Persecution of NACHI-OAHI Members for use of CHI

[rwand1]

Thanks Claude,

I took a look at the links. Maybe I am missing something, but I don't see how these articles show that I am in breach of copyright. These posts on a forum could hardly be considered copy right material. These posts are not ideas or works of artistic nature. Also posts on forums seem to fall outside of the definitions of the latter site.


Also see
http://en.wikipedia.org/wiki/Intellectual_property

Did you see anything to the contrary? Maybe my eyes are dim and cannot see...

[Claude Lawrenson]

Copy right means the author is the only person who may copy his/her work, or permit someone else to do so with permission. Copying includes publishing, producing, reproducing, and performing.

Copyright in Canada is automatically acquired on creation of an original work, provide that the author was, at the time of the work was made. a Canadian citizen and/or British subject.

Nothing needs to be done to get basic protection. In addition, however, there is a voluntary registration system. Registration of copyright is advisable.

Excerpt Source: You and the Law - a Financial post/Macmillan Book

Similar Info may be found in Chapter 9 of Your Canadian Law - by Arthur B. Wlikinson

It goes on to indicate that "infringement" consists of unauthorizedly selling, importing for sale or hire, distributing, publicly exhibiting, reproducing or plagiarizing the copyrighted work of another person, or of doing anything the performance of which is exclusive right of the copyright owner.

Furthermore it indicates - the following acts do not constitute infringement:
(a) use of a copyrighted work for the purpose of private study, such as research, criticism, review or newspaper summary
(c) the reading or recitation in public by one person of any reasonable extract from any published work

Infringement entitles one to sue for damages, for an injunction and accounting of the infringer's profits.

[rwand1]

Sorry Claude, but posts of opinion are not considered original works as defined under Copyright.

Copyright consists of protection of the following:

There are four categories of works which are protected by copyright law: literary works, artistic works, dramatic works, and musical works. Copyright law protects works of many different formats, including traditional formats such as books, paintings, plays and written music. Copyright law also protects works such as computer programs, architectural works, photographs, video tapes, maps, charts, choreography, and films, multimedia and works in electronic format.

Having said that, posts demonstrating ones thoughts in releation to discussion or opinion does not grant protection to copyright.

OAHI has a history as you are well aware of stiffling information of any type it deems seditious or not to its liking. The CAFE is illustrative how some members can knowingly and without fear of reprisal to discuss and state what they wish, without any fear of being suspended. Currently there are posts on the CAFE made by the very people screaming about the rules who are flaunting the rules, and nothing is done about their actions.

So I'll take my chances with the threat of copyright infringement by OAHI in a court of law, because OAHI has demonstrated it is not capable of democratic process, nor due process, but rather bases its rules on vindictiveness, bias and vexhatious attitudes.

Under OAHI own rules of use for the CAFE, they state:
BEWARE! OAHI does not promote the Forum to non members, but, as with any on line forum, your messages are potentially accessible by the public.

Well if thats the case then OAHI can't guarantee anything and can't very well complain, because the BOD themselves are lifing material for use against members.

Thanks for the explanantion.

Cheers,

[Roy D. Cooke, Sr]

Question .if as OAHI says they own the rites to CHI and by ignoring as they say obvious use of this by me and others . Have they released there owner ship of these so called trade marks .
Example if the public uses a part of your property for a set period of time you can no longer stop them from continuing to use it like a rite of way.
I wonder why if OAHI is sure of their ownership why they do not do something about it .

Roy Cooke ... CMI.. RHI..CHI..CAHPI-ON...
NACHI is the GREATEST they give permission all the time and help all.

I wonder why OAHI must use Intimidation. Poor treatment of the members.

Claude says OAHI can sue for Damages well Roy is ready
two wins for Roy two losses for OAHI .
I wonder do they want to try again and spend another pile of the members money stupidly.

[rwand1]

Roy

I know for a fact OAHI has lifted info from this site (NACHI) and posted it on CAFE and the BOD and members and the DPPC have lifted posts from this site. I guess my copyright has been infringed on too!

