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Tuesday

Robert Paisola Presents a special Announcement from Haiti for Jennifer Gruber at CNN



UPDATE- HAITI - FOR OUR READERS ON OUR PUBLIC MESSAGE TO JENNIFER GRUBER:


As Many of our readers, listeners and viewers know, we at The Western Capital Foundation have invested a substantial amount of money into the infrastructure that we use at Western Capital Multimedia to ensure that you receive the most up to date news coverage possible.


Today, we received a call from one of our friends inside the CNN Operations Center in Atlanta that has confirmed that Corporate Counsel, Jennifer Gruber, for CNN has PERSONALLY SEEN OUR MESSAGE describing the discrimination memo that we posted that was directed to her as an individual and in her professional capacity as Corporate Counsel for CNN in Atlanta.


We have the exact times that she logged into our sites to read our comments about her actions, from her own people!


Fortunately, we were able to get the entire interview with the CNN Employee on tape. We will not release this now, as this may cause Gruber to stop talking, however the good news is that you will not only hear what her colleagues have to say about how she reacted and what she is planning to do, but you will be able to hear HER OWN WORDS that were recorded by this employee!


Thank you to our good friends inside CNN who understand the magnitude of this issue. Rest assured that your identity will remain forever confidential and understand we could care less what JENNIFER GRUBER does to try and cover this up, we will never stop and with you on the inside providing us the greatly needed information for our Federal Discrimination Case against CNN, you will be able to write your own ticket.  Keep sending the data... and America Thanks You!

What the hell is the value of a monetary judgment? Good luck on that one... and we will be deposing Gruber and all of the CNN people, and Citizen Journalists who were present at the party at the OMNI in Atlanta, that will tear their case to shreds...... by their own words.  


To Jennifer Gruber at CNN:


To the people at CNN.... GO TO HELL... America is sick of your games and you need to really look inside your organization to see what is going on. Remember the announcement of the I REPORT Program at the OMNI in Atlanta? We have it all on tape and I can not WAIT to have a press conference to show the world what goes on... behind the scenes at CNN. Jennifer Gruber at CNN- You will be live all over the world on FOX as soon as I return to the USA. Get the hell out of your office and help people! These are OUR RESULTS! YOU HAVE NO IDEA THE WORLDWIDE SUPPORT WE HAVE MS. GRUBER, and your recorded words will reveal you. Tammy you are ok.

Read this America:



Dear Mr. Paisola,

We received your signed copy of the Settlement Agreement. A copy is attached for your ease of reference. Also attached is a fully executed copy of the
Settlement Agreement which was signed by CNN December 16, 2008. Accordingly, the "Effective Date" as referenced in the Settlement Agreement is today.

Pursuant to the Settlement Agreement, including but not limited to paragraph 3, there are certain requirements you have agreed to meet. CNN expects your prompt and full compliance. Please note, in particular, that you shall provide written notice of your compliance with all such obligations within five (5) business days (on or before December 23, 2008). Please direct that written notice to the undersigned.

If you wish to discuss further or have any questions, let us know.

Thank you,
Tami Carmichael

Tamara Carmichael
Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
Telephone: (212) 407-4000
Direct: (212) 407-4225
Fax: (212) 202-6036
Email: tcarmichael@loeb.com

This is the settlement agreement that they so badly wanted us to sign. Read the wording carefully. You will notice that this would KILL the entire Citizen Journalism Initiative at CNN I Report if this were ever released. This is a case of David and Goliath, only this time, David was discriminated against by one of the most sophisticated news organizations in the world.


Here it is in full...


Good Morning Tamara,


This will confirm our conversation wherein we discussed the pending agreement, our acceptance to return the domains outlined in the agreement and the request that we be provided with clarification on the following:


1. That CNN I REPORT WILL continue to provide us (as defined and outlined in the document) access to the CNN I Report site, so that we can file I reports, like any other citizen, and as they permit all other members of the public to do. We would ask that our account, under the user name CNNREPORTER, immediately be restored, as this name has been used and was approved by CNN in the past.


