Readers Note: The statement below (in this left column) was written by the men of TASK FORCE SABER 7 and is reprinted exactly as it was written to us.

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Rated R for Strong Language Content - Please, Not suitable for Under 17

IMPORTANT NOTE:  If a column or statement is signed at the bottom by one of the guys (their name in italics) or by "TASK FORCE SABER/7" it is their actual words, and the statement is written by them and posted verbatim.  Otherwise the text is written by SuperPatriots.US and developed by our design and research team.  It is important to note that while bloggers hide behind initials, phony names, and anonymous "handles," as do chat room/post-board "contributors" these men are not afraid to sign their statements.  Floggin recently, in "part 31" claimed this site was hiding behind a mask-  Excuse us?  Jack, Brent, Ed, Zorro, and Ezmerai, the collective group is SIGNING their statements with their real names, not phony initials (i.e.: SOJ), and are posting their addresses and their phone numbers, their lawyers addresses, and their photos.  This is hiding?  You've got to be kidding-  that is rich, wonder what a jury will think?

A Personal Message From the Men of TASK FORCE SABER 7:

Fourth Release
This Page is being updated frequently. We are also waiting for Dari Translations and Upload.
All Links should now be working..
 

Copyright Response to Flogging the Simian, Part 31: Floggin the Simian, in a recent posting calls us hypocritical for using their "copyrighted image" on our website.  First, they do not know the law.  Their image is clipart, they have no copyright protection.  Second, it was published as part of their "news reporting."  So it is now in the public domain.  Third, They are in Romania, not a signatory to the Berne Convention, no protection.  Fourth, it is posted on a free weblog and the web provider has asserted no copyright interest.  Fifth, we used their "logo" in a composite, designed by us, to tell a story about them.  That is called fair use under the copyright law.  We did not use it to sell our product, to promote our site, or for financial gain.  Therefore, it is fair use, and completely legal. Sixth, since Floggin has now falsely accused us of copyright infringement, technically they are liable to us and not just Jack.  Seventh, a note specifically directed to the Floggin Frauds- Read the law children.  As to our readers; you can follow that link to read the legal footnote on Law, and Facts. Click on the Footnote's heading to return here.

Why did we decide to put up a website? 

Well, to be quite frank, Flogging the Simian and the journalists that have lied in their stories have forced us to do this.  We never intended to do any of this, nor did we ever plan on it, nor want to do it.  We have been forced to do this.  If we die here we want a permanent record of who lied, why they did it, and what the real truth is.  We saved hundreds of American soldiers' lives, and the lives of high-ranking Afghan officials, but the press ignores that and calls us scum based on the lies of known terrorists.  We have turned down interviews from more then twenty journalists, more than a dozen press agencies, and half a dozen photographers over the last seven months.  We have been offered hundreds of thousands of dollars for on camera interviews, and not once have we ever agreed.  Many people quote us in their stories.  Many journalists write as though they spent a week talking to Jack.  All of them lie.  In nine months, Jack has given interviews only to Maxim and Rolling Stone.  Jack has spoken directly to only five journalists: Carlotta Gall (NY Times- twice, each time less than ten minutes), Stephen Graham (AP - off the record- once for ten minutes, then Jack threw him out of the prison), Victoria Burnett (Financial Times - once, last August, and for only forty minutes), Paul Haven (AP - once, last August, with Burnett), and just recently, Greg Barnes, in Fayetteville, and only because Jack's wife had been illegally arrested without a warrant, in her pajamas, and their dogs threatened with death by some rather insane Federal Agents, who are about to be sued.  Jack also did a one-time radio interview with Chris Chaos in Fayetteville North Carolina, solely because of what the FBI did to his wife.  Anyone else that says they interviewed Jack, or talked to Jack, or received information from Jack, is quite frankly, a liar.  Of course one journalist does have total access to Jack and all of us, and that is Ed Caraballo who is about as embedded as you can possibly get after counter-terror missions, shoot-outs (when al-Qaida machine-gunned one of our cars- missing Caraballo's head by inches), and now nine months of living with al-Qaida.  Well, Ed wanted to make a film about the War on Terror, and he is certainly getting the inside view.