OAHI should be able to provide the reciporical agreement they have with ASTT. They only say they have an agreement. If that is the case show me the agreement. Besides I am going to request that document to aid in my defence if OAHI wants to persue the matter. If they are unwilling to produce it or provide it I guess they don't have much of a case, and after all the onus is on OAHI to show cause and show proof of their allegations. Thus far they haven't provided any concrete proof, just hot air, and unfounded allegations.

Quid pro quo.

[Nick Gromicko]

I see you used the word persecuted, not prosecuted. How are NACHI members being persecuted? We have a law firm on retainer in Canada and I've been itching to get into the ring lately. Maybe this is my opening bell? No one can stop certified home inspectors like NACHI members from saying they are certified home inspectors. Can you give me more info on what you mean by "persecuted?"

[rwand1]

Nick

They are being persecuted because of their affiliation with NACHI. Take my example. I have had the DPPC file complaints against me accusing me of practicing home inspections while retired in OAHI. The problem is that I am also an member in NACHI, ASHI and CFIHI, and even OAHI cannot stop me from practicing while a member of other associations. Further I am entitled to use RHI because my name is in the Registry, and as stated in the underlying legislation PR 158.

I would also suggest the proof of intent and actions as demonstrated by Mr. Lloyd and his comments as published not once but twice in the Home Inspector Newsletter published by OAHI. Thus far I have not been prosecuted because OAHI has not substantiated all but two complaints. The 5 other complaints are based on allegations without any substantiating evidence to the contrary. Mr. Lloyd is also on record as using his office to manipulate the by-laws as they are written. That includes the ability of his committee to do condone it, and the obvious approval of the BOD of which he is Vice President as well as Chair of the DPPC and executive director on the CAHPI BOD. It also appears Mr. Lloyd through abuse of his office has demonstrated amply his bias, vexhatious actions. He has demonstrated through his posts what outcome has been decided. I cannot believe for one minute OAHI has any intention of acting with due process or to the extent of the by-laws as they are written. After all they accused me of not responding to their complaints within 10 days, even though I did reply within the time frame. They seem to have acted prematurely and with bias on that one.

Also more information has come to light about statements the Ombudsman made in a room full of members of which witnesses have come forward and stated that the Ombudsman of OAHI made a statement to the following, "Someone should pick up a gun and shoot Mr. Wand." I know I am not liked but some but OAHI certainly likes to permit threats and intimidation.

Thanks Nick for your interest.

[tflaro]

Hi Guys,
The one thing that really erks me is that instead of promoting all home inspectors and our industry, everyone is only promoting thier own. Who the hell cares what you call yourselves. As long as you can back it up. ( NACHI Member ) Certified home inspector. I think many orgonizations are just being selfish and its not right. What makes anyone better than me.
Nick I think its time to let the dogs loose on the rest.
Todd Flaro
Accurate Home Inspection

[Claude Lawrenson]

Roy as a point of clarification - I did not state that " Claude says OAHI can sue for Damages well Roy is ready". I was quoting from two reference sources. I am not in a position to decide on any "legal" matters.

Certainly I have also fallen victim to having an opinion, and OAHI felt they had the right to remove me from my position of chair of a committee. It is a real unfortunate way to treat members and volunteers. Do as we say or else, one is not entitled to freedom of speech. Sound familair? It is sort of the same way the southwestern (OAHI) members have felt in a few recent decision handed down by the board.

We have seen far too often the treatment of those that speak out or offer a different opinion.

[rwand1]

Claude

OAHI and its management has a lot to account for! Now members must go to HQ to view the financial statements, and minutes of meetings! The only problem is that people who live outside of Toronto will not be able to go and view because of travel time, traffic, and parking. Also please consider the following:

What I don't understand, is how that can possibly excuse them from "publishing" to the the members the year end audited financials. Similarly, this is the case with the Annual Meeting Minutes. You can not be forced to attend an annual meeting to review these, especially if you are to make an informed "proxy" vote...again, it defies logic!

GM does tell Ford what they're up to...it's called the Annual Report and it's available to ALL investors AND the public at large...not to mention their web site and every auto & financial commentator around!

Members have right to see what is what and not have road blocks thrown up in their paths. OAHI did not even inform the membership to my knowledge where the records could be seen. Now it comes out via the CAFE of which few members participate.

