED.<br /> Is that the clinic where you get your check-ups Tony?EOM<br /> By: meangene53<br /> 06 Sep 2005, 05:26 PM EDT<br /> Msg. 706 of 728<br /> (This msg. is a reply to 703 by endoscam.)<br /> Jump to msg. #<br /> By: meangene53<br /> 06 Sep 2005, 05:04 PM EDT<br /> Msg. 700 of 729<br /> (This msg. is a reply to 695 by endoscam.)<br /> Jump to msg. #<br /> You're messed up Tony.Somebody post rhetoric and you buy into it not knowing whether they are lies or not.Have you ever researched a stock?Who told you about ENDV?He/she is the one you should be whining<br /> to.By the way,yes your responsible for knowing if a post is bullschit<br /> or not if you're going to throw your money down.I'm sure O'Quinn and<br /> Reilly sit around and discuss if meangene53's claim was fraud.NOT!!!!When did I ever make a claim of fraud endobutt?That's<br /> the way you operate,not me.I move on when I've lost.I don't stay on a<br /> message board and make a fool of myself.DIKHEAD!!!<br /> y: meangene53<br /> 29 Aug 2005, 03:31 PM EDT<br /> Msg. 638 of 729<br /> (This msg. is a reply to 636 by endoscam.)<br /> Jump to msg. #<br /> See here?Now,who are you talking to?Who is you?Dikhead!!!<br /> By: meangene53<br /> 23 Aug 2005, 04:57 PM EDT<br /> Msg. 607 of 729<br /> (This msg. is a reply to 604 by gil1836.)<br /> Jump to msg. #<br /> His posts remind me of someone who was the end result of a drunken ****.<br /> By: meangene53<br /> 01 Sep 2005, 02:13 AM EDT<br /> Msg. 666 of 729<br /> (This msg. is a reply to 665 by endoscam.)<br /> Jump to msg. #<br /> Your posts read like somebody puked the alphabet on my screen.Do you<br /> ever read what you type?What a MESS!!!Keep working it Tony.What a<br /> waste of life.Do you want to borrow some money to get back in the<br /> game?HA!HA!HA!HA!HAAAAAA!Dikhead!!!!!<br /> By: meangene53<br /> 12 Sep 2005, 07:52 PM EDT Msg. 16322 of 16340<br /> (Msg. is a reply to by None.)<br /> You attack every poster that shows up Tony and I only attack you.I'm<br /> willing to come out and show my face.How about you?Hell with it,your<br /> easy enough to find.<br /> By: leader122fl<br /> 12 Sep 2005, 08:25 PM EDT Msg. 16332 of 16340<br /> (Msg. is a reply to by None.)<br /> I have already made a formal complaint on ENDO and they stated that they are in the process of review, and will take appropriate measures. With that said I would suggest everyone to continue the<br /> complaints and make sure that they are aware that he will continue to change his moniker. That is how they will remove his msg's and continue to review additional complaints to identify Tony as he continues to change his moniker. Unfortunately putting Endo on ignore is no longer effective, and will NOT resolve the issue. Stalking, slander, defamation, and harassment are not within the RB guide lines.<br /> (Voluntary Disclosure: ST Rating- Strong Buy; LT Rating- Strong Buy)<br /> By: endoscam<br /> 12 Sep 2005, 09:15 PM EDT Msg. 16336 of 16340<br /> (Msg. is a reply to 16333 by endoscam.)<br /> one might ask why Judge Ken Reilly of EVSC doesn't act on mr.ryals if he has any complaints.<br /> By: endoscam<br /> 12 Sep 2005, 09:18 PM EDT Msg. 16337 of 16340<br /> (Msg. is a reply to by None.)<br /> OR HOW ABOUT 'FAMED ATTORNEY O'Quinn'who Mr.Ryals says<br /> EITHER COVERED UP OR WAS DUPED BY EVSC'S CANTRELL, SUMMERS,JOHNSON ET.AL. WHO LIED ABOUT 'NAKED SHORTING' AS A RUSE TO CONCEAL ILLEGAL<br /> PUMP AND DUMP AND POSSIBLE MONEY LAUNDERING.Does your attorney have a<br /> come back for that ? Didn't think so.<br /> By: endoscam<br /> 12 Sep 2005, 09:20 PM EDT Msg. 16338 of 16340<br /> (Msg. is a reply to by None.)<br /> Has Texas Attorney John O'Quinn covered up stock fraud and money<br /> laundering ?<br /> <a class="jive-link-external" href="http://cvilleindymedia.org/newswire.php?story_id=1788" target="_newWindow">http://cvilleindymedia.org/newswire.php?story_id=1788</a><br /> By: endoscam<br /> 12 Sep 2005, 09:22 PM EDT Msg. 16339 of 16340<br /> (Msg. is a reply to by None.)<br /> why don't you go cry to o'quinn and reilly misleader rather than<br /> trying to intimidate posters posting the truth about penny scams on<br /> rb ?<br /> By: endoscam<br /> 12 Sep 2005, 09:23 PM EDT Msg. 16340 of 16340<br /> (Msg. is a reply to by None.)<br /> why don't you sue sec and royal gazette for their statements re vfin ?<br /> ----- Original Message -----<br /> From: tosreplies@ragingbull.com<br /> To: endoscam@lycos.com<br /> Subject: RagingBull Warning<br /> Date: Tue, 13 Sep 2005 10:58:10 -0400<br /><br /> Dear endoscam,<br /><br /> This is an official warning that you have violated Raging Bull's Terms<br /> of<br /> Service as detailed below:<br /><br /> Personal Attack/Harassment<br /><br /><br /> Further warnings can result in suspension or deletion of your account.<br /><br /> Please note that we will not email you with copies of the offending<br /> posts. Should you have any questions regarding your violation, please<br /> read our Rules of the Road<br /> <a class="jive-link-external" href="http://ragingbull.lycos.com/cgi-" target="_newWindow">http://ragingbull.lycos.com/cgi-</a> bin/static.cgi/a=rules.txt&#38;d=community<br /> for clarification. Also note that there is no appeals process to this action, all decisions are final.<br /> We will not reply to any questions with regards to what or why we<br /> took this action. This notification will<br /> be the only communication you recieve from us.<br /><br /> Regards,<br /> The Raging Bull Team<br /><br /> <br />The Byrnes,John Edwards,Attorney O'Quinn,Swift Boat Vets,Money Laundering <br /><br /><a class="jive-link-external" href="http://baltimore.indymedia.org/newswire/display/11241/index.php" target="_newWindow">http://baltimore.indymedia.org/newswire/display/11241/index.php</a><br /><br />To SEC : James Angel,Georgetown University,Aids Penny Stock Fraud<br /><br /><a class="jive-link-external" href="http://baltimore.indymedia.org/newswire/display/10850/index.php" target="_newWindow">http://baltimore.indymedia.org/newswire/display/10850/index.php</a><br /><br />Bill Bonner :Agora Inc,Baltimore has aided penny stock fraud<br /><br /><a class="jive-link-external" href="http://baltimore.indymedia.org/newswire/display/11282/index.php" target="_newWindow">http://baltimore.indymedia.org/newswire/display/11282/index.php</a><br /><br />Agora Inc.meets George Tenet in New Orleans,touts penny stock for CIA<br /><br /><a class="jive-link-external" href="http://baltimore.indymedia.org/newswire/display/11325/index.php" target="_newWindow">http://baltimore.indymedia.org/newswire/display/11325/index.php</a><br /><br />Agora Inc., Bill Bonner , Porter Stansberry , Jim Davidson and fraud<br /><br /><a class="jive-link-external" href="http://baltimore.indymedia.org/newswire/display/11382/index.php" target="_newWindow">http://baltimore.indymedia.org/newswire/display/11382/index.php</a>
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Lycos Ragingbull.com & Gary Valinoti's Jag Media conflict of interest.
by November 15, 2005 7:30 PM PST
