Doug:

My earlier suggestion was said with tongue firmly planted in cheek. (I agree that ETS has done NOTHING, repeat NOTHING wrong!!) I thought that if he didn't want us using the name his parents gave him, he'd have to live with the one we give him........ <img src="images/graemlins/smirk.gif" alt="" />

This fellow's demand seems to boil down to this:

<winyvoice>
"Knives and stones may break by bones, but names (personal, use of) will REALLY hurt me....."
</winyvoice>

.....CLIFF

Doug,

Consult your lawyer promptly about this (and follow his advice). I'm glad you have an IP attorney handy. I tried to PM you earlier with a few thoughts re this, but your PM was blocked. Glad I don't need to worry about it now.

Best wishes,

John

Much like many other legal threats, this one will simply fade away. Aron is trying to not look completely stupid. In order to acomplish that, he needs to make everyone stop talking about it (not gonna happen).

Doug, you're in the right here. No doubt about that. If he had a shread of decency, he would tell his story in a forum like this one as opposed to selling the book rights. It was truely a freakish combination of events that caused his tragedy, but there are lessons to be learned here. Unfortunately, most people will have to pay $29.95 to learn it. This information should be free for all to learn from (IMHO). I really believe that he is trying to protect the dollar value of his story.....or...someone told him that he's supposed to get a lawyer to protect the dollar value of his story. In either case there's money involved. I bet that lawyer waived the retainer fee in lieu of a percentage of the book (or the made-for-TV movie) proceeds.

I'll admit, most people who see the story on TV would be too caught up in feeling bad for him to actually learn anything. They won't benefit fom it. Come to think of it, survival minded people won't benefit from it either. They already know what he did wrong. I guess the only people to benefit from this will be Aron and his lawyer. I wonder if Aron will add up all the numbers and tell us how much his arm was worth one day.



As a side note...I wonder if every reporter, newspaper, TV network, and magazine that his name appeared in got the same letter.

Just another $0.02

Not too worry, it's hard to [censored] me off, unless you hire a lawyer to do your dirty work. <img src="images/graemlins/smirk.gif" alt="" />

There are a lot of principles involved here, including freedom of the press. However Pollyannaish someone wants to look at this affair, as you have in playing DA, I am far too cynical and practical to ascribe any such motivations to this, there are still those issues involved. Reasonable people with the motivations you ascribe don't hire an attorney to write letters like that.

But, I needed a good laugh this morning and thank you for it. <img src="images/graemlins/grin.gif" alt="" />

You're cracking me up! <img src="images/graemlins/grin.gif" alt="" />

John,

I have PM blocked as it just complicates an already overstressed communications medium. Part of my role as a curmudgeon.

WRT legal issues that revolve around media and intellectual property, I have had a fairly complete education at the school of hard knocks, as do most experienced writers and editors, and received my practical JD degree many years ago. <img src="images/graemlins/ooo.gif" alt="" /> While I may respond emotionally to something like this since that is my nature, and it is fun, the difference between what the Scott writes and what I write is a matter of degree, and tact, <img src="images/graemlins/grin.gif" alt="" /> the message is still the same. Had I even an ounce of concern or confusion over the legal issues involved, I can assure you I would have bit my tongue and talked to Scott first. I'm not nearly as dumb as I appear...well, at least that's the case most of the time. <img src="images/graemlins/grin.gif" alt="" /> I've been down this road before and we're on the same page.

Again, your concern and suggestions, particularly given your experience and POV, are appreciated.

Read comments from Dean Russell, a survivor himself, on Aron Ralston's threats against Doug Ritter and Equipped To Survive:

http://www.equipped.org/dean_ralston_email.htm

Doug,

In retrospect, your blocking your PM makes good sense.

I've never had any doubts about your media and IP legal savvy as well as your overall practicality and good sense. And as to the possibility that your temper and emotions might cloud your judgment and dominate, ...... Well, I've never had any doubts about your media and IP legal savvy anyway. <img src="images/graemlins/wink.gif" alt="" />

John

What the heck would we find out in a book that we already don't know ???!!!!!!!

The guy got into trouble and had to take drastic measures to save himself.

The media has covered this thing pretty well.

Sounds like this kid is a dork anyways. HAdn't he had trouble in the woods before?

>>I am in the unfortunate position to understand exactly what Mr. Ralston is feeling.

Unless you lost an arm, I doubt that very much.

>>Last summer I had an accident which totaled my helicopter at the 5,200 foot line on a local mountain.

Any chance you would share with us the reason for this? Was it something incredibly, mind-bogglingly stupid, or was it an unforeseeable fluke? Or somewhere in between? Ran out of gas? Continued VFR into IFR conditions? Scud-running through a mountain pass? Mechanical failure? Hit by a meteor from outer space?

>>The Search and Rescue technicians in the high cover aircraft saw fit to photograph the wreck and send it to the two local papers with circulations in excess of a half a million copies daily.

If true, I consider that a gross breach of professional ethics. If they were military, I hope they were court-martialled; if they were civilians, I hope they were fired.

>>While I sympathize with Mr. Ralston, a lot of the public's money was spent searching for him.

I thought that was why we pay taxes – to provide services to the public.

>>Mr. Elberger, your client and his law suit threat look ridiculous from the common person's point of view.

I guess that makes me an uncommon person. I saw nothing ridiculous – I saw a private citizen who objected to the way his name was being used. It was a private communication to Mr. Ritter; neither Mr. Ralston nor Mr. Elberger should be held responsible for the fact that Mr. Ritter decided to use his position to publicise it.

>>It has also occurred to me that his motives may be to control this whole issue and somehow profit by the sale of movie rights or some such thing.

“MAY BE” are the operative words in this statement. This is pure speculation on your part.

>>Mr. Ritter, I am solidly behind you. You have every right and possibly even a duty to advise people of this incident and how the consequences and costs could have been avoided.

Mr. Ritter could have done this equally well without portraying Mr. Ralston as a stupid, money-grubbing opportunist, which is grossly unfair, especially since Mr. Ralston’s motivation in sending the letter may have been his concern that people would incorrectly think he was making a commercial endorsement. (MAY HAVE BEEN being the operative words, I suppose, but I prefer to give people the benefit of the doubt.)

>>Thousands of people view your web site and are better prepared because of it. My aircraft was carrying survival gear, food, water and a satellite phone, partly inspired by your site.

Mr. Ralston was carrying three days worth of water for a one-day hike. He obviously had adequate survival supplies and first aid training. What point are you trying to make here?

>>Perhaps if Mr. Ralston spent more time reading about survival

You may not have noticed this, Dean, but Mr. Ralston actually survived. Therefore, I’m not sure on what grounds you question his knowledge of survival.

>>and less time thinking of whom he can sue, or more money on gear and less on lawyers, he may have been better Equipped to Survive.

Oh, yeah. Whenever I go back-packing in the Rockies, I always carry a one-handed hydraulic jack, just in case an 800-pound rock lands on my arm. I can’t imagine what this dumbo was thinking, going out without his hydraulic jack. (That’s sarcasm, for those who failed to notice.)