I didn't realize there was anything else to him.


Shouldn't you be in the kitchen making mine first? (in honor of the missing PF) wink

Geez scottie! I gave! I swear I did!! Even put in a few bucks "In loving memory of Bluebird"

Apparently you're not an athlete or familiar with sporting events. You see, before the event, the athletes stretch. Otherwise they're more prone to injuries. And when these athletes stretch, photographers capture it on film/video. Why, just last week a local TV news station, in their sports report, made it a point to show videotape of the Eagles' Terrell Owens warming up before their game last Friday, just because he was wearing his skintight warmup outfit that he prefers to practice in (but that isn't allowed by Andy Reid, who insists all his players wear baggy shorts). The camera actually panned up and down his body. The videotape was shown on the 11 pm news on Saturday...over 24 hours after the game was played, by the way.

It's not considered a gay station, though, so I guess that's okay then.

If we guess that someone who knows him somehow happened to spot it, and let him or his family and friends know about it, and said family and friends started teasing him, then that makes it clear -- he should sue THEM.

Oh, and for GatorJamie, missing her friend: go get me another beer already!

[ August 19, 2004, 10:42 AM: Message edited by: Joe in Philly ]

Nope, sorry, only PF gets away with that. Back to the bait shop for you, mister.

Edited to add: Joe, I'll fetch you a beer AFTER you change my oil and cut my lawn. You better look good doin' it, too. wink

[ August 19, 2004, 10:43 AM: Message edited by: GatorJamie ]

Since when are stretching and warm-ups not part of a race? The entire event encompasses the preparation, the actual event, and the celebration-by-the-winners/commisseration-with-the-losers.

This site, as I've always understood it, is for gay athletes and sports fans - it is not merely a sports site; the gay aspect has always been a factor in the site. And yes, gay men (and women) like to look at attractive athletes, just like straight people. This site simply lets us acknowledge that.

I would really hate to see a lawsuit such as this censor the site, or its posters, on acknowledging our sexuality. The freedom to do so has long been one of the attractions of Outsports. Particularly because, in this specific case, no one identified the guy as gay. Brent, like a lot of photographers, simply found someone attractive and took a photograph - no inneundo, no underhanded smarminess, just a simply photo. The guy even signed a release, for crying out loud!

20 years ago I wasn't too happy with how fat a photo on the front page of the Berkshire Eagle made me look, but I had allowed the photographer to take the shot (it was of a group of students studying outside on a warmer-than-normal March day) and gave permission for it to be used. My emotional distress was, undoubtedly, far more significant than this guy's, but I didn't sue.

Exactly! That's a valid argument for dismissal right there (not conclusive, but valid). :mad:

As for emotional distress, what about the pics that friends have taken of me from the side, showing my Thorpedoesque nose (with no Thorpedo body to match)? Front shots only or I'll sue!

After "coming into" a little extra cash this past weekend, I figured this cause was a sign of what to do with at least part of it. My $250 PayPal transaction went through yesterday. Fight the good fight, boys!

JUDGE

Simply classic.

The lights have come on and my how the cockroaches have scrambled away.

Maybe this topic/thread should have been posted in the "Politics" Forum instead of the "About The Board Forum" so the majority of the annoying posters have no excuse for missing it

If a picture had been posted of Chris Harbinson while running, do any of you think that would have stopped him from suing? He's not suing because of the angle of the photograph, he's suing because it was on Outsports.

As for trolling--apparently you haven't been watching much sports coverage, because it's pretty clear that the less covered the athlete, the more coverage they get. As a gay photographer, I refuse to accept any negative connotation for what I was doing. There were no trench coats involved, no money changed hands, and no scandals were created.

But IronJohn, I am glad for one thing: twice you attributed me to being a professional photographer, granting me a status I haven't earned, although who's conduct I would proudly emulate. I've only taken photos for Outsports, and I've been paid what I suspect is the same as you've contributed to the legal defense fund.

Unless the whole posting was done VERY tongue-in-cheek, in which case I would need a professional to photograph and post said tongue!

[ August 19, 2004, 11:32 AM: Message edited by: Brent ]

Hey Cyd and Jim -

How would you guys feel about - Shudder/Groan - a mass emailing to outsports members to update those who do not know yet?

Could help with the defense fund too.

In this case I would not call it junk mail.

Rob

Hopefully this suit won't get far but since it is likely this guys' attorneys will review this site, let's make sure no one threatens or disparages him. It could all be turned around as proof this guy has suffered damages. A bit far out, I know, but stranger things have happened.

You know - looking at the pic again - he was kind of cute though...