Below is email received from ragingbull claiming my posting priviledges on ragingbull.com have been 'deactivated' for 'using multiple aliases'. Note I was not censored,(which is what this really is),for touting worthless stock which is exactly what Gary Valinoti connected aliases of Jag Media Holdings have done on RB for years.<br /><br /><br />And what is his and his many allied aliases punishment for deceiving and defrauding RB's message board readers about 'naked shorting' being the reason for his Jag Media and many other penny stock pumps and dumps being a victim of 'naked short selling' and making outrageous claims about the companies,(both Jag Media and others with JAG NOTES infamous 'rumors' among other fraud tactics),values or potentials on the ragingbull's jagh and other RB message boards ? <br /><br />He is given a contract with Lycos as a reward for the work,(fraud),he and unidentified Jag Media Holdings 'touts' on RB and James Dale Davidson of Agora Inc.connected David Patch who is also allied with Gary Valinoti and 'Bob O'Brien' of ncans.net who is probably James Dale Davidson of Agora Inc.and the National Taxpayers Union or connected to Davidson and uses the same naked short fraud claim to promote Patrick Byrne's OSTK and NFI on Yahoo,AMONG OTHERS.<br /><br />BELOW IS RAGINGBULL'S NON-ANSWER TO ME ABOUT WHY THEY CUT MY POSTING THAT WARNED OTHERS OF THE NAKED SHORT SCAM THAT IS USED TO DIVERT ATTENTION FROM ILLEGAL PUMP AND DUMP ACTIVITIES AND POSSIBLY MONEY LAUNDERING WITH U.S., PARTICULARLY EVSC SHARES,IN TERRORIST SUSPECT KUALA LUMPUR.ALSO MY MORE DETAILED REPLIES TO THEM ARE HERE FOLLOWED BY THE CONTRACT I MENTIONED BETWEEN JAG MEDIA AND LYCOS TO PROMOTE STOCK TOGETHER. <br /><br />NOTE THE CYBER BULLYING I DISCUSS AND THREATS TO MY LIFE BY ALIASES THEY PROTECT WENT RIGHT OVER THEIR HEADS OF COURSE.THIS IS SERIOUS MONEY TO RAGINBGULL AND THEY PLAN TO DO THEIR PART TO PROTECT THE PENNY STOCK MAFIA AND CYBERFRAUD OPS THEY AID AND ABET. <br /><br />----- Original Message ----- <br />From: "support_finance_web_ls@support.lycos.com " <br />&lt;support_finance_web_ls@support.lycos.com&gt; <br />To: "william knowles" &lt;endoscam@lycos.com&gt; <br />Subject: Re: : Report a Bug (KMM26243990V37022L0KM) <br />Date: Tue, 15 Nov 2005 10:33:14 -0500 <br /><br />&gt; <br />&gt; Hello, <br />&gt; <br />&gt; Your account(s) have been deactivated for being in violation of Raging <br />&gt; Bull's Terms of Service. Multiple alias are in violation of Raging <br />&gt; Bull's Terms of Service. <br />&gt; <br />&gt; You may view the Terms of Service at the link below: <br />&gt; <a class="jive-link-external" href="http://www.lycos.com/lycosinc/legal.html#Quote" target="_newWindow">http://www.lycos.com/lycosinc/legal.html#Quote</a> <br />&gt; <br />&gt; <br />&gt; Thanks for your support of Raging Bull. <br />&gt; <br />&gt; Regards, <br />&gt; Raging Bull Team, part of the Lycos Network <br />&gt; <br />&gt; <br />&gt; <br />&gt; <br />&gt; <br />&gt; Original Message Follows: <br />&gt; ------------------------- <br />&gt; <br />&gt; MemberName: <br />&gt; ------------------------ <br />&gt; Name: william knowles <br />&gt; Email: endoscam@lycos.com <br />&gt; Service: Angelfire <br />&gt; Error: <br />&gt; Browser &#38; Platform = Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; <br />&gt; FunWebProducts) <br />&gt; IP information = 216.230.150.7 <br />&gt; Date/Time: 11/4/2005 1:22 <br />&gt; Comments: i am unable to post even when system is up. <br /><br /><br /><br /><br /><br /><br /><br /><br />add your comments<br /><br /><br /><br />More ragingbull email<br />by Tony Ryals Tuesday November 15, 2005 at 12:24 PM<br />endoscam@lycos.com <br /><br /><br />From: "william knowles" &lt;endoscam@lycos.com&gt; [Save Address] [Block Sender] [This Is Spam] <br />To: "support_finance_web_ls@support.lycos.com " &lt;support_finance_web_ls@support.lycos.com&gt; <br />CC: <br />Subject: Re: : Report a Bug (KMM26243990V37022L0KM) <br />Date: Tue, 15 Nov 2005 14:40:33 -0500 <br /><br />-------------------------------------------------------------------------------- <br /><br />Show Full Headers <br />As AttachmentInline Text Previous | Next <br /><br /><br />DEAR RAGINGBULL, <br /><br />As a follow up to what I just sent you note this post from <br />'slowbone',who changed his alias after I put his post about boiler <br />room experience on world wide internet(do a google search ragingbull <br />slowbone meangene53).WHY DOES YOUR LYCOS SEARCH ENGINE NOT DO THAT <br />AUTOMATICALLY ?,YOU WOULD CUT RAGINGBULL MESSAGE BOARD FRAUD TO NEAR <br />0 IF YOU DID.Wouldn't you like to cut ragingbull fraud to near 0? But <br />look, he just applies for a new alias and is much more cautious and <br />less touting than before.And note 'meangene53' has stopped posting at <br />least for now. <br />Unless of course he just got a new alias like 'slowbone'.So how come <br />you never catch the people working your boards for fraud all thse <br />years and only manage to censor their critics ? Are you like keystone <br />cops or do you have any special connections to some of those who run <br />the scams on ragingbull such as Gary Valinoti of Jag Media Holdings <br />who you even suigned a stock promotion deal with ? <br /><br />You may note also that athena_sword appears to hve been correct about <br />ADOT WHO YOU ALSO PREVENTED FROM WARNING OTHERS ABOUT RB MESSAGE <br />BOARD SCAMS. <br />Why are you attacking me who can prove to you in a minute that I was <br />defrauded by Dwight Cantrell,ROBERT Johnson,David P Summers,Judge Ken <br />Reilly,JAMES Dale Davidson,ET.AL.of Endovasc,using your message board <br />which is their only 'business'and allow them to continue their fraud <br />here ? <br /><br />I will continue to do my articles on fraud being perpetrated here <br />until it ends or the mafia you support through ignorance of not do <br />manage to shoot me or machete me or whatever.I as a reporter of the <br />fraud I have endued on internet and particularly ragingbull am <br />however always willing and glad to quote you verbatim in my writing.I <br />find it amusing you all appear afraid to just use your reall names so <br />all your criticisms about dishonesty really apply more so to you than <br />to me.Why doesn't the head of ragingbull just speak up and I'll quote <br />him,with my comments added,verbatim.You guys afraid to leave the dark <br />alley of ragingbull with Gary Valinoti and step into the world wide <br />web and Google light ? No wonder you could never compete in the world <br />of search engines your whole 'business' here is 'anti search,just as <br />those you host here who claim to be 'anti-naked short selling' are <br />really pump and dump con artists including ragingbull' business <br />partner Gary Valinoti who was recently exosed for dumping undeclared <br />shares all the while he fraudulent claimed Jag Media Holding or JAGH <br />was a victim of 'naked shorting'. <br /><br />So if you made a deal with him who has allowed o many insiders to lie <br />on JAGH RB message board how much can we who wer defrauded by <br />'companies' touting here trust your integrity ? Below is confession <br />from slowbone about alias change to <br /><br />Sincerely <br />Tony Ryals <br /><br />By: greenrabbit_7 <br />09 Nov 2005, 10:36 AM EST <br />Msg. 17753 of 17818 <br />Jump to msg. # <br />Slowbone is dead, thanks to endoscam. I have changed my moniker <br />because the infamous Tony Ryals is posting some statements I made a <br />while back under my last incarnation. These statements are posted on <br />another site. Naturally, he's twisting things around and inserting <br />words I never said. Rather than taking him to court, I will now be <br />know as greenrabbit_7.I'm sure you will now do your duty and remove <br />this confesssed boiler room tout from the boards.One down and all <br />those Valinoti and thus ragingbull connected insider touts to go.TOO <br />FUNNY,TOO SAD,TOO FRAUDULENT. <br /><br /><br /><br /><br /><br /><br /><br />----- Original Message ----- <br />From: "support_finance_web_ls@support.lycos.com " <br />&lt;support_finance_web_ls@support.lycos.com&gt; <br />To: "william knowles" &lt;endoscam@lycos.com&gt; <br />Subject: Re: : Report a Bug (KMM26243990V37022L0KM) <br />Date: Tue, 15 Nov 2005 10:33:14 -0500 <br /><br />&gt; <br />&gt; Hello, <br />&gt; <br />&gt; Your account(s) have been deactivated for being in violation of Raging <br />&gt; Bull's Terms of Service. Multiple alias are in violation of Raging <br />&gt; Bull's Terms of Service. <br />&gt; <br />&gt; You may view the Terms of Service at the link below: <br />&gt; <a class="jive-link-external" href="http://www.lycos.com/lycosinc/legal.html#Quote" target="_newWindow">http://www.lycos.com/lycosinc/legal.html#Quote</a> <br />&gt; <br />&gt; <br />&gt; Thanks for your support of Raging Bull. <br />&gt; <br />&gt; Regards, <br />&gt; Raging Bull Team, part of the Lycos Network <br />&gt; <br />&gt; <br />&gt; <br />&gt; <br />&gt; <br />&gt; Original Message Follows: <br />&gt; ------------------------- <br />&gt; <br />&gt; MemberName: <br />&gt; ------------------------ <br />&gt; Name: william knowles <br />&gt; Email: endoscam@lycos.com <br />&gt; Service: Angelfire <br />&gt; Error: <br />&gt; Browser &#38; Platform = Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; <br />&gt; FunWebProducts) <br />&gt; IP information = 216.230.150.7 <br />&gt; Date/Time: 11/4/2005 1:22 <br />&gt; Comments: i am unable to post even when system is up. <br /><br /><br /><br /><br /><br /><br /><br /><br />add your comments<br /><br /><br /><br /><br />Ragingbull cyber fraud<br />by Tony Ryals Tuesday November 15, 2005 at 11:52 AM<br />endoscam@lycos.com <br /><br /><br />From: "william knowles" &lt;endoscam@lycos.com&gt; [Save Address] [Block Sender] [This Is Spam] <br />To: "support_finance_web_ls@support.lycos.com " &lt;support_finance_web_ls@support.lycos.com&gt; <br />CC: <br />Subject: Re: : Report a Bug (KMM26243990V37022L0KM) <br />Date: Tue, 15 Nov 2005 13:46:56 -0500 <br /><br />-------------------------------------------------------------------------------- <br /><br />Show Full Headers <br />As AttachmentInline Text Previous | Next <br /><br /><br />Dear ragingbull, <br />Then if my account has been deactivated for multiple aliases why do <br />you allow James Dale Davidson of Agora Inc. who gawd knows has a big <br />enough cyberfraud operation around the world with more scammy <br />internet sites than can be counted and David Patch and his gang, who <br />use multiple aliases to run penny stock scams on ragingbull FOR <br />YEARS ?! Or haven't you noticed ? It is no secret he promoted James <br />Dale Davidson's pump and dump of Genemax and then they all <br />fraudulently claimed the shares they dumped with RB's help was <br />really,ha ha,'naked shorting' from Charles Schwab et.al..Do you think <br />Ragingbull aiding fraud either from ignorance or collusion is cute ? <br />Do you believe knowingly hosting penny stock pump and dump ops is not <br />a fraud and a crime ?And what about 'burniere' who also has done the <br />same thing and also has touted the CMKX pump and dump as well as <br />Genemax and Jag Media holdings that also claimed to be a victim of <br />'naked shorting' ? <br />Have you noticed his appearance on gmxx board whenever I post and his <br />threats and that everyone knows this probable Canadian fraudster is <br />Davidson connected and CMKX fraud nmining stock connected and has had <br />many aliases as well.And he was claiming Genemax was being 'naked <br />shorted' as James Dale Davidson,Brent Pierce,and Grant Atkins ran the <br />pump and dump from Blaine,Wshington years ago.What's so peculiar is <br />that you are the ones who could stop all this fraud but instead are <br />more concerned to prevewnt me from warning others on Ragingbull.Why ? <br /><br />Have you investigated SIRIUS who has maintained his alias while <br />touting the frauds Genemax and Jag Media Holdings and raged hate <br />against Moslems <br />and 'liberals' on your 'gov' board ? And this group always hints they <br />can get people's aliases removed here as if they have some inside <br />track to Ragingbull management .Why is that ? Or you even concerned <br />that David Patch and Rsagingbull's 'business' partner Gary Valinoti <br />of Jag Notes have been lying to your readers for years about 'naked <br />shorting' in order to defraud them ? <br /><br />To the contrary of your claim it is this cyber fraud mafia you are <br />hosting here who are running scams and it is me both on Yahoo and <br />Ragingbull who has been threatened by them even hints of a <br />'machete'.Yes your little mafia here who you protect also work the <br />Yahoo scam boards as well and yes the pyump and dumps you host and <br />probable money laundering from unaudited shares IS big business and <br />criminal business. <br /><br />Have you ever considered that if the mafia you host here did not work <br />so hard to get any alias I post under removed that maybe I would not <br />have to apply for another account to to try prevent them from <br />defrauding others with their fraudulent lies here ? Do you realise I <br />lost 100% of my substantial investment in James Dale Davidson <br />et.al.'s Endovasc fraud by way of listening to the insididers who <br />fraudulently tout with your approval on Endovasc ? Do you realise <br />David Patch is both Davidson of Agora Inc.,Baltimore and Gary <br />Valinoti of Jag Media Notes connected ? And do you realise Ragingbull <br />has actually signed a contract with Gary Valinoti in 2002 or 2003 to <br />work togather to promote penny stocks ? <br /><br />It appears you want to draw suckers such as myself in as long as we <br />are good and useful suckers but when and if we catch on to the fraud <br />here and to the long time aliases you aid and abet to carry it out <br />then you work with them to cover up.Is that about the size of it ? Or <br />you going to get rid of David Patch and thoso associated aliases of <br />his now and Mark Faulking liar and no longer allow them to tout pump <br />and dump scams as victims of 'naked shorting' then ? <br /><br />Are you going to close the Endovasc board where only insiders to the <br />fraud now tout since you got rid of me ? Or do you want them to <br />defraud others which is why you are preventing me from warning others <br />? I have proof of my 100% losses there and that it was not the result <br />of 'naked shorting'but of a Schwab account filled with up to '30 <br />million shares' and James Dale Davidson who is connected to the <br />supposed 'anti-naked short'penny stock touters you host here promoted <br />through Agora Inc.with lies as your gang here touted simultaneously <br />both Genemax and Endovasc. <br /><br />I for the first time was able to draw attention to the fraud occuring <br />here because of the wolfblitzzer0 alias.I actually believed I was <br />doing Ragingbull a favor by drawing some attention to the boards but <br />also by drawing some attention to the frauds that had been going down <br />here for years.My interest in UCSY was and is the transfer agent <br />Alexander Walker who has been involved in numerous penny stock frauds <br />that have been used to rob Americans and send the stolen money <br />offshore,Harvard Scientific, Bret Energy,Endovasc,Sulpco,UCSY,ARE <br />JUST A FEW THAT COME TO MIND... <br /><br />Now as Americans or whoever you are who make a good living in <br />America,I would like to ask you how you can even live with yourselves <br />knowing you havce aided Endovasc to defraud and deceive using your <br />website ? How in this post 911 era are you not as shocked as I am <br />knowing that their promotion here has allowed the boiler room <br />Bellador Group to dump shares on defrauded Americans and others <br />through their Kuala Lumpur and Dubai operations ? Are you sure what <br />you are allowing has not aided both money laundering and or support <br />for underworld and terrorist activities ? <br /><br />If you are more interested in ending the fraud on Ragingbull I know a <br />lot and would be glad to help,but you are the one who really knows <br />what is happening here and it should be you who discloses it to the <br />SEC and others who may not even know there losses here were due to <br />cyberfraud orchestrated by alaises I've mentioned and many more.The <br />paradox is that Lycos began as a search engine and ended as a dark <br />allay where criminals fingd a home. Why ?You have the technology to <br />make the records all very searchable even conducive to google <br />searches yet you maintain Ragingbull as a dark alley for fraud and <br />refuse to use Lycos search engine tech or anyone else's for those who <br />might wish to use your