This is an important clarification that must be added to the agreement , so that there is a clear illustration that I (We) are permitted to participate in the program as per the following stated Terms of Usage, regarding participation


" iReport.com is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using iReport.com, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and CNN.


Employees (and their immediate families and household members) of CNN are not eligible to submit material.


These TOU apply to all of iReport.com's current and future Web sites, unless otherwise provided, including but not limited to, the following sites: http:///www.ireport.com. In addition, when using particular services provided by iReport.com, you shall be subject to any additional posted Terms of Use, guidelines or rules applicable to such services. All such Terms of Use, guidelines or rules are hereby incorporated by reference into the TOU. The TOU incorporates the Terms of Use of iReport.com's Online Privacy Policy. Please see our full privacy policy at: http://www.ireport.com/privacy.jspa.


For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.


iReport.com shall have the right at any time to change or discontinue any aspect or feature of iReport.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. "


This amendment to the agreement will clearly protect the interest of all involved, as any type of "banishment" from the site would be completely discriminatory and wantonly unfair, given the historical relationship and work we have performed for free for I Report in covering events, of which you are aware.


Regards,


Robert Paisola


CEO


The Western Capital Group of Companies, www.RobertPaisola.com

Good Morning Tamara,
This will confirm our converstation wherein we discussed the pending agreement, our acceptance to return the domains outlined in the agreement and the request that we be provided with clarification on the following:
1. That CNN I REPORT WILL continue to provide us (as defined and outlined in the document) access to the CNN I Report site, so that we can file I reports, like any other citizen, and as they permit all other members of the public to do.  We would ask that our account, under the user name CNNREPORTER, immediately be restored, as this name has been used and was approved by CNN in the past.
This is an important clarification that must be added to the agreement , so that there is a clear illustration that I (We) are permitted to participate in the program as per the following stated Terms of Usage, regarding participation  
" iReport.com is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using iReport.com, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and CNN.
Employees (and their immediate families and household members) of CNN are not eligible to submit material.
These TOU apply to all of iReport.com's current and future Web sites, unless otherwise provided, including but not limited to, the following sites: http:///www.ireport.com. In addition, when using particular services provided by iReport.com, you shall be subject to any additional posted Terms of Use, guidelines or rules applicable to such services. All such Terms of Use, guidelines or rules are hereby incorporated by reference into the TOU. The TOU incorporates the Terms of Use of iReport.com's Online Privacy Policy. Please see our full privacy policy at: http://www.ireport.com/privacy.jspa.
For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
iReport.com shall have the right at any time to change or discontinue any aspect or feature of iReport.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. "
This ammendment to the agreement will clearly protect the interest of all involved, as any type of "banishment" from the site woud be completely discriminatory and wantonly unfair, given the historical relationship and work we have performed for free for I Report in covering events, of which you are aware.
Regards,
Robert Paisola
CEO
The Western Capital Group of Companies, www.RobertPaisola.com
- Show quoted text -
On Thu, Dec 4, 2008 at 8:51 AM, Tami Carmichael <tcarmichael@loeb.com> wrote:
CONFIDENTIAL - FOR SETTLEMENT PURPOSES ONLY SUBJECT TO FEDERAL RULE OF CIVIL PROCEDURE 408
Dear Mr. Paisola,
Per your voice mail request, attached is a copy of the settlement agreement in word format.  We await receipt of your comments and/or execution of the attached agreement by you and request same no later than 8:00 pm est Friday, December 12, 2008.
If you have counsel representing you in this matter, please provide us with his/her contact information in order that we may communicate directly with them instead of you.
Thank you,
Tamara Carmichael

Tamara Carmichael
Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
Telephone:  (212) 407-4000
Direct:  (212) 407-4225
Fax:  (212) 202-6036
 

Tamara Carmichael


Partner

  345 Park Avenue
 
  New York, NY10154

  www.loeb.com

Direct 212.407.4225
Main 212.407.4000
Fax 212.202.6036
tcarmichael@loeb.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. Thank you, Loeb & Loeb LLP.