Just goes to show you that you never know about some people... wink

[ August 19, 2004, 11:42 AM: Message edited by: ITJock ]

Let's not also forget that the guy found out about the picture on the website, was uncomfortable for whatever reason, and asked to have the picture removed, which was done immediately.

Maybe some guys are donating but not coming on this thread to chest thump and brag about it. Braggadocio for giving money always seems a bit insincere to me. If you do it, why does everyone need to know?

That's a good point that some folks are probably donating but prefer to remain anonymous; however, I wouldn't call this thread bragging. We are an online community and this is a manifestation of our coming together to support Jim, Cyd, and Outsports. It's the rallying of the troops. The nature of an online community is such that the only way to achieve this community alliance is to post our pledges of support

[ August 19, 2004, 11:47 AM: Message edited by: Gaga4Gaby ]

Right you are, Gaby! In some circles, I believe it's called a "speakout." Whatever its moniker, it's been as much a source of satisfaction to me as I'm sure it is to Jim & Cyd to see us come together on this. Confusion to the enemy! :cool:

At sporting events, if you look at the ticket, it says in tiny lettters that your image may be used for promotion. I once had a very large close-up of me in the Oakland Tribune at an A's playoff game. It was a HORRIBLE picture, and I mean awful. Everyone I knew was sending me copies. I thought of sending one to my mother but it was such an awful photo even a mother could not love it. And there was not a damn thing I could do but be embarrassed.
If this guy signed a release before participating in the race that his image may be in media he has NO case. Not that he does anyway. Numerous cases have clearly established that when a person is in public engaging in public activity he/she cannot sue if photo is taken. It's not like OutSports stuck a camera into his bedroom window!
I was once at a Blazers game. Chris Dudley pullled his shirt way up to get some treatment for his back, right on the floor pregame. So I shot his pic like that. He was in a public place and had I wanted to post the photo on a Web site he could not object.

I wouldn't expect anyone to post what they are donating. However, I think it is important that the Outsports family post their words of support during what is probably a very stressful time for Jim and Cyd.

As much as I want to think the giving should be generous offerings, I also feel it is our duty as users of this site to assist in it's defense.

I would be curious what the one day total is up to. Sometimes posting a Tally of what has been raised help people see that there is still more needed.

Some could easilly see this thread and think "They are getting lots of money...I'm sure they don't NEED mine that bad"

Perhaps he is the judge this case is assigned to. eek!

I'll have to ask Jim and Cyd what they have received. It is very possible that they might not want to post the total raised so far, as if the plaintiff's attorney is monitoring this, you might not want your opponent to know how much you have to pay in legal fees.

I feel extremely confident after reviewing all the posts on this thread that Outsports.com has not raised even close to the minimum of $10,000 needed to fight this lawsuit. And if they lose on preliminary motions and the case goes to trial, much more than $10,000 will be needed.

[ August 19, 2004, 12:40 PM: Message edited by: scottie ]

"It is very possible that they might not want to post the total raised so far..." (scottie)

Q: Just how do we know that they are actually being sued?

If the plaintiff has filed a complaint... then surely... "THAT" can be reproduced here... No?

_____


It is a public record?


Why the secrecy?


:confused: :confused: :confused:


.

Uh-oh...

I'm making a batch of appletinis and canapes here in the lounge for Jim and Cyd. After donating to the defense fund, please give Jim and Cyd foot and neck massages. It's been a tough week.

Edited to add: I'm increasing my initial donation, not to brag about it, just 'cause it's the right thing to do.

[ August 19, 2004, 12:56 PM: Message edited by: GatorJamie ]

That is up to Jim and Cyd. I can tell you, as someone who has no financial or any other affiliation with Outsports.com, they are being sued. How do I know that as a fact? I called some lawyers trying to get someone to help them, and had the complaint in case anyone wanted me to fax it to them.

I would like to think you are kidding - as the lawsuit is a matter of public record, do you actually think this whole thread is a put on to raise money?? If you aren't kidding, maybe you shouldn't be visiting Outsports.com if you think the men who founded, own and operate this website
would be that dishonest. In the over 2 years I have known Jim and Cyd, I have found them personally and professionally to be of extremely high integrity, and as a member of the Outsports family I feel insulted when you insult them.

[ August 19, 2004, 01:03 PM: Message edited by: scottie ]

"and had the complaint in case anyone wanted me to fax it to them." (scottie)

So... People should send their 'hard earned' money cuz someone named 'scottie' sez that he read the complaint?

I don't think so!

The complaint is 'public information'...

POST IT!


eek! eek! eek!


.

[/qb][/QUOTE]Perhaps he is the judge this case is assigned to. eek! [/QB][/QUOTE]

No, in North Carolina you have to be elected a judge, and given past posts....