As to this prime reason for this SuperPatriots' website-- it is because a site, Flogging the Simian (Simeon, whatever), has spent the greater part of their life and time, in an effort to destroy us and promote a series of complete and utter lies, fabrications, and vitriolic accusations.  The owners of that site, who remain anonymous, nameless, and faceless, hide behind slander, defamation, lies, and fabrications.  They choose not only to slander us, but to slander American allies, like the Northern Alliance, without whom thousands of American soldiers would have died during the liberation of Afghanistan.  This "Floggin" website is quite interesting.

Exactly what the heck does "Flogging the Simian" mean anyway?  Whipping a lizard?  Beating a snake?  Masturbating?We don't know, but we do know this; the only thing being flogged on that site is the truth. 

Many of our friends, and family members, reached out to that website in the hopes that it would help us.  This was never the Floggin Frauds' goal.  But the Floggin folks did a good job in defrauding people into believing that they were fair, impartial, and in a "quest for the truth."  There are several things in common between the "Floggin site" and several journalists (Mariah Blake - Columbia Journalism Review; Tod Robberson - Dallas Morning News; Stacy Sullivan - New York Magazine, etc);

1. They all lie.

2. They all quote un-named sources who refuse to be identified for fear of reprisals (do you smell bullshit?).

3. They all steal copyrighted images and documents (we'll talk more about that later, and it is also addressed in the legal section of this website).

4. They all use the same self-serving sources (Ed Artis, Chris Thompson, Robin Moore, Joe Cafasso, Tracy Paul Warrington, et al.).

5. They all quote military documents that no one has ever seen, or proved existed.

6. They all claim Jack is a fraud.

7. They all claim Jack is an asshole.

Ok, Jack can be an asshole.  Get over it, he's a Green Beret.  Now lets talk about the rest (that's a disclaimer in case you didn't notice).  First, the one thing that separates the Floggin site from the rest;  the people that run it (Jack continues to assume "SOJ" is a male, so Jack can justify kicking his ass one day- in a purely legal sense of course in court- we just wanted to make that clear since Joe Cafasso is whining to everyone about being scared- besides Jack didn't actually personally say this, we're all just assuming it like Floggin assumes everything).

The Floggin Frauds make people think they are out there for the good of the world, on a quest to expose the truth, reveal the facts, and bring light where there is only dark.  The reality is that these bastards lied to, and conned our families at a time when we were being tortured and beaten daily, allowed no contact with our families and when the press was reporting (falsely and without ANY evidence we might add) that we had hung our "torture victims upside down."  Please, spare us the bullshit.  You would have seen those pictures by now, believe us.   Our families were desperate; desperate after seeing Americans hung in the streets and burned by mobs in Iraq, blown up in Afghanistan, beheaded, and butchered across the globe, desperate for news (the US Embassy was refusing to allow us any contact with our families for the first thirty days, and no phone contact ever). 

Our families and friends were desperate for help, and they turned to this anonymous, nameless webmaster, for information and help.  And it wasn't just our families.  Friends, supporters, and people who lost loved ones on 9/11, all thought, from the first few "Floggin Reports," that we were in contact with them and wanted the Floggin Frauds supported.  The Floggin Frauds collected thousands of dollars in donations from people like Lisa in New England, US Army officers and Special Forces soldiers, investment brokers at Bear/Sterns on Wall Street-- who felt the devastating impact of 9/11, and from our families (in fact, rumor has it that they made so much money that they bought a Bed & Breakfast in Romania). Then, as time went on, people started to realize that this Floggin cabal was not only intentionally publishing false statements, but was vehemently anti-American and trying to desperately discredit and destroy us through whatever means necessary.

The Floggin Frauds pulled them in like a Praying Mantis pulling in her prey.   So this website is our Machete' -- put up to strike them down.  If you want to help us then visit the contact us page and tell us everything they said, told you, conned you out of, and lied to you about.  One thing we especially need are copies of checks or payment proof of donations sent to the Floggin Frauds to establish our fraud case against them.  Also, any emails you have from them should be forwarded to copyrightviolations@superpatriots.  By getting the actual emails, we can track the electronic signatures and servers and build a matrix of who sent what to who.