archives to search for past and present penny <br />stock criminal activities occuring here.Why ? <br /><br />So why not simply return my 'wolfblitzzer0' alias to me ? As you know <br />if I can't have access to posting here I cannot even see old posts <br />and do continuing research into this old and ongoing fraud Endovasc <br />and its ragingbull board have sucked me into.I really thought for a <br />while I would finally be able to maintain one.Also do a google search <br />of 'yahoo mafia cabby guatemala machete'.And no it does not matter <br />those threats occured on Yahoo these peole whoever they are are using <br />both Ragingbull and Yahoo for there criminal stock fraud.And it must <br />be quite lucrative to attrat people who will threaten the lives of <br />those they robbed in order to try and shut them up.Why do you allow <br />this why are you not outraged as I am ? Does that mean you see your <br />economic interests allied with this internet mafia who uses <br />RagingBull as hubs for their frauds rather than to the 'small <br />investor' who falls victim to them on RB and or Yahoo ? <br /><br />So why would I need 'multiple aliases',don't I just post under one <br />one unless your mafia removes that one that I use to warn others ? <br />Are you then going to close the Endovasc board ? I believe all this <br />in the public record now opens you up for seriuos litigation if you <br />continue to aid and abet insiders to penny stock fraud.It is become <br />increasingly apublic knowledge and you can no longer pretend you <br />don't know who David Patch is what he does on RB to promote penny <br />stock scams and defraud your readers here.And it is now public record <br />that Ragingbull has direct unethicl connections at best to Gary <br />Valinoti of Jag Media Holdings who in turn has connections to both <br />David Patch who virtually runs the 'anti-naked shorting' fraud on <br />your website and uses it to direct potential marks to <br />investigatethesec' etc. <br /><br />So for my part stop stalking my computer which belongs to a public <br />internet cafe by the way and stop blocking or harrassing me and <br />instead stop the fraud on ragingbull and close down the ragingbull <br />Endovasc board which is like so many on ragingbull aiding and <br />abetting fraud.You lie outright by singling me out as one who uses <br />'mulitple alioases' like I'm some kind of crook rather than a <br />defrauded investor'.And you know for a fact you allow the real <br />criminal to really use multiple aliases here. <br /><br />You may do a google search of 'tony ryals ncans naanss'if yiou really <br />want to know what is going on.And you will see that under tony ryals <br />guatemala cabby machete',the kind of ragingbull 'clients'you really <br />serve.They are real, criminal some with Belytway connections.Are you <br />proud ? You shouldn't be. <br /><br />Sincerely, <br />Tony Ryals <br /><br /><br />Dear RagingBull ,AGAIN<br />by Tony Ryals Tuesday November 15, 2005 at 01:49 PM<br />endoscam@lycos.com <br /><br /><br />Dear RagingBull, <br />The following was posted on offshorebusiness.com along with Gary Valinoti's conviction or settlement with the SEC for dumping undeclared shares and will be part of a new article I am writing where search engines really work,which is not on Lycos or ragingbull anywhere,I'm sorry to say.And all the while Valinoti was touting his worthless JAG MEDIA HOLDINGS SHARES ON RAGINGBULL.COM.Why and Why did you all who entered into business with him not notice ? <br /><br />No wonder the frauds who operate on RB with impunity are able to get the defrauded who would complain as I have am removed to bring in the new 'marks' to defraud them.Are you proud ?And like I've said I am glad even anxious to quote anything RagingBull has to say in its defense regarding business deals with Gary Valinoti who has ran the 'anti-naked shorting' campaign along with David Patch and his MANY RB aliases here.Is David Patch so good a ragingbull scamster you cannot catch him and SIRIUS and the related group of aliases they use or who are part of the RAGINGBULL MESSAGE BOARD FRAUD TEAM ? Have you noticed the rabid hate of 'moslems' and arabs and 'liberals' SIRIUS posts on RB gov board between his scammy Jag Media Holdings TOUTS ? How many aliases does he really have ? <br /><br />WHY COULDN'T YOU stop their fraudulent tout claims,most particlularly the 'naked short' fraud claim to divert naive investor attention away from massive penny stock dumping and probable money laundering for so many penny stock pumps and dumps here? Are you proud to have helped the Endovac fraud team to run a boiler room scam with unaudited shares in Kuala Lumpur through Bellador Group with its connections to Dubai ? In a post 911 era where we are all supposed to be concerned about aiding money laundering and possible terrorist fund raising through stocks,particularly penny stock operations,how can you live with yourselves ? <br /><br />I 'invested' in EVSC specifically because of the Stanford patent it has since returned after having used it for maximum fraud here TOUTING AND DUMPING.And it was supposed to be a 'Texas biotech', NOT TO LOSE EVERYTHING INVESTORS INVESTED IN A BOILER ROOM DEAL IN KUALA LUMPUR,OR DUMPING FROM A 'SELECT CLIENTS'CHARLES SCHWAB ACCOUNT AFTER A JAMES DALE DAVIDSON AGORA INC.FRAUDULENT PROMOTION THAT ALSO MADE USE OF RAGINGBULL IN THIS FRAUD.I <br /><br />I noted once a 'jddavidson911'alias was removed immediately within hours after it appeared on RagingBull,that was proof for me that the PENNY STOCK AND POLITICAL fraud Davidson who made much use of RB for penny stock fraud over the years and or Agora Inc.have eyes and ears here still. <br /><br />This is a bad joke,right ? Do you plan to end David Patch's and Jag Notes, or JAG MEDIA HOLDINGS SCAMS ON RB IN THE NEAR FUTURE OR CONTINUE TO SUPPORT THEM OR LOOK THE OTHER WAY AND PRETEND YOU DO NOT SEE ?!Or pretend those who try to expose them,or were derfrauded by them,are the criminals ? <br /><br />Sincerely <br />Tony Ryals <br /><br /><br /><br /><br />The Lycos RagingBull &#38; Jag Media Holdings connection <br />By will the fraud never end ? on 11/7/2005 9:32:50 PM <br />E-mail: endoscam@lycos.com <br /><br />Lycos and Ragingbull 's Jag Media Holdings connection <br /><br /><br />The link below is a google cache of a Jag Media Holdings and Lycos RagingBull contract that color highlights 'lycos <br />ragingbull massachusetts jag media ',but I post the entire contract here for others to see there is a Lycos ragingbull.com and Jag Media Holdings connection. <br /><br />Jag Notes of Jag Media Holdings apppears to have involved itself over the years with unethical if not illegal touting of stocks whether it has had them as clients or simply has people in the background who decide and might benefit from touting certain stocks. <br /><br />Someone like 'hunter' or 'jurisper' might be able to draw up a larger list but two stocks that come to mind recently are Charles Schwab the day before the London bombing with the false rumor the Schwab would be bought out by UBS or some Hong Kong bank I believe and then coincidentally but with less impact of inducing an upward price spiral was 'Bob O'Brien' and his NCANS' NFI coincidentally that jag notes touted with the 'rumor' of a buy out by Warren Buffett !! Too bad the U.S.does not have an SEC or someone would investigate. <br /><br />One thing unclear to me is what does this mean ? I always thought Lycos' ragingbull.com was just a message board service that had no business or economic incentive to promote or tout any stock although it is true they have a 'Lycos 50' which is a group of stocks they do promote.Are they paid by those companies to be in the 'Lycos 50' ? Would this cause a conflict of interest in running an unbiased stock messsage board site ? <br /><br />Also Lycos RagingBull must know Mark Faulk of 'faulkingtruth' and David Patch of investigatethesec.com