Its unfortunate Claude that you through your efforts to educate all of us have become the latest victim of the zealots within OAHI for expressing your God given rights to do so. OAHI has no intention of honouring the Charter or playing by its own by-laws. It is obvious some directors and committees feel they are above reproach.

[Roy D. Cooke, Sr]

Originally Posted by clawrenson

Roy as a point of clarification - I did not state that " Claude says OAHI can sue for Damages well Roy is ready". I was quoting from two reference sources. I am not in a position to decide on any "legal" matters.

Certainly I have also fallen victim to having an opinion, and OAHI felt they had the right to remove me from my position of chair of a committee. It is a real unfortunate way to treat members and volunteers. Do as we say or else, one is not entitled to freedom of speech. Sound familair? It is sort of the same way the southwestern (OAHI) members have felt in a few recent decision handed down by the board.

We have seen far too often the treatment of those that speak out or offer a different opinion.

I am sure we can point to many who have just given up and Moved on Like me and others who wish to see this fixed Like Claude and Raymond .
OAHI is doomed as far as I feel if they continue on with this self destruct way of treating those who have worked hard for home Inspectors every where.
I am for all homeinspectors and can only See NACHI as the association that is trying to help every one .
NACHI is not a secret society every thing is in the open .
They seldom ever remove any one and have an open attitude with all .
This is not happening with OAHI or CAHPI they remove free thinkers from the associations and from their BBs.
They continue to Prove they should not be trusted in any way .

Roy Cooke... NACHI is the one for all Home Inspectors every where

[Roy D. Cooke, Sr]

Originally Posted by tflaro

Hi Guys,
The one thing that really erks me is that instead of promoting all home inspectors and our industry, everyone is only promoting thier own. Who the hell cares what you call yourselves. As long as you can back it up. ( NACHI Member ) Certified home inspector. I think many orgonizations are just being selfish and its not right. What makes anyone better than me.
Nick I think its time to let the dogs loose on the rest.
Todd Flaro
Accurate Home Inspection

I care Big time just relax for a little bit and CAHPI will bring in their ways of doing things and you and all non CAHPI members will be left out .
Having been in this industry and on the Committees of PACHI,OAHI and NACHI I have gained much information and do know many of the directors of the associations and how they operate.

Roy Cooke A proud NACHI member
.

[Roy D. Cooke, Sr]

We are so lucky to Have the Famous Editor of The Canadian Home Inspector .
He is also an Armature Home Inspector 8 years still an associate .
He is a professional Spy and does manage to find out a lot of information on the NACHI site unfortunately he manages to be like the Pink panther and screw it up all the time .
Today he has visited the NACHI site many times here are a couple below
Thats OK he has the Directors of OAHI fooled they think he is smart .

11:14 AM I see Dave Bottoms is
Looking again
Viewing Forum
Special Discounts for NACHI Members




11:33 AM And againViewing Forum
Hardware, Software & Publications



12:54 PM And againViewing Forum
Education


Keep up the good work Dave Have a great Thanks Giving I won't be thinking of you .
Roy Cooke.. A Happy NACHI CHI......CMI.. RHI..CAHPI-ON

[Vern Mitchinson, CMI]

I believe the whole saying is
Don't go away mad, just go away!

[Nick Gromicko]

Ray, I think what you are saying is that another private association you belong to is treating you poorly, yes?

There is nothing I can do for you.

Trade associations, especially those in the U.S. who are protected by the first amendment, have a license to kill, almost. Associations are not governing bodies, even though it appears that some inspection associations in Canada like to pretend they are. Anyway, associations are not government entities, they are private parties. They have no obligation to treat you fairly. In the U.S., associations enjoy so much protection that they can even be racist. There are many associations in the U.S. that won't let me join because I am the wrong skin color (white). A private association, like the home inspection associations in Canada are not governement agencies, they are not even subject to the same laws that govern for-profit companies, and they have no duty to be nice or fair. Don't like it?... leave.

I wish I could have been more help, but this is as you stated, a case of persecution, not prosecution.

I don't understand why anyone would insist on staying at a party that didn't invite you and doesn't want you anyway. I will even go as far as saying that any member who insists on being in a private association that doesn't want them, is acting just as poorly as the association.