DP now suing Odub over delicate arch song?

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Toker Villain

Big Wall climber

Toquerville, Utah

Apr 15, 2007 - 12:28pm PT

rockboner,
I'm afraid that your 7:40 post was not facetious enough for me to catch on and I was all set to fire back. Thanks for the clarification.
The irony of course is that I tend to agree. Too MUCH access has allowed us to love some rock to death and I fear for the rest. Climbers are not very effective self-regulators and combined with both the permanent nature of our impacts and the softness of the rock in Arches I would probably be in favor of closing much of it to climbing until perhaps a future generation shows a better capability of dealing with the problems.

But in reality THAT is undesireable too, because once the park service decides that restricting climbers "saves" "their" rocks it becomes a raison d'etre.

Perhaps also, having poached a few climbs myself, I know that the same piece of fruit tastes sweeter if the tree is forbidden.

So in the end I'm left with the fact that I should be thankful.
You see, Dean took the heat off of me!

healyje

Trad climber

Portland, Oregon

Apr 15, 2007 - 04:08pm PT

Caylor,

So folks who disagree go from climber to screen people? Dude, I am a climber, been a climber, will be a climber. Again, this incident had real and immediate access consequences - which part of that don't you get? Or would it take something to happen in Eldo that put climbing there up back for grabs again for you to really see the whole affair for the mistake it was? Or is it just a matter of it didn't screw up your personal dance, so party on?

We all make mistakes. Recognizing and acknowledging them, taking the hit, and moving on is what it's about - not denial or bullsh#t. Being a climber is cool; climbing being the edge and end of my perspective - not in this f*#king lifetime...

Toker Villain

Big Wall climber

Toquerville, Utah

Apr 15, 2007 - 05:00pm PT

Well Hankster, I'm hoping to yet become a cranky lump of shite. The trouble is every once in a while I still get hankering (or is that Hankstering) to go out and fondle some stone.

And speaking of spelling did you misspell venomous right before ranting about people being