is on board on their penny scam 'message boards' including if not particularly on the Jag Media Holdings or 'JAGH' ragingbull.com message board fraudulently claiming to be a victim of 'naked shorting' even though we now know the SEC has cited or slapped the hand of its former CEO Gary L.Valinoti for dumping unreported shares !! <br />And it shouldn't be forgotten that 'Bob O'Brien' implicated him in an interview with WSJ's Carol Remond of being at least loosely connected with ncans.net.And the ragingbull jagh message board is where I first heard of the February 8 ad or letter re 'naked shorting and SS investments' in stocks to be placed in the Washington Post on February 8 the following day. <br /><br />This is very strange to me and I never knew Lycos Ragingbull <br />had made a deal or contract that apparently relates to promoting stocks of Lycos and Jag Media's tout clients on ragingbull.com. <br /><br />And again David Patch after aiding James Dale Davidson et.al. in his illegal pump and dump and fraudulent claim of GMXX or Genemax as a victim of 'naked shorting' in 2002-2003 has done everything but sleep on the ragingbull.com jagh message board for years.Why is that and why is Dave Patch 'Bob O'Brien' and NCANS connected and also James Dale Davidson and GMXX connected and also Jag Media Holdings connected ? Does anyone have a clue ? And why has ragingbull and Lycos not sent David Patch and his investigatethesec.com and Mark Faulk and his faulkingtruth.com packing years ago for touting obviously illegal pump and dump scams on Lycos' RagingBull as victims of 'naked short selling' ? Does anybody know ? <br /><br /><br /><br /><a class="jive-link-external" href="http://64.233.187.104/search?q=cache:YKkaVX0MT1UJ:contracts.onecle.com/jag/lycos.lic.2002.02.14.shtml+ragingbull+lycos+massachusetts+jag+media&#38;hl=en" target="_newWindow">http://64.233.187.104/search?q=cache:YKkaVX0MT1UJ:contracts.onecle.com/jag/lycos.lic.2002.02.14.shtml+ragingbull+lycos+massachusetts+jag+media&#38;hl=en</a> <br /><br /><br /><br />Sample Business Contracts <br />Home: Sample Business Contracts: <br /><br />CONTENT AGREEMENT <br /><br />This Agreement, dated as of February 14, 2002 (the "Effective Date"), <br />is made by and between Lycos, Inc., a Virginia corporation with a principal <br />place of business at 400-2 Totten Pond Road, Waltham, MA 02451 ("Lycos"), and <br />JAG Company Voice LLC, a Delaware limited liability company with a principal <br />place of business located at 6865 S.W. 18th Street, Suite B13, Boca Raton, FL <br />33433 ("Company"). <br /><br />Recitals <br /><br /><br />WHEREAS Lycos and its wholly owned subsidiaries are the owners or licensees of <br />certain Web services (collectively, the "Lycos Services"), which are accessible <br />through numerous URLs, including <a class="jive-link-external" href="http://www.lycos.com" target="_newWindow">http://www.lycos.com</a> (the "Lycos Site") (all sites <br />owned or controlled by Lycos or its wholly owned subsidiaries during the Term <br />geared towards users in the United States are collectively referred to as the <br />"Lycos Network"); and <br /><br />WHEREAS Company operates a service (the "Video Service") through which Company <br />produces, edits and distributes for its clients (which are primarily publicly <br />traded companies) videos about such companies and their products and services <br />(each a "Video"); <br /><br />WHEREAS Company intends to market to its clients a package of four (4) videos <br />for each client ("Video Package"); <br /><br />WHEREAS, all the Videos and Video Packages provided by Company to Lycos pursuant <br />to this Agreement shall be referred to herein as the "Content"; and <br /><br />WHEREAS Lycos and Company want to offer the Lycos Network users the opportunity <br />to view the Content. <br /><br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency <br />of which are hereby acknowledged, Lycos and Company hereby agree as follows: <br /><br /><br />Terms <br /><br />1. Content. <br /><br />1.1 Provision of Content. At least two weeks prior to the Launch Date <br />(as defined in Section 1.3), Company shall make accessible to Lycos through a <br />unique script link all the Videos produced by Company prior to the Launch Date. <br />In the event that Company produces additional Videos after the Launch Date, <br />Company shall promptly make accessible to Lycos such additional Videos via the <br />method described above. Company shall provide Lycos with a contact at Company <br />who shall be available twenty-four hours a day, seven days a week, to assist <br />Lycos with issues relating to the Content. Company agrees that the Content, <br />viewed as a whole, shall be competitive with substantially similar Content then <br />being offered by third parties. Company agrees that it provides to users the <br />Content in its own name and on its own behalf and that Company assumes any and <br />all liabilities that may arise from the Content. Without Lycos' prior approval, <br />Company shall not (i) sell or place advertisements or sponsorships in the <br />Content for any entity or person; (ii) sell any merchandise or other items <br />through the Content; or (iii) promote or conduct a contest, game or sweepstakes <br />through the Content. <br /><br />1.2 Availability of Content on the Lycos Network. As further described <br />herein, Lycos shall be responsible for making the Content available on the Lycos <br />Network through its media player product (the "Media Player"). Lycos shall place <br />graphic links to the Content on the message boards located on <br />ragingbull.lycos.com ("Raging Bull") which is part of finance.lycos.com ("Lycos <br />Finance") for companies regarding which Company has provided Lycos with a Video. <br />The size and placement of such links shall be at Lycos' sole discretion and <br />initially shall be as shown in Exhibit 1.2. In addition, in Lycos' sole <br />discretion, Lycos shall promote and may place additional links to the Content <br />throughout Lycos Finance. In Lycos' sole discretion, Lycos may use portions of <br />the Content to create "teasers" to promote the Content or to be displayed <br />throughout the Lycos Network (to the extent Company's clients permit such use of <br />their Videos). Lycos shall retain all revenue generated by pages on the Lycos <br />Network on which teasers are displayed. <br /><br />1.3 Launch Date. For purposes of this Agreement, the "Launch Date" <br />shall refer to the date on which Lycos begins to display the Content on the <br />Lycos Network (as defined in Section 2 below). The Launch Date shall be <br />determined by Lycos in its sole discretion. <br /><br /><br />2. Revenue and Fees. <br /><br /><br />2.1 Advertising. Lycos shall have the exclusive right to sell <br />advertising on the Media Player and Lycos shall have the right to retain all <br />revenue generated therefrom. <br /><br />2.2 Placement Fee. For each Video Package provided by Company to Lycos, <br />Company shall pay Lycos the greater of (a) $3,000.00 or (b) ten percent (10%) of <br />the revenue received by Company for creating such Video Package. For each Video <br />Package, Company shall pay such fee to Lycos at such time as Company provides <br />the first Video in such Video Package to Lycos. <br /><br />3. Lycos Video. At no additional cost to Lycos, Company shall create a Video for <br />Lycos. The parties shall mutually agree on the production schedule for such <br />Lycos Video. <br /><br />4. Exclusivity. During the Term of this Agreement, Company shall not provide any <br />of the Content in any form or manner nor grant any license to the Content to <br />America Online, Inc., Yahoo! Inc., or Microsoft Corporation. <br /><br />5. Licenses. Company hereby grants to Lycos a non-exclusive, non-transferable <br />(except as provided herein), royalty-free, worldwide license to use, publicly <br />display, publicly