Remember the Gentle Wind Project (GWP) – the makers of the magic alien-designed plastic cards you hold in your hand to solve all life’s problems? Two former GWP members, Jim Bergin and Judy Garvey, had set up the Winds of Changes website to expose GWP’s racket. Ironically, the GWP brought a racketeering federal lawsuit against Bergin and Garvey, in an attempt to gag them. Bergin and Garvey filed a Motion for Summary Dismissal.
Bergin and Garvey have just won their Motion for Summary Judgment – all charges have been dismissed (.pdf file). Clearly the judge saw through the ridiculous racketeering charges.
A victory for free speech on the web, as well as a victory for the good guys against the woos. Clearly those magic pieces of plastic have their limits.
Not quite an accurate description of the ruling (as I explain in my blog) but thanks for the heads up.
Posted by: ohwilleke | January 07, 2006 at 12:25 PM
The previous comment directs readers to a blog where there are some inaccuracies: 1) Federal Court has no jurisdiction over any of the co-defendants, and all have now been dismissed. 2)Only two defendants were former members of Gentle Wind; other defendants had posted the ex-members' stories on their websites. 3) This important decision on RICO, and earlier on Lanham, another Federal claim, was by Senior District Judge Carter, not by a Magistrate Judge. 4)Full answers to all the charges have been filed; there have been months of discovery, etc. 5) GWP's initial lawsuit was filed in May 2004; thus this is not an early step in the lawsuit. For a history of what has actually taken place, and an appreciation of the importance of this ruling, please go to Wind of Changes website, http://www.windofchanges.org, and view the actual documents and facts.
Posted by: Jim Bergin | January 08, 2006 at 05:53 PM
Thanks for the additional details beyond the posted pleading.
Posted by: ohwilleke | January 08, 2006 at 06:00 PM
A significantly revised post at my site now reviews the other pleadings and goes over what happened in this little bit of confusion.
Posted by: ohwilleke | January 08, 2006 at 09:21 PM
I know I should I know better, but I still want a magic plastic card to solve all my life's troubles.
Posted by: | January 13, 2006 at 07:52 AM
Maybe you should go by Staples and pick up one of those Easy Buttons.
Posted by: BronzeDog | January 13, 2006 at 08:05 AM
It looks like Plastic Cards and "healing" Pucks might still be a topic of conversation for a while. Gentle Wind's Tubby and Moe Miller et al have re-filed their lawsuit, minus the dismissed Federal claims, in Maine state court, after getting completely removed from Federal Court on 1-3-06. The state charges are defamation, etc. Our Counterclaims will be filed too.
Meanwhile, the Berkman Center for Internet & Society announced their participation in assisting us with the Federal RICO defense, following Judge Carter's ruling:
http://cyber.law.harvard.edu/home/
"In an important victory for free expression on the Internet, the Berkman Center Clinical Program in Cyberlaw recently helped to persuade a federal district court in Maine to throw out a racketeering and defamation lawsuit brought by a "spiritual-healing" group against former members of the group...."
Posted by: Jim Bergin | January 14, 2006 at 04:26 PM