Replies to post #5080 on Avalon Technology Grp (fka AVLN)

[kickasks]

This is from an Aug 25th PR. That's more than two months ago. Maybe the IEEE is doing the auditing? The part I really love is "SEC certified". The SEC is now certifying acct firms? Huh?

"IDS has retained counsel to prepare the documentation for the company stock to move to the OTCBB. IDS audited results by our Independent Chartered Accountant are now being prepared for review by a SEC certified accounting firm in the United States. IDS' fully audited results of our overseas accounting firms should be completed in time for IDS to move to the OTCBB in the coming quarter."

[Dick_Tator]

The Edmund.com agreement anyone can get. Whats the big deal about that. Anyone with a site can use Edmunds. Nothing special there.

[shadowwatch2oo3]

OK linc. That line of BS has been going on since July. You are a new paid pumper here. I guess you haven't followed this story for very long, but Downs has never followed through on any of his statements. Maybe you should do some real DD here instead of just being a parrot for the Downs' lying PR machine.

And by the way, all those threats about lawsuits are going to get you nowhere. I am very prepared for such an event and I am looking forward to issueing subpoenas on the trading records of Laura Brickley Down's account as well as the accounts of Datatech Downs and then comparing those trading records against the PRs released by this company and the message board posts made here. I have done enough investigating to assure that the legal ground upon which I stand is as solid as a rock which is a lot more than I can say about Datatech Downs.

I figure the pre-trial discovery will create all the evidence needed to submit a brief to the SEC which will have the effect of shutting this scam down for good.

You might also look at this little story which I have taken the liberty to post just so you can learn something about all of the thinly veiled threats to which you have become a party. Keep in mind that Datatech Downs has been so proficient with his lies on this board and in his PRs that a prima facie case of damages would be impossible to prove (NOT to speak of which a declining stock price, if and when it occurs, does not prove damages either).

I have a legal background, just to clue you in fella.

Where is your rule 17b disclosure? Do you realize you are violating federal securities laws by pumping this stock for compensation with no disclosure? Your Boss should have told you that.

Court Rules in Favor of Anonymous Blogger
Oct 06 1:02 PM US/Eastern
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By RANDALL CHASE
Associated Press Writer


DOVER, Del.


In a decision hailed by free-speech advocates, the Delaware Supreme Court on Wednesday reversed a lower court decision requiring an Internet service provider to disclose the identity of an anonymous blogger who targeted a local elected official.

In a 34-page opinion, the justices said a Superior Court judge should have required Smyrna town councilman Patrick Cahill to make a stronger case that he and his wife, Julia, had been defamed before ordering Comcast Cable Communications to disclose the identities of four anonymous posters to a blog site operated by Independent Newspapers Inc., publisher of the Delaware State News.

In a series of obscenity-laced tirades, the bloggers, among other things, pointed to Cahill's "obvious mental deterioration," and made several sexual references about him and his wife, including using the name "Gahill" to suggest that Cahill, who has publicly feuded with Smyrna Mayor Mark Schaeffer, is homosexual.

In June, the lower court judge ruled that the Cahills had established a "good faith basis" for contending that they were victims of defamation and affirmed a previous order for Comcast to disclose the bloggers' identities.

One of the bloggers, referred to in court papers only as John Doe No. 1 and his blog name, "Proud Citizen," challenged the ruling, arguing that the Cahills should have been required to establish a prima facie case of defamation before seeking disclosure of the defendants' identities.

The Supreme Court agreed, reversing and remanding the case to Superior Court with an order to dismiss the Cahills' claims.

"Because the trial judge applied a standard insufficiently protective of Doe's First Amendment right to speak anonymously, we reverse that judgment," Chief Justice Myron Steele wrote.

Steele described the Internet as a "unique democratizing medium unlike anything that has come before," and said anonymous speech in blogs and chat rooms in some instances can become the modern equivalent of political pamphleteering. Accordingly, a plaintiff claiming defamation should be required to provide sufficient evidence to overcome a defendant's motion for summary judgment before a court orders the disclosure of a blogger's identity.

"We are concerned that setting the standard too low will chill potential posters from exercising their First Amendment right to speak anonymously," Steele wrote. "The possibility of losing anonymity in a future lawsuit could intimidate anonymous posters into self-censoring their comments or simply not commenting at all."

The standard adopted by the court, the first state Supreme Court in the country to consider the issue, is based on a 2000 New Jersey court ruling.

Under the standard adopted by the Supreme Court, a plaintiff must first try to notify the anonymous poster that he is the subject of subpoena or request for a court to disclose his identity, allowing the poster time to oppose the request. The plaintiff would then have to provide prima facie evidence of defamation strong enough to overcome a summary judgment motion.

"The decision of the Supreme Court helps provide protection for anonymous bloggers and anonymous speakers in general from lawsuits which have little or no merit and are filed solely to intimidate the speaker or suppress the speech," said David Finger, a Wilmington attorney representing John Doe No. 1.

"Delaware cases are generally respected in other states, and we'll have to see if this trend continues with these types of lawsuits, but I expect the decision of the Delaware Supreme Court to be influential," Finger added.

Robert Katzenstein, a lawyer representing the Cahills, did not immediately return a telephone message left at his home.

"This is the first state Supreme Court to squarely decide the standards to govern John Doe subpoena cases," said Paul Alan Levy, an attorney for Public Citizen, a national, nonprofit consumer advocacy organization, who helped argue the case for John Doe No. 1. "The court's determination to require sufficient evidence before a critic is outed will go a long way toward reassuring citizens that they remain free to anonymously criticize public officials."

Steele noted in his opinion that plaintiffs in such cases can use the Internet to respond to character attacks and "generally set the record straight," and that, as in Cahill's case, blogs and chatrooms tend to be vehicles for people to express opinions, not facts.

"Given the context, no reasonable person could have interpreted these statements as being anything other than opinion. ... The statements are, therefore, incapable of a defamatory meaning," he wrote.

http://www.breitbart.com/news/2005/10/06/D8D2LHF06.html

[matrix]

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