perform, transmit, distribute and reproduce the Content on the <br />Lycos Network and on Other Technology (to the extent Company's clients permit <br />such use of their Viedos) during the Term (as defined in Section 10 below) <br />solely for the purposes described herein so that Lycos may exercise its rights <br />and perform its obligations hereunder. With respect to any music contained in <br />the Content, prior to such use, Company shall secure, at its sole cost and <br />expense, and pay for, all performing, duplication and/or recording rights <br />licenses, if any, necessary for <br /><br /><br /><br />1 <br /><br /><br />the use of such music in the method and manner herein contemplated, and shall <br />deliver to Lycos copies of all such licenses along with accurate music cue <br />sheets for all such music. Subject to the terms and conditions of this <br />Agreement, including Section 8.2 requiring prior written approval for any use, <br />Lycos hereby grants Company the right to reproduce and display the Lycos logo, <br />the Lycos Finance logo and the Raging Bull logo solely for the purposes <br />described herein and in accordance with Lycos' established trademark usage <br />policies and procedures. In addition, subject to the terms and conditions of <br />this Agreement, Company hereby grants Lycos, the right to reproduce and display <br />its logos, trademarks, trade names and other similar identifying material solely <br />for the purposes described herein and in accordance with its established <br />trademark usage policies and procedures. In connection with the licenses granted <br />hereunder, each party shall have the unilateral right to establish such quality <br />standards and additional terms and conditions concerning the use of its <br />trademarks as such party deems necessary to reasonably protect its trademarks. <br />Such licenses shall terminate automatically upon the effective date of <br />expiration or termination of this Agreement. For purposes of this Agreement, <br />"Other Technology" shall mean technology used in connection with the provision <br />of content to third parties by any technological means, whether currently <br />existing or developed in the future, including but not limited to internet <br />protocol and wireless application protocol, and to any electronic device capable <br />of receiving such information such as computers, cellular phones, beepers, <br />hand-held devices and web television, and on any subdirectories or subdomains of <br />such sites. <br /><br /><br />6. Representations and Warranties. <br /><br /><br />6.1 Corporate Power. Each party represents and warrants that such party <br />is duly organized and validly existing under the laws of the state of its <br />incorporation and has full corporate power and authority to enter into this <br />Agreement and to carry out the provisions hereof. <br /><br />6.2 Due Authorization. Each party represents and warrants that such <br />party is duly authorized to execute and deliver this Agreement and to perform <br />its obligations hereunder. <br /><br />6.3 Binding Agreement. Each party represents and warrants that (i) this <br />Agreement is a legal and valid obligation binding upon it and enforceable with <br />its terms, and (ii) the execution, delivery and performance of this Agreement <br />does not conflict with any agreement, instrument or understanding, oral or <br />written, to which it is a party or by which it may be bound, nor violate any law <br />or regulation of any court, governmental body or administrative or other agency <br />having jurisdiction over it. <br /><br />6.4 Intellectual Property Rights. Company represents and warrants that <br />(i) it has the full and exclusive right to grant Lycos the licenses granted <br />herein and to grant or otherwise permit Lycos to use Company's intellectual <br />property, including, without limitation, its trademarks, service marks and <br />logos, as necessary for Lycos to perform its obligations and exercise its rights <br />under this Agreement, and Company is aware of no claims by any third parties <br />adverse to any of such intellectual property rights; (ii) the Content does not, <br />and will not, violate or infringe upon the patent, copyright, literary, privacy, <br />publicity, trademark, service mark or any other personal or property right of <br />any person, nor will same violate any legal rights of any person or entity; and <br />(iii) it has obtained, and paid for if necessary, all licenses, consents and <br />approvals relating to all Content provided by a third party that are necessary <br />for Lycos to perform its obligations and exercise its rights under this <br />Agreement, and that it is responsible for obtaining, and paying, if necessary, <br />for any such licenses, consents and approvals during the Term. Each party will, <br />at its own expense, obtain and maintain any and all governmental authorizations, <br />licenses, registrations and filings that may be required under any applicable <br />laws to execute or perform this Agreement. <br /><br /><br />The representations and warranties and covenants in this Section 6 are <br />continuous in nature and shall be deemed to have been given by each party at <br />execution of this Agreement and at each stage of performance hereunder. <br /><br />6.5 DISCLAIMER. EXCEPT FOR THE FOREGOING REPRESENTATIONS AND <br />WARRANTIES, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, <br />EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, <br />IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON- <br />INFRINGEMENT, TITLE OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS <br />AND WARRANTIES CONTAINED HEREIN. LYCOS WILL BE FREE FROM ANY LIABILITY FOR <br />DAMAGES AND LOSSES OF ANY NATURE ARISING FROM OR RELATED TO THE LACK OF <br />AVAILABILITY OR CONTINUITY OF THE LINKS TO THE CONTENT. <br /><br />7. Indemnification; Insurance. <br /><br />7.1 Indemnification. Each party agrees to indemnify and hold harmless <br />the other party and the other party's officers, directors, shareholders, <br />employees, accountants, attorneys, agents, affiliates, subsidiaries, successors <br />and assigns from and against any and all third party claims, damages, <br />liabilities, costs and expenses, including reasonable legal fees and expenses, <br />arising out of or related to any breach of any warranty, representation, <br />covenant or agreement made by the indemnifying party in this Agreement. In <br />addition, Company will defend, indemnify and hold harmless Lycos and its <br />officers, directors, shareholders, employees, accountants, attorneys, agents, <br />affiliates, subsidiaries, successors and assigns from and against any and all <br />third party claims, damages, liabilities, costs and expenses, including <br />reasonable legal fees and expenses, arising out of or related to (i) the <br />development, operation or maintenance of the Video Service and the Content; and <br />(ii) the use or misuse of, or reliance on, the Content by any user. The <br />foregoing indemnity is conditioned upon (i) prompt written notice by the <br />indemnified party to the indemnifying party of any claim, action or demand for <br />which indemnity is claimed; (ii) the opportunity for complete control of the <br />defense and settlement thereof by the indemnifying party; and (iii) such <br />reasonable cooperation by the indemnified party in the defense as the <br />indemnifying party may request. <br /><br />7.2 Settlement. Neither party shall, without the prior written consent <br />of the other party, settle, compromise or consent to the entry of any judgment <br />with respect to any pending or threatened claim unless the settlement, <br />compromise or consent provides for and includes an express, unconditional <br />release of all claims, damages, liabilities, costs and expenses, <br /><br /><br />2 <br /><br /><br />including