We need to get them into a federal court before December 2005, so any info you can get us will be extremely helpful.

Freedom Endures,
TASK FORCE SABER/7

They Say a Picture is Worth 1000 Words.  So, we have allowed SuperPatriots.US to use some of ours, and if you want to see the actual pictures that prove we are telling the truth, and Floggin and the rest are lying, then please Don't Miss the New Floggin Page:
Just Click Here

URGENT NOTE:  Recently Floggin tried to defraud Captain Bennett's mother with emails promising pictures of her son in exchange for information.  If you have emails, letters, or faxes from Floggin, PLEASE GET THEM TO TF SABER 7's LAWYERS.  Also, PLEASE immediately forward ANY emails from Flogging to their lawyers so that they can get the digital fingerprints and routing codes which will be needed for Federal Court and Criminal Prosecution of the Floggin people.  We pass Jack and the boys' thanks on to you for this, and their grateful appreciation.  Email any Floggin Info you have to: John Tiffany - Attorney and Rick Caraballo and put in the subject line "Flogging Information Forward- Do Not Delete." If you use web-based email, then right click on those two links for the email addresses.

What some of the litigation is likely to be based on:

Wire Fraud, Mail Fraud, Racketeering:

The fact is that Flogging's theft of emails, US Mail (we already know that Jack's PO Box was accessed illegally on numerous occasions), and their theft of photos, IS wire fraud.  All of this is indictable pursuant to the following provisions of Title 18, United States Code: §1341 (Relating to Mail Fraud), §1343 (Relating to Wire Fraud).  All of this constitutes a, “pattern and practice of racketeering activity” which means that they committed at least two acts of racketeering activities, as described above, which occurred after the effective date of 18 U.S.C. §1964 and the last of which occurred within ten years after the commission of a prior act of racketeering activity.  In other words, these people are in deep trouble.  Even if they don't get indicted, they can be civilly sued for RICO [the Racketeer Influenced and Corrupt Organizations Act, as set forth in 18 U.S.C. §1962 (C) and (D), and §1964(C)], and that means that Jack can pretty much take everything they own, or ever will own.  Besides, this wouldn't be the first time Jack went after someone on RICO violations.

R.I.C.O. only requires that there are two predicate acts, separated by time, which are not isolated events. See: Sun Savings and Loan Assn. V. Dierdorff, 825 F.2d 187, 193 (9th Cir. 1987).   Even if the Flogging people claim that no enterprise existed and that their sources and associates constituting the enterprise do not function as a continuing unit, they are still in the frying pan. 

The Supreme Court does not require the existence of an associated-in-fact enterprise and that the various associates function as a continuing unit.  There is no requirement that any conspiracy start or end, or for that matter continue with the same people, and Turkette, infra, says nothing to the contrary.  Functioning as a continuing unit is not a prerequisite or even a requirement of an associated-in-fact enterprise.  See: United States v. Turkette,  452 U.S. 583, 101 S.Ct. 2527, 2529, 69 L.Ed.2d 246 (1981).

Conspiracies are often fluid, as are racketeering enterprises.  Old participants leave and new participants join.  Although various sources and co-conspirators, such as Artis, Thompson, Warrington, and others, may have left the enterprise when Flogging committed the acts alleged and new participants may have joined the “organization,”  a valid R.I.C.O. action exists.   Regardless of whether the nominal players change over the course of time, the focus of the enterprise remains the same, the theft of pictures, private correspondence, the widespread pilfering of other persons’ property for profit.  The motivation and modis operandi also remain the same; steal copyright protected images, intercept email and electronic communications, interfere with and steal US Mail, use disingenuous accusations and altered facts to impugn the integrity of the group, and thereby use the press and their website to manipulate public opinion against them,  solicit donations based on the false perception of the "inside story," and make a profit.  In the end, the enterprise, regardless of who joined or who left, based their greed filled motives on several common principles; one of which was the belief that it was cheaper to steal photos from those they believed did not have the resources or will to litigate.