Perhaps the "annoying posters" (whomsoever they be) have chosen not to use this particular thread for annoyances, being wise enough to know such interplay has no place in a serious discussion on the very survival of this site. I'm sure the annoyances are still engaging in their fun-and-games in a thread where baiting and taking said bait is par for the course.

I'm less interested in knowing the amount raised so far than in the number of members who have contributed; the depth of one's pocketbook is of less importance than the willingness to open it at all.

~Adam

I don't get your distrust? Why would they make this up? Your earlier comments about the photographer and now your insinuations that this could be a hoax to raise money is absurd.

You can get a copy at the court at which the complaint was filed. The court might assess a copying fee.

Stop yelling.

Uh-oh...uh-oh... :mad:

"Originally posted by IronJohn"

You might not know who I am but I have met approximately 60 people through this board. I have an e-mail address listed on my profile, as I have where I live (Philadelphia) and the type of work I do. There are a number of posters who could vouch for my character. I think this gives me some level of believability. On the other hand, who are you? Have you ever met anyone through the board? Your profile is very anonymous (which you are free to do), you live "here", your interests are "now", you have no e-mail address listed, nor is there any other info about you. How do I know you're not the guy suing Outsports? wink

If you are so skeptical of Jim and Cyd's motives, well here's a fresh notion-don't contribute. Meanwhile you can stop wasting your breath trying to harrass the rest of us into thinking Jim and Cyd and Scottie's efforts are anything but honorable. We know better.

On second thought, maybe it would be better to ignore this guy so the thread doesn't get sidetracked from this important issue by his nonsense.

[ August 19, 2004, 01:48 PM: Message edited by: George_vikingfan ]

I agree, GVF. Some people may feel that it is not their duty or may not be willing to help fight this fight. But we should not let them distract those of us who know Jim and Cyd personally and know that if we were in Jim and Cyd's shoes that they would be aiding us in our fight.

IronJohn, I respect your right to express your thoughts, but there are enough posters who know Jim and Cyd in real life that can vouch they are not running a scam.

[ August 19, 2004, 02:11 PM: Message edited by: stinger85 ]

Jeez, you don't check in for a few days and all hell breaks loose!

I'm as disturbed by this lawsuit as all (well, most) of the previous posters, and want to see it defended. I don't get to post a whole lot, but I love coming to the site and hearing what everyone has to say. It's worth fighting to keep it going--my contribution has been sent.

Good luck Jim and Cyd!

If this event took place in California, and the websites owners are in fact in California with telecomm facilities in California - I wonder if that itself isn't a sufficient basis for dismissal on the grounds that the offense has not taken place within the jurisdiction of the NC Courts.

In the off the cuff opinion of two gay lawyers - sorry they do real estate law I guess - who just happen to be my guests at the moment this may be one of those cases where you do not want to hire big out of town guns... you may see fasster better results with a good ole local boy who knows everyone and knows the local politics.

Rob

[ August 19, 2004, 02:45 PM: Message edited by: ITJock ]

It's not the complaint (which would be interesting to read), but here's the docket information I retrieved from an online court docket retrieval service (for $20):

CourtLink Classic Details for ** Case: 04 CVS 009616 **

Court System: North Carolina Superior & District Courts

Date Printed: 8/19/2004 2:37:55 PM
Court: Wake County NC Civil Superior Court
Case: Harbinson,Chris VS Outsports Llc
Judge:
Filed On: 7/12/04
Note 1:

Summary

Search Name: Harbinson,Chris
Eligible for custody/visitation mediation: No
Eligible for arbitration: No
Eligible for mediated settlmt confrnce: No
Jury Requested: Yes

Names

Plaintiff: Harbinson,Chris
Defendant: Outsports Llc

Docket

DATE EVENT

Service Summary
7/12/2004 02:00 PM Action: Summons
Name: Outsports Llc Reg

7/12/04 Complaint
Issue: Intentional Torts
Plaintiff: Harbinson,Chris
Defendant: Outsports Llc

7/12/04 Complaint
Issue: Money Owed
Plaintiff: Harbinson,Chris
Defendant: Outsports Llc

7/12/04 Complaint
Issue: Punitive Damages
Plaintiff: Harbinson,Chris
Defendant: Outsports Llc

8/11/04 Motion
Issue: Dismiss (Involuntary)
Defendant: Outsports Llc
Plaintiff: Harbinson,Chris

8/11/04 Motion
Issue: Protective Order
Defendant: Outsports Llc
Plaintiff: Harbinson,Chris

Orders

No Orders Information Available for This Case

Disposition

No Disposition Information Available for This Case

***** End of Report *****

I will now donate an additional $20 to the cause - through Paypal.