reasonable legal fees and expenses, against the indemnified party. <br /><br />7.3 Insurance. For the length of the Term, Company shall cause Lycos to <br />be included as an "additional insured" on all of Company's relevant insurance <br />policies that provide coverage of any kind relating to or regarding the services <br />or content provided by or the goods and products sold by Company in accordance <br />with the terms of this Agreement. A copy of said policy and endorsement shall be <br />provided to Lycos on the Effective Date. <br /><br /><br />8. Press Releases and Offline Promotion. <br /><br />8.1 Press Releases. No public statements concerning the existence or <br />terms of this Agreement will be made or released to any medium except with the <br />prior approval of both parties (which approval shall not be unreasonably <br />withheld or delayed) or as required by law. <br /><br />8.2 Offline Promotion. In all of Company's promotion for the Video <br />Service (collectively, the "Advertising Materials") and subject to Lycos' prior <br />written approval, Company shall include a reference to the Lycos Site, Lycos <br />Finance and/or Raging Bull (the "Reference"). All References shall be at least <br />the same size and prominence of any similar statements or promotions for other <br />third parties mentioned or promoted in such Advertising Materials, and shall be <br />subject to Lycos prior approval. If Lycos objects to any Advertising Material <br />including the Reference, even if Lycos had the prior opportunity to review such <br />Advertising Material, Company shall use best efforts to remove the Reference <br />from such Advertising Material or modify the placement of the Reference to <br />Lycos' satisfaction. <br /><br />9. Confidentiality. During the Term of this Agreement and thereafter, each party <br />will use and reproduce the other party's Confidential Information only for <br />purposes of this Agreement and only to the extent necessary for such purpose and <br />will restrict disclosure of the other party's Confidential Information to its <br />employees, consultants or independent contractors with a need to know and will <br />not disclose the other party's Confidential Information to any third party <br />without the prior written approval of the other party. Notwithstanding the <br />foregoing, it will not be a breach of this Agreement for either party to <br />disclose Confidential Information of the other party if required to do so under <br />law or in a judicial or other governmental investigation or proceeding, provided <br />the other party has been given prior notice and the disclosing party has sought <br />all available safeguards against widespread dissemination prior to such <br />disclosure. As used in this Agreement, the term "Confidential Information" <br />refers to: (i) the terms and conditions of this Agreement; (ii) each party's <br />trade secrets, business plans, strategies, methods and/or practices; and (iii) <br />any other information relating to either party or its business that is not <br />generally known to the public, including but not limited to information about <br />either party's personnel, products, customers, marketing strategies, services or <br />future business plans. Notwithstanding the foregoing, Confidential Information <br />specifically excludes (A) information that is now in the public domain or <br />subsequently enters the public domain by publication or otherwise through no <br />action or fault of the other party; (B) information that is known to either <br />party without restriction, prior to receipt from the other party under this <br />Agreement, from its own independent sources as evidenced by such party's <br />written records, and which was not acquired, directly or indirectly, from the <br />other party; (C) information that either party receives from any third party <br />reasonably known by such receiving party to have a legal right to transmit such <br />information, and not under any obligation to keep such information confidential; <br />and (D) information independently developed by either party's employees or <br />agents provided that either party can show that those same employees or agents <br />had no access to the Confidential Information received hereunder. <br /><br />10. User Information. Any and all information to be provided by or gathered from <br />users of the Lycos Network shall be owned solely by Lycos. It is expressly <br />understood that to the extent that Lycos provides Company with access to its <br />user information database(s), all such access shall be solely so that Company <br />may perform its obligations under this Agreement and for no other purpose, and <br />all such access shall require Lycos' express approval. <br /><br /><br />11. Term. The term ("Term") of this Agreement shall commence on the Effective <br />Date and continue for two (2) years from the Launch Date unless terminated <br />earlier as provided below. <br /><br />12. Termination. Either party may terminate this Agreement (a) if the other <br />party files a petition for bankruptcy, becomes insolvent, or makes an assignment <br />for the benefit of its creditors, or a receiver is appointed for the other party <br />or its business; (b) upon the occurrence of a material breach of a material <br />provision by the other party if such breach is not cured within thirty (30) days <br />after written notice is received by the breaching party identifying the matter <br />constituting the material breach; or (c) by mutual consent of the parties. Lycos <br />may terminate this Agreement for any or no reason on thirty (30) days written <br />notice, and Company may terminate this Agreement for any or no reason on sixty <br />(60) days written notice. In the event that this Agreement is terminated <br />pursuant to the prior sentence, Company shall immediately pay to Lycos any <br />placement fees due and payable pursuant to Section 2.2 hereof which are unpaid <br />as of the effective date of such termination. Lycos may terminate this Agreement <br />or suspend its performance under this Agreement, which termination or suspension <br />shall take immediate effect, if the Content violates or fails to comply with any <br />applicable law or regulation, or violates the rights of any third party. In <br />addition, if Company fails to pay to Lycos any amount due Lycos under this <br />Agreement when such amount is due, Lycos may terminate this Agreement <br />immediately upon the sending of written notice in accordance with Section 18. <br /><br />13. Relationship of Parties. Company and Lycos are independent contractors under <br />this Agreement, and nothing herein will be construed to create a partnership, <br />joint venture or agency relationship between them. Neither party has authority <br />to enter into agreements of any kind on behalf of the other. <br /><br />14. Choice of Law and Forum. This Agreement, its interpretation, performance or <br />any breach thereof, will be construed in accordance with, governed by, and all <br />questions with respect thereto will be determined by, the laws of the <br />Commonwealth of Massachusetts applicable to contracts entered into and wholly to <br />be performed within said state. Each party hereby consents to the personal <br />jurisdiction of the Commonwealth of Massachusetts, acknowledges that venue is <br />proper in any state or Federal court in the Commonwealth of <br /><br /><br />3 <br /><br /><br />Massachusetts, agrees that any action arising out of or related to this <br />Agreement must be brought exclusively in a state or Federal court in the <br />Commonwealth of Massachusetts, and waives any objection it has or may have in <br />the future with respect to any of the foregoing. <br /><br />15. Entire Agreement. This Agreement constitutes the entire understanding of the <br />parties hereto with respect to the transactions and