In River City Markets, Inc. v. Fleming Foods West, Inc., 960 F.2d 1458, 1461-62 (9th Cir. 1992), the court recognized that two corporations, or a corporation and an individual, can form an association-in-fact enterprise.  The individuals Jack is focusing on (see the Jack's Docket portion of the site) are alleged to have participated together in mail fraud, theft, threats, wire fraud, bribery, and other acts.  In the instant case the enterprise test is met by any number of combinations—Floggin, Artis, Cafasso, Warrington, Sullivan, Blake, etc.  Any argument raised that one or more persons originally part of the enterprise will have since left the association will be unpersuasive and incorrect.  See United States v. Feldman, 853 F. 2d 648, 660 (9th 1988).

Floggin is also going to be facing all the claims that Jack listed to the right, and in his personal message; so this is really going to be a case to watch.  Here is the law on some of those things:

Conversion:

These people could be facing charges for Conversion for the theft and use of the photos, the private correspondence, the emails, and other documents which were not their property.  This will especially include Mariah Blake from Columbia Journalism Review and Stacy Sullivan from New York Magazine.

Conversion is defined as the unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to alteration of their condition or the exclusion or usurpation of the owner’s rights.  The plaintiff must only prove both ownership and the wrongful possession or conversion of the property by the defendant.  On this they are completely burned.

Of course, their actual value is a fact that will need to be proven at trial, and relevant here only because Jack and the his group allege ownership, allege value, allege that their value has been diminished by the "Floggin cabal's" wrongful acts, and allege that the "cabal" derived  profit from their conversion. 

In United States v. Bottone, the court noted that “documents often have value above and beyond that springing from their physical possession. They may embody information or ideas whose economic value depends in part or in whole upon being kept secret.” United States v. Bottone, 2nd Cir., 365 F. 2d 389, cert. Denied, 385 U.S. 974, 87 S. Ct. 514, 17 L.Ed. 2d 437 (1966).  This is the situation in this case involving Jack.  The documents Floggin and their co-conspirators converted through fraud, deceit, theft, and actual criminal acts were valuable only as long as they remained confidential, and in the possession of their owners.  Once copies were made, then distributed by Flogging and the others (and altered to change their meaning-- which is a different tort), then used to develop their website, the value of the property was so diminished, as to render them valueless.   The court has also recognized the fact that obtaining documents has often cost a plaintiff money, as is true in this case, and therefore the plaintiff has a property interest.
 

“Where information is gathered and arranged at some cost and sold as a commodity on the market, it is properly protected as property.[1]  Where ideas are formulated with labor and inventive genius, [*708] as in the case of literary works[2] or scientific researches,[3] they are protected. Where they constitute instruments of fair and effective commercial competition, those who develop them may gather their fruits under the protection of the law.”[4]

The Pearson court found, that the most distinctive feature of conversion is its measure of damages, which is the value of the goods converted.  The theory is that the “converting” defendant has in some way treated the goods as if they were his own, so that the plaintiff can properly ask the court to decree a forced sale of the property from the rightful possessor.  In this case, both, TASK FORCE SABER 7's story, and Caraballo's photos could be legally licensed through a photo agency, and these potential defendants knew this.  They could have returned them, they could have offered payment for them, or they could have refused to use them.  Defendants did none of these things, instead, they profited from them.  And they certainly should not have STOLEN them, which will bring another aspect of criminal conduct into the case.

The Pearson court also found that where the intermeddling falls short of the complete or very substantial deprivation of possessory rights in the property, the tort committed is not conversion, but the lesser wrong of trespass to chattels.  Therefore, Jack and his group could include a claim for Trespass to Chattels. 

Is Anything on Floggin True? 

Very little.  One thing that is very obvious, is that these Floggin Frauds throw out some crap and hope it sticks, or hope that someone writes in and says, "oh no, I was there," or "I knew about it, and it didn't happen that way, it happened like this..."  This is how they use their lies to dredge for information, when really, they know nothing.  They took emails and altered the words, "retyped" letters and altered the facts (notice they never printed a jpeg of the letters), and then built their own version of events, based on innuendo, lies, and assumed theories.  They were able to steal photos, emails, and letters, and then used the photos to build a web of deceit around them, defrauding people into thinking the Floggin site had access to Jack, TF SABER 7 and their story.  Nothing could be further from the truth.