"You might not know who I am but I have met approximately 60 people through this board. I have an e-mail address listed on my profile, as I have where I live (Philadelphia) and the type of work I do. There are a number of posters who could vouch for my character. I think this gives me some level of believability." (scottie)

Blah... blah... blah... scottie.

I asked for a simple request... Why the secrecy?

If there is a lawsuit against OUTSPORTS...

Then the complaint is 'public information'...

It is NOT confidential information. So I would have to wonder why its content is NOT being reproduced here?


"Have you ever met anyone through the board?" (scottie)

The short answer: NO.

But I also don't have my hat extended asking strangers for MONEY $$$!


Let's see the complaint 'big guy'!


:confused:


.

[ August 19, 2004, 02:49 PM: Message edited by: IronJohn ]

willyboy posted your information for you, IronJohn. You owe him 20 bucks.

If IronHoop, HoopJohn, IronJane, whatever he's calling himself this month is really interesetd in getting a copy of the complaint, he has all the information he needs to get a copy.

You've just earned a great big IGNORE.

"If IronHoop, HoopJohn, IronJane, whatever he's calling himself this month is really interesetd in getting a copy of the complaint, he has all the information he needs to get a copy." (GJ)

My props to you GJ - you actually made a post w/o the derrogatory word f*g!

It is not my job to 'back up' this lawsuit!

I am not the one asking for $$$!

____


Again...


Let's see the 'complaint'!!!


One must question - why the secrecy?

:confused: :confused: :confused:


.

IronJohn--what is your continued interest in this case? Clearly you don't believe, regardless of the information presented. So if the case were actually online, does that mean you'd donate $1000 towards the cause?

I suggest you either put up, or shut up.

There are more than enough people who will challenge us for being gay--we hardly need to entertain further challenges of those proven to be real, reliable, and responsible with this website.

It's pretty clear from the postings that they're not asking strangers to help--they're asking people who are part of the Outsports community to be able to continue to provide this forum. And by the number of posts that you've made, that includes you.

Or is that just peanut shells I feel raining down on me from a gallery far, far away?!

[ August 19, 2004, 03:33 PM: Message edited by: Brent ]

I urge all of you to ignore IronJohn. He is on this thread simply to get attention with his silly statements.

You're only feeding his ego and he is hijacking this thread and diverting it from its intent.

We have posted a detailed story on this lawsuit and if he wants a copy of the entire complaint and our answer, they are both filed in the Wake County, N.C., Courthouse (references cited above in a previous post).

[ August 19, 2004, 03:31 PM: Message edited by: Jim at Outsports ]

(Remarks removed)

[ August 19, 2004, 03:35 PM: Message edited by: Joe in Philly ]

Hee-hee! I love reading other peoples' docket sheets! Maybe all the lawyers on this board can start posting them for our mutual entertainment. :cool: Meanwhile, at the risk of "bragging" (cf. "boasting," but see also "basting.") here's a recent cite for which I'm to blame: 298 FSupp2d 900. wink

I'm pleased to see those entries on the OS docket for its/our MTD and MPO! Go get 'em, tigers!

Probably because most people freak out when they're sued and they don't want to do anything to jeopardize their case. They might be concerned that the plaintiff could go whining to the judge about Outsports posting the complaint, further "violating" this guy's privacy or whatever, causing Cyd and Jim to have to pay for opposing any motion this guy brings to have the complaint removed from the site. (Hey, it's not as if Harbinson's actions make sense up to this point, so who's to say what he might do?)

And, TinMan, even if they do post the complaint, we all know you'll find some other reason not to contribute, don't we?

From the bottom of my heart, I do want to thank all of you who have contributed so far. It means so much to both Cyd and I. It may even cause me to like the Eagles! .... Nah, not that much.

Don't make me ask for my money back. wink

"They might be concerned that the plaintiff could go whining to the judge about Outsports posting the complaint, further "violating" this guy's privacy or whatever." (willyboy)

Perhaps the concept of 'public information' eludes you!

A lawsuit is PUBLIC INFORMATION!

_____


Last year, I had roofers that did a sub-standard job!


Anyone care to contribute to my 'pending lawsuit'? <sarcasm>


____


It is part of 'doing business" - suck it up boys!

____


I am still waiting for the complaint! :confused:


.

Hey, I "might" change my opinion on who the most annoying poster is on Outsports after all of today's drivel... and how appropriate that would be as, once again, an Eagle doesn't come in first !!

You'll be getting more money from me, but you'll have to wait until my next paycheck. It will be fun to be part of a court victory.