--
Robert Paisola
President and Chief Executive Officer
The Western Capital Group of Companies
www.RobertPaisola.com
www.MyCollector.com

Generally, this communication is for informational purposes only and it is not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction. In the event you are receiving the offering materials attached below related to your interest in investment in Western Capital or private equity, this communication may be intended as an offer or solicitation for the purchase or sale of such fund(s). All market prices, data and other information are not warranted as to completeness or accuracy and are subject to change without notice. Any comments or statements made herein do not necessarily reflect those of Western Capital Financial Services Inc., its subsidiaries and affiliates. This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Western Capital, its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender at 1-877-517-9555 and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. Please refer to http://www.westerncapitol.com/pages/disclosures for disclosures relating to UK legal entities.


THE AGREEMENT AFTER THREATENING        DISCRIMINATION AGAINST CNN 

THIS SETTLEMENT AGREEMENT (the “Agreement”) is entered into this __ day of December, 2008 (the “Effective Date”), by and between Cable News Network, Inc., a Delaware corporation (“CNN”), Robert Paisola, individually and Robert Paisola d/b/a Trust of the Philipeans and Robert Paisola d/b/a The Western Capital Group (collectively, Robert Paisola, individually and Robert Paisola d/b/a The Domain Holding Trust of the Philipeans and Robert Paisola d/b/a/ The Western Capital Group will be referred to as “Paisola”).  CNN and Paisola may collectively be referred to as the “Parties.”  

WHEREAS, CNN owns, among others, U.S. Trademark Registration Nos. 1597839; 2378868; 2382472; 2387137; 2389307; 2392818; 2394908; 2394909; 2394910; 2394911; 2403381; 2403383l; 2903197 for CNN and CNN & Design, which have been used in commerce since as early as February 13, 1985 and U.S. Trademark Application Nos. 77436431; 77506096; 77506095; 77453235; 77453161; 77453154; 77434227; and 77433427 for IREPORT, IREPORT & Design and I REPORT & Design, which have been used in commerce since as early as August 1, 2006 (collectively, the “CNN Marks”); 

WHEREAS, Paisola, directly or indirectly, obtained the rights to and/or used the CNN Marks in connection with certain domain names, including but not limited to, CNNIREPORTER.COM, CNNIREPORTER.INFO, CNNIREPORTER.NET, CNNIREPORETER.ORG, and CNNLEGAL.COM, collectively, the “CNN domain names”); 

WHEREAS, CNN alleged that Paisola was identifying himself as a senior iReporter for CNN in Atlanta; incorrectly labeling stories as CNN reporting without CNN’s consent; and using the email address investigations@cnnlegal.com to solicit leads for unauthorized iReports;

WHEREAS, CNN alleged that Paisola’s use of the CNN Marks, or a confusingly similar mark(s), infringed upon CNN’s CNN Marks and unfairly competed with CNN; and

WHEREAS, CNN demanded, among other things, that Paisola immediately transfer all rights to the registration and/or use of the CNN domain names to CNN and that Paisola immediately cease all use of the CNN Marks and cease holding himself out to be an employee or agent of CNN; and