In Response to this website Floggin Fraud has now continued their deception and lies by claiming that Jack "and his disciples thrive on their perceived persecution," and that Jack and the boys must be "perturbed because of the truth of my [Floggin's SOJ] site."

What a laugh.  Jack isn't perturbed, he is extremely pissed off at the theft of property, theft of personal correspondence, rewriting of emails to alter their meaning, reprinting of false statements added to stolen letters, complete fabrications, and threats against Jack's wife (even admitted to on the Floggin Site).  The reality is that Floggin is peeing in their pants over the legal action coming down the road, and the fact is, they are going to be peeing a lot more before this is over.

We fully intend to answer these lies on this web page and Jack intends to answer them in a United States Federal Court civil action against this weblog.  And, believe us when we tell you, that is coming very very soon.

There is going to be a lot more about that on these pages as the case against them develops, and certainly after it is filed and we can get access to it, but for now, we want to start addressing some of the lies that are on the Floggin weblog.

FLOGGIN's
FANTASY WORLD OF HOLLYWOOD LIES:

Here is an example of how the Floggin Frauds weave fact and fiction and spice it up with their own blend of fantasy and speculation, adding the slander of people they don't know, never met, and just want to smear them to hurt Jack and his men, and an Emmy Award Winning embedded journalist who just happened to get swept up in this.  It is interesting to note that in Floggin Fraud Part 5 they talk about Jack's fetish for movies and Hollywood based on the fact that he had several film posters up in his office.  He did- Collateral Damage, Mission Impossible, Kundun, and MIB.   It is a cheap way to decorate big empty walls, and put everyone in the right mindset to work projects that were in fact, basically impossible.  Several of the people involved in creating this site for these guys have been in that office over the years, as have hundreds of US government counter-terrorist operators and Special Forces soldiers.  The five or six posters in a 9,000 square foot facility added some lighthearted drama to a serious business where people and friends die regularly.  The other posters, misidentified as film posters, were Defense industry posters handed out at the AUSA (Association of the United States Army) show in Washington and posters from military special ops suppliers.  The same posters also adorn many military headquarters and TOCs (Tactical Operations Centers). 

And, as always, these detractors left out a critical fact-- the walls also carry more than forty plaques and awards from a dozen different countries, US Embassies, and US Special Ops Units thanking Jack and his group for past missions.  And this photo is just one of three walls covered.

Here are just two, one for the US Embassy in Haiti for actions during the coup, and another from the Kuwait Ministry of Interior for operations with the Sheik's Secret Service.  The real "fetish" and fantasy world lies inside the mind of the Floggin Fraud, and the sources we outline on our lying sources' page. 

Here are some examples:
 

1.   The Floggin Frauds named TASK FORCE SABER 7's compound "The Honeycomb Hideout."
We always wondered about this ridiculous title-- until we watched Blade III the other night.  A Wesley Snipes film about hunting vampires, filled with cool effects, bad jokes, and guess what, "the Honeycomb" hideout. (Floggin Fraud 5).

2.   The Floggin Fraud and everyone else keeps saying how 9 men were found hanging upside down in their compound.
Obviously someone has a fetish with The Punisher, which just happened to hit theaters two weeks before our "arrest."  In that film The Punisher hangs his suspect upside down and interrogates him.  This is laughable.  First, you can't find a ceiling in Kabul that won't fall down if you even hang a big light, no less a person.  Second, we doubt a person could answer any questions swinging upside down.  Third, we are quite sure they would all be dead after hanging upside down for ten days unable to swallow food or water (they would not last three days without water), and fourth, from a purely medical standpoint, hanging upside down for any extended period of time (like more than a few hours) would surely cause a variety of medical conditions from cardiac arrest to brain hemorrhages.