matters contemplated hereby, <br />supersedes all previous agreements between the parties concerning the subject <br />matter, and cannot be amended except by a writing signed by authorized <br />representatives of both parties. No party hereto has relied on any statement, <br />representation or promise of any other party or with any other officer, agent, <br />employee or attorney for the other party in executing this Agreement except as <br />expressly stated herein. <br /><br />16. Counterparts and Facsimile Signatures. This Agreement may be executed in <br />multiple counterparts, each of which shall be deemed to be an original, but all <br />of which together shall constitute one and the same instrument. Facsimile <br />signatures will be considered original signatures. <br /><br />17. Limitations of Liability. EXCEPT FOR BREACHES OF SECTION 9 OR 20 HEREOF, OR <br />AMOUNTS PAYABLE PURSUANT TO SECTION 7 HEREOF, TO THE EXTENT PERMITTED BY <br />APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER <br />PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES <br />(EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), <br />ARISING FROM PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF <br />THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT <br />NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT <br />FOR BREACHES OF SECTION 9 OR 20 HEREOF OR AMOUNTS PAYABLE PURSUANT TO SECTION 7 <br />HEREOF, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER <br />PARTY BE LIABLE FOR DAMAGES IN EXCESS OF THE VALUE RECEIVED OR TO BE RECEIVED BY <br />SUCH PARTY UNDER THIS AGREEMENT. <br /><br />18. Notices. All notice required to be given under this Agreement must be given <br />in writing and delivered either in hand, by certified mail, return receipt <br />requested, postage prepaid, or by Federal Express or other recognized overnight <br />delivery service, all delivery charges pre-paid, and addressed: <br /><br /><br />If to Lycos: Lycos, Inc. <br />400-2 Totten Pond Road <br />Waltham, MA 02451 <br />Attention: General Counsel <br />Fax No.: (781) 370-3433 <br /><br /><br />If to Company: JAG Company Voice LLC <br />6865 S.W. 18th Street, Suite B13 <br />Boca Raton, FL 33433 <br />Attention: Executive Vice President <br />Fax No.: (561) 393-6018 <br /><br />All notices hereunder shall be deemed to be given or made when received (or upon <br />refusal of delivery). <br /><br />19. Survival. All terms of this Agreement, which by their nature extend beyond <br />its termination, remain in effect until fulfilled and apply to respective <br />successors and assigns. <br /><br />20. Non-Solicitation and Other Restrictions. During the Term, and for a period <br />of twelve (12) months thereafter, Company shall not, directly or indirectly, <br />hire, solicit, seek to employ, engage, or retain as an officer, employee, <br />consultant, or otherwise, any Lycos officer, employee or consultant of Lycos (a <br />"Lycos Employee") or any such person who in the preceding twelve (12) months had <br />been a Lycos Employee. <br /><br />21. Severability. Each provision of this Agreement shall be severable from every <br />other provision of this Agreement for the purpose of determining the legal <br />enforceability of any specific provision. <br /><br />22. Assignment, Binding Effect. Neither Lycos nor Company may assign this <br />Agreement or any of its rights or delegate any of its duties under this <br />Agreement without the prior written consent of the other. Notwithstanding the <br />foregoing, Lycos may assign this Agreement to any successor of Lycos or any <br />parent, affiliate, subsidiary, or other entity which is controlled by, controls <br />or is under common control with Lycos, and Company may assign this Agreement to <br />any successor of Company or any parent, affiliate, subsidiary, or other entity <br />which is controlled by, controls or is under common control with Company as long <br />as such entity is not a competitor of Lycos or any entity affiliated with Lycos. <br /><br />Executed as an instrument under seal as of the date first written above: <br /><br />JAG COMPANY VOICE LLC <br /><br />By: /S/ Stephen J. Schoepfer <br />----------------------------------------- <br /><br />Name: Stephen J. Schoepfer <br /><br />Title: President &#38; Chief Operating Officer <br /><br /><br />LYCOS, INC. <br /><br />By: /S/ Brian D. Lucy <br />----------------------------------------- <br />Name: Brian D. Lucy <br /><br />Title: CFO <br /><br /><br /><br />4 <br /><br /><br />EXHIBIT 1.2 <br /><br />[Exhibit 1.2 of executed copy contains two (2) screen shots of initial Company <br />Voice placement on Lycos Finance] <br /><br /><br /><br /><br /><br /><br /><br /><br />----- Original Message ----- <br />From: "support_finance_web_ls@support.lycos.com " &lt;support_finance_web_ls@support.lycos.com&gt; <br />To: "william knowles" &lt;endoscam@lycos.com&gt; <br />Subject: Re: : Report a Bug (KMM26243990V37022L0KM) <br />Date: Tue, 15 Nov 2005 10:33:14 -0500 <br /><br />&gt; <br />&gt; Hello, <br />&gt; <br />&gt; Your account(s) have been deactivated for being in violation of Raging <br />&gt; Bull's Terms of Service. Multiple alias are in violation of Raging <br />&gt; Bull's Terms of Service. <br />&gt; <br />&gt; You may view the Terms of Service at the link below: <br />&gt; <a class="jive-link-external" href="http://www.lycos.com/lycosinc/legal.html#Quote" target="_newWindow">http://www.lycos.com/lycosinc/legal.html#Quote</a> <br />&gt; <br />&gt; <br />&gt; Thanks for your support of Raging Bull. <br />&gt; <br />&gt; Regards, <br />&gt; Raging Bull Team, part of the Lycos Network<br /><br /><br /><br /><br /><br /><br /><br /><br />U.S. SECURITIES AND EXCHANGE COMMISSION<br />Litigation Release No. 19407 / September 29, 2005<br />Securities and Exchange Commission v. Gary L. Valinoti, Civil Action No. 1:05CV01922 (D.D.C.) (JR)<br />SEC Sues Former CEO and President of Jag Media Holdings, Inc. for Making Unregistered Sales and Transfers of Securities<br />On September 29, 2005, the Commission filed a civil injunctive action in the United States District Court for the District of Columbia against Gary L. Valinoti, the former CEO, president and chairman of the board of directors of Jag Media Holdings, Inc. ("Jag Media"), for making unregistered sales and transfers of securities of the company in violation of Section 5 of the Securities Act of 1933 ("Securities Act"). <br /><br />The Commission's complaint alleges that a privately-held company, of which Valinoti was an officer, reverse merged with a publicly-traded shell company in March 1999 to become JagNotes.com (subsequently renamed Jag Media). The complaint further alleges that an officer of the publicly-traded shell company arranged for 250,000 shares of the shell company to be sold to Valinoti in connection with the merger. According to the complaint, the sale of 250,000 shares to Valinoti was not registered with the Commission, as required under Section 5 of the Securities Act. <br /><br />The Commission's complaint further alleges that Valinoti improperly realized $1.83 million by selling 130,000 of his 250,000 shares on the Nasdaq over-the-counter bulletin board ("OTCBB") between March and April 1999. The complaint also alleges that, between April and June 1999, Valinoti: (i) transferred 112,000 of his 250,000 shares as consideration for an ownership interest in another company; and (ii) transferred an additional 6000 shares to a public relations firm as compensation for services rendered to JagNotes.com. The sales and transfers for value, the complaint alleges, were not registered with the Commission, as required under Section 5 of the Securities Act. According to the complaint, within one year of having received the 118,000 shares from Valinoti, the transferees subsequently sold them on the OTCBB for approximately $1.1 million.
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