WHEREAS, without admitting any wrongdoing or liability, to avoid the cost of litigation and in an effort to reach an amicable resolution of the claims, differences, disputes, and potential causes of action between the Parties hereto, the Parties have reached a compromise and settlement of their claims as set forth in the Agreement.
NOW THEREFORE, in consideration of the premises and mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following terms and conditions:
  1. RecitalsThe above recitals, as well as the exhibits referred to herein and the covenants, representations, and warranties set forth below, are incorporated herein and made a part hereof.  Each of the parties acknowledges that the recitals are true and correct to the best of the respective Party’s knowledge, information, and belief, and that each is a material inducement to enter into this Agreement.
  1. Representations by the PartiesThe Parties represent and warrant that they have the authority to enter into this Agreement; that they have the authority to perform the acts set forth herein; and that this Agreement will be binding upon their respective officers, directors, agents, employees, partners, affiliates, parents, and subsidiaries.  Paisola represents that he, or an entity under his direct control or authority, currently owns each and all of the CNN domain names and that this Agreement shall further be binding upon any person or entity which he directly or indirectly controls.
  1. Stipulation as to Paisolas Future ActsExcept as otherwise provided in this Agreement, Paisola shall:
    1. within three (3) business days of the Effective Date, directly and indirectly, cease and desist use of the CNN domain names and execute and deliver to CNN all necessary assignments, forms, documents and information needed by CNN to transfer to CNN any and all rights to the domain names CNNIREPORTER.COM, CNNIREPORTER.INFO, CNNIREPORTER.NET, CNNIREPORETER.ORG, and CNNLEGAL.COM.
    1. within three (3) business days of the Effective Date, directly and indirectly, cease and desist from any future use, display, or advertising using the CNN Marks, including but not limited to CNN, iREPORT and/or iREPORTER and/or any other mark, logo, or name containing the words “CNN” or “i” and “REPORT” or “REPORTER” in combination with each other.
    1. within three (3) business days of the Effective Date, destroy or deliver to CNN, if any exist, advertising materials, displays, signs, letterhead, business cards, and flyers depicting the CNN domain names and/or the CNN Mark(s), and/or other marks, names or log(s) containing the words CNN or “i” and “REPORT” or “REPORTER” in combination with each other;
    1. by signing this Agreement, agree not to use in any manner, or to adopt or use as a corporate or trade name CNN, iREPORT and/or iREPORTER and not to adopt or use any mark, name, or domain name containing the words “CNN”, “iREPORT” or “iREPORTER” that is confusingly similar to the service mark or trade name CNN or iREPORT;
    1. agree not to use in any manner, any trademarks or service marks owned by CNN, its parent company, Turner Broadcasting System, Inc. (“Turner”), or any other company within the control of Turner, or any mark that is confusingly similar to the CNN Marks or any other marks owned by Turner;
    1. immediately and permanently cease and desist referring to himself as an “iReporter” except that Paisola may state explicitly and only that he as a “former contributor to CNN iReport” and, within three (3) business days of the Effective Date, revise all websites under his ownership or control to accurately reflect his affiliation with CNN as a “former contributor to CNN iReport”;
    1. immediately and permanently cease and desist from using any CNN press pass or other credentials to suggest that he is employed by or working on behalf of CNN;
    1. within five (5) business days of the Effective Date, notify CNN, in writing, of his compliance with his obligations set forth in this Settlement Agreement;
i. Each and all of the obligations set forth in this section shall be binding upon Paisola whether acting in individually or through any entity or other person acting at his direction or under his control. 
  1. ReleasesSubject to notice of completion by Paisola of his obligations set forth herein and his ongoing compliance therewith, CNN hereby waives, releases, and forever discharges Paisola from and against any and all claims for anything that has happened up through the execution of this Agreement that are specifically related to Paisola’s acquisition and use of the CNN domain names and/or use of the CNN Marks without CNN’s authority, however, this Release shall not apply to claims relating to any breach of this Agreement or to any claim for indemnification made against CNN related to Paisola’s actions that are unknown to CNN but brought to CNN’s attention after execution of this Agreement. 
Paisola hereby waives, releases and forever discharges CNN, including its officers, directors, agents, employees, parents, subsidiaries and affiliates from and against any and all claims arising out of or relating to Paisola’s use of the CNN domain names  and/or the CNN Marks.
  1. ConfidentialThe terms of this Agreement shall be kept strictly confidential by the parties hereto.  Notwithstanding this section, the Parties are permitted to disclose the contents of this Agreement to certain third parties, namely, their respective tax advisors, legal counsel, and/or upper management; provided said third parties maintain the confidentiality of the terms of this Agreement except as permitted herein.  Nothing in this provision shall operate to preclude any Party from providing a copy of this Agreement to (i) third parties if compelled to do so by a tribunal in any legal action or (ii) any tribunal that may be called upon to adjudicate any dispute relating and/or arising from any breach or alleged breach of any provision of this Agreement; provided the receiving Party informs the disclosing party after receiving notice of its obligations to make such disclosure, and takes reasonable steps to limit the scope of such disclosure.
  1. Successors and AssignsExcept as otherwise provided herein, the terms and conditions of this Agreement will inure to the benefit of and be binding upon the respective successors and assigns of the Parties.  Nothing in this Agreement, express or implied, is intended to confer upon any Party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.  There are no intended third party beneficiaries to this Agreement.
  1. Governing Law and JurisdictionThis Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Georgia, without reference to its rules as to conflicts of laws.  The Parties hereto irrevocably (i) submit to the jurisdiction of any Georgia state or federal court sitting in Atlanta, Georgia in any action or proceeding arising out of or relating to this Agreement; and (ii) agree that all claims with respect to such action or proceeding shall be heard and determined in such state or federal court.
  1. Titles and SubtitlesThe titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
  1. SeverabilityIf any provision of this Agreement is held to be unenforceable under applicable law, such provision will be enforced to the maximum extent possible and the remaining provisions of the Agreement will be interpreted as if the unenforceable provision or portion thereof were so excluded and will be enforceable in accordance with its terms.
  1. No WaiverNo waiver of any of the provisions of this Agreement in any one instance shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the Party making the waiver.
  1. Agents and EmployeesThis Agreement is binding upon the parties, including their respective officers, directors, employees, agents and entities in which they hold a majority interest or otherwise control.  The Parties shall give notice of its obligations to all persons necessary to implement and effectuate all terms of this Agreement.
  1. NoticesAll notices, requests, demands, or other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of the service.  All notices, requests, demands or other communications under this Agreement shall be served personally by hand delivery or delivered by overnight courier with confirmed telecopy transmission on the day such communication is deposited with such overnight courier, and properly addressed as follows:
If to CNN:     Mr. Rick D. McMurtry
Assistant General Counsel
Turner Broadcasting System, Inc.
One CNN Center
Atlanta, GA 30303
Telephone:  (404) 827-5126
Fax:  (404) 827-1994