3.   The Floggin Fraud calls Minister Yunis Qanooni, "George Clooney," in just one more obvious attempt to smear everyone associated with Jack or supporting them.
Qanooni is a fine man, a great leader, and an honest man, who fought with Commander Massoud for many years.  He was one of the few national leaders in power that actually fought against the Taliban, instead of joining them or fleeing to another country.  Hey, Clooney is a good guy too, but the point is Floggin is making fun of Qanooni apparently because he is a stylish guy who wears western suits.  Apparently these Floggin people think all Afghans should be wearing turbans, riding camels and uneducated.  That's what we're trying to prevent-- that is how the Taliban took control in the first place, by turning the people against the west.

4.   Continuing their fetish with Hollywood, probably because the Floggin Fraud lives vicariously through fantasy movies and people like Jack who are actually out there doing something, fighting this war on terror, and trying to help keep this world safe from another 9/11, the Floggin Fraud continues to relate all sorts of wild accusations, which are in fact, just fantasy scenes in films, re-adapted by this nut-job, with Jack and Task Force Saber 7 men inserted into the scene.  None of these events ever happened.  Like the film BLADE- the Floggin site should really name their weblog production company "IMAGINARY FORCES."

5.   The Floggin Fraud talks about Jack's "shootout" with the police and how they couldn't "walk the walk" when it came to real shootout.
Trust us folks, there was no shootout.  The NDS (not the police) showed up with General Babajan, a longtime friend of Jack's, who told him the FBI just wanted to "speak with Jack."  They were not about to get in a shootout with people they thought were their allies.  If there had been a shootout, they would have easily killed everyone, and we do mean easily.  Jack and his men had enough rockets, grenades, and belt-fed machineguns, all deployed around their compound, to decimate an enemy force of at least 200+ within minutes.  Besides, there was no reason for a "shootout."  They were operating with the full knowledge and approval of the United States and the Afghan National Security Council, Afghan MOD, MOI, and Afghan Vice-President's Office, just to mention a few.

6.   The Floggin Fraud claims they are in possession of check stubs showing that Ed Caraballo was a paid employee of Jack and that he was paid to make a movie about Jack and his "freelance" terror mission.
Now, about those check stubs Floggin admits they have-- First they were stolen along with many other documents from Jack's office.  So, Floggin is in possession of stolen property.  We are fairly sure that one of Jack's first stops when he returns to North Carolina (and trust us, they will be returning) is to file criminal charges against all those involved, and yes, he dos know who did it and how they did it.  As to the veracity of those documents, Ed Caraballo was paid by the Counter-Terrorist Group to edit a relief video- the money did not come from donations, the money came from Jack personally.  He earned it, and won some of it suing assholes like the ones he is suing now or about to sue for violations of copyrights and theft of intellectual property.  So, unless Jack can be charged with defrauding himself out of a donation, not only is there nothing illegal, but in fact, it is incredibly exemplary and generous of him to spend only his OWN money on relief efforts.  Ed has done video editing for Jack, companies Jack is involved in, and for many of Jack's friends for many years- that's what Caraballo does asshole; he is a real journalist, with a real skill, and with highly sought after skill.   Ed went to Afghanistan to make a film about the War on Terror, and what we should be doing in Afghanistan, instead of in Iraq.  He went to tell the story about how the US was deserting our allies, putting the Taliban back in power, and  basically losing the War on Terror because of bureaucrats and America's lack of will to win.   Caraballo was not making a movie about Jack.  On the other hand, he probably is now, and we hope Caraballo does tell this story someday, because when the lights go on the roaches run for cover and we'd like to see that.

• Mail Fraud

• Copyright Infringement

• Contributory Copyright Infringement

• Theft, Fraud, Unfair & Deceptive Trade Practices

• Defamation, Libel, Slander (related claims)

• Civil Conspiracy

• Interference With Electronic Data

• Promogulation of Bullshit (ok, Jack made that up, but he wishes there was a law about this- the Floggin Fraud would get life).

• His lawyers are working on the rest.  Oh, that's one thing the Floggin Frauds got right, Jack has lots of lawyers.

