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Re: Message for Mark Gilmore and all loyal Atmosphere owners

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Date: Thu, 13 Jul 2000 10:16:04 +0100
From: Harvey Rosenberg
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To: Ralph Karstin
Subject: Notice
Dear Atma-Sphere Owners:

I have over the last two years been attacked repeatedly by Harvey Rosenburg. I have tried really hard to avoid any response to him in the public arena, but recently I have been receiving email and phone calls from all over the country and all over the world asking what is going on.

I think the heart of the matter is that we refused to allow Harvey to promote himself by using us as a tool to that end. At one point, we had trouble getting a review sample returned. He had sold it on the 'net for more then we were asking him for it, and then refused to pay us for it. Ultimately we got the other amp that he *had* bought from us in exchange, so that worked OK, but it took over a year.

During that time he threatened to write nasty things about us if we didn't keep quiet. One of these comments made it into LISTENER, regarding the Philadelphia Tidoe Show. So we aquired the triodeguild.com url as a means to a forum where we could post all the communications from him, showing the world what he was up to, should he do this. He didn't, and the url has been low key as a result.

More recently, this issue resurfaced when he was kicked off of enjoythemusic.com. That was when he discovered we control the url. Boy was he mad. He wanted us to remove his review from our site, which we did for a while, not at his behest but because of Art Dudley's (who regards him as a personal friend) concerns about copyright. It had been a while since I had read the POSITIVE FEEDBACK masthead, which showed that PF actually controlled the copyright. At the same time Harvey made the claim on his web-site that his lawyers(!) forced us to remove the article. Well, he doesn't have a lawyer, and said had never contacted *us*!

We did talk to Stu McCreary, legal counsel for PF (David Robinson helped with that), who turned out to have been counselling Harvey for free. Stu told me that he had told Harvey that we were OK as far as the review was concerned and he should back off. At that time Harvey 'walked away' (his words) from the triodeguild url issue (we were going to give it to him in exchange for his never writing about Atma-Sphere or me again). It seems he prefers the freedom to attack us.

For these reasons we put the review back up. I wasn't about to make it look like Harvey's lie (about his lawyer) was real! So then we recieved this:


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Ralph,
As you insist on still using my review which you know doesn't represent
my views about your products, and are therefore manipulating potential
customers, you leave me no choice but to begin the next round of our
battle, which will be much more aggressive. It is your choice.

HGR

He sent a nasty letter about our 'copyright infringment' to TAS, where it was discounted out-of-hand. Who knows what he will try next...

Sorry to be adding fuel to *this* fire...

-Ralph


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