If to Paisola:     Mr. Robert Paisola



Telephone:    
Fax:  (408) 889-2415



The Parties may change their respective foregoing addresses for purposes of this section by giving the other Party written notice of the new address in accordance with the procedures set forth above.
  1. ConstructionThe Parties acknowledge that each has been advised by counsel during the course of negotiations of this Agreement and, therefore, this Agreement and any other documents related hereto shall be interpreted without regard to any presumption or rule requiring construction against the Party causing this Agreement to be drafted.
  1. Counterpart ExecutionThis Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement.
  1. Binding AgreementThis Agreement shall be binding upon the Parties, their successors, legal representatives, assigns, beneficiaries and heirs and shall inure to the benefit of the aforementioned persons and the parties released herein, as the case may be.
  1. Prevailing Party Fees and CostsIf either Party breaches this Agreement, or any dispute arises out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in connection with an action to enforce the terms of this Settlement Agreement, at all levels.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth above.

CABLE NEWS NETWORK, INC.


By: _______________________________
Print Name: ________________________
Title: Partner: _______________________
Date: ______________________________
ROBERT PAISOLA, individually and ROBERT PAISOLA d/b/a THE DOMAIN HOLDING TRUST OF THE PHILIPEANS and Robert Paisola d/b/a The Western Capital Group

__________________________________
Date: ______________________________



Comment: We gave them the domains that they wanted for free!  They wanted to try to state that our I reports were "Damaging" their news gathering operation.  They did not want the world to know that they were picking and choosing who would be able to send in CNN I Reports.We threatened to sue for discrimination and this is the email that confirmed our position.  CNN Agreed and did not want America to know that we were with CNN from Day ONE at the OMNI HOTEL presentation, so they tried to hide this under the rug. We immediately authored a story for Fast Company Magazine on Citizen Journalism and now CNN is pissed. Well watch out dear GOLIATH, America will love what we have to say and as you hear the words of agreement via audio tape from your own counsel, you will be burned in the media.  You might as well Shut Down the I REPORT SERVICE now, and quit trying to get free citizen journalism reports now, because America will never buy into the fact that we in any way harmed you in any way.  The fact is that you are a dinosaur and The American Citizen can get data around the world HOURS before you.  Good luck, because EVERY SINGLE WORLD EVER SAID OR WRITTEN WILL BE RELEASED... AND GOOGLE NEVER FORGETS.
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