Footnote:

Legal Notes, Law, and Facts:

For the record, no copyright violation by us here for using Flogging's graphic- the original photo is not owned by their website, it is clipart.  As to the pictures which belonged to Jack, Caraballo, Bennett, and TASK FORCE SABER 7 which Floggin has posted on their website now, and previously posted before;

1. The pictures had never been published and were not in the public domain.

2. The pictures were obtained illegally through three methods; a) US postal mail was intercepted and stolen by three different individuals, all of who will be facing criminal charges; b) email was illegally removed from a server after a password was used illegally by a third party, without authorization after having been stolen off Idema's wife's computer; c) Floggin used intentionally deceptive statements to fraudulently obtain unpublished, copyright protected photos from family members and friends, then reprinted them for commercial purposes.  Therefore, Floggin is in violation of US Copyright Laws (copyright infringement; 17 U.S.C. §§ 101, et seq.).

3. The pictures had commercial value, were represented by a photo agency, and that value was diminished by the wrongful acts of the Floggin Frauds and their co-conspirators.

To prove copyright infringement, a plaintiff must only show (1) that it owned a valid copyright and (2) the defendant copied original elements of its copyrighted work, or published the copyright protected pictures. Feist Publications, Inc. v. Rural Telephone Service Co., 111 S. Ct. 1282, 1296,  (1991).

All those individuals that assisted the Floggin Frauds are liable for contributory copyright infringement (Copyright Acts of 1909 and 1976, 17 U.S.C. §§ 101 et seq.), among other things, such as Conversion, a civil tort.   Simply put, the photos belong to Task Force Saber/7, therefore, only they have the right to make a derivative work (a picture of the pictures) or publish the pictures.  We mention this because Floggin numbered photos, and also placed their little "peace sign hand" on photos which did not belong to them (for the record, the peace sign is also clip art from the Wingdings font on any computer). Two important cases deal with derivative works.  First, the Twelve Monkey's Case, and second, The Devil's Advocate case.  In both of those films they infringed on another's copyright by using a derivative work in the film, without licensing the original work from the creator.  As to the issue of publishing the pictures- this is a no-brainer, clear and simple infringement, and they will be liable for damages. 

On the other hand, our graphic with the "Flogging Girl" is fair use.  Why? Because the picture was "published" and therefore, we have the right to use it to tell a story about their violation of a copyright.  Basically, Floggin's diatribe about the SuperPatriots' website being hypocritical and violating their copyright (which does not even exist) is nothing more than continued bullshit, lies, and smoke screens-- Get a lawyer Floggin, because we have one, and Jack has lots.

Why are we not talking about events prior to July 5?  And why is TASK FORCE SABER 7 not talking to anyone about it?

Jack Idema and Brent Bennett have a Right to Privacy under North Carolina law, which does recognize a Constitutional and Common Law right to privacy which all citizens of this country are entitled to.  Caraballo may also have similar rights under NY law.

Three important cases that stand for the proposition that works of pure fiction are protected by the First Amendment, even though such works may violate a person's right of privacy or right of publicity.  One main case in point regarding this issue is Mathews v. Wozencraft, 15 F. 3d 432 (5th Cir. 1994).  There, a Texas Court dismissed the plaintiff's claim; “[b]ecause all of the events were a part of the public domain….” [emphasis added] Id. at 440-41.  Here, few of the facts and circumstances surrounding what actually happened prior to the July 5th capture of Jack and TASK FORCE SABER 7 are in the public domain.  Therefore they are protected, as were the unpublished pictures which Flogging the Simian and others stole.  To prevent people like Flogging the Simian, Stacy Sullivan, Mariah Blake, and Tod Robbeson from having any legal basis to sell books or stories based on those highly confidential events which occurred prior to July 5, 2004, we have been asked not to print any of those details.  This is especially important because the potential defendants listed on this page, and on Jack's Docket page, could not have obtained many of the details of the story had they not stolen TASK FORCE SABER 7's materials, illegally received their copyright protected materials, or illegally converted their personal property and confidential correspondence.

Jack's Docket gives you an inside look at what's coming down against Flogging the Simian and a bunch of others.