Fwd: 6:30 pm Tuesday 20 May 2003 Refund Day II: The case of Adam Kosmin vs. Toshiba, in the matter of Adam's refund, will likely not be tried but put off for another day. (fwd)

---------- Forwarded message ---------- Date: Tue, 20 May 2003 01:59:46 -0400 Subject: Fwd: 6:30 pm Tuesday 20 May 2003 Refund Day II: The case of Adam Kosmin vs. Toshiba, in the matter of Adam's refund, will likely not be tried but put off for another day. res ipsa loquitor... Begin forwarded message:

Subject: 6:30 pm Tuesday 20 May 2003 Refund Day II: The case of Adam Kosmin vs. Toshiba, in the matter of Adam's refund, will likely not be tried but put off for another day.

Efforts at an out of court settlement having failed, the issue between Adam Kosmin and Toshiba will at some unknown date be tried in a court of law. The case may be tried on Tuesday 20 May 2003, but more likely the court will set yet another date some time in the future, perhaps a month from now. So far Adam Kosmin and Toshiba have been out to the Queens County courthouse twice. This Tuesday's appearance will be the third in this matter.

At 5:00 pm on Tuesday 20 May 2003 Adam Kosmin and some tribesfolk will gather at the coffee house across the street from the Queens County courthouse. All supporters of free software and all students of contract law are invited!

If the case is heard this Tuesday, it might be useful to have on hand more than one laptop computer running a free OS. As always, Knoppix, or Knoppix variant, disks are welcome. These tools may help us explain to the judge some facts that are not often presented in large circulation newspapers.

If convenient, wear standard CLOTHES OF RESPECT. Do not interrupt or shout out in court. You may not read in court. You must sit and pay attention and be ready to help the judge and Adam.

Here is information about Refund Day I:

http://www.svlug.org/events/refund http://www.netmonger.net/~onr/ny/welcome.html http://www.nytimes.com/library/tech/99/02/biztech/articles/ 16windows.html

Adam Kosmin is the leader of Refund Day II and all questions should be addressed to him at

info@windowsrefund.net

For more about Refund Day II:

http://www.windowsrefund.net

This action is not the whole of Refund Day II. It is just the beginning. Already other actions, not yet public, are in process. No matter what happens in court we will continue the fight. What is at stake is our right to private ownership of computers and our right to free private, tribal, business, and public use of the Net.

<blockquote what="information that is not twice confirmed yet" contact-for-more-information="info@windowsrefund.net">

1. court

Queens County Court

2. place of court

89-17 Sutphin Blvd. Jamaica, NY 11435 718-262-7123

3. day and time of case

Tuesday 20 May 2003 6:30 P.M. in the Small Claims/Commercial Claims Part Courtroom First Floor Room 101

Note that the room number may actually be different. It is best to arrive early and meet with Adam at the coffee house across the street.

4. name and/or number of action

Index number: 531QSC2003 Kosmin, Adam vs. Toshiba American Information Systems Inc

5. ways to get out there

By subway, take the F train to Sutphin Blvd. The court house is on the same street. It is several blocks from the subway stop.

</blockquote>

Note: This action is not a formal official action of LXNY, though many LXNY members support the rule of law, and further, the particular application of the rule of law to Microsoft and Toshiba.

Jay Sulzberger Corresponding Secretary LXNY LXNY is New York's Free Computing Organization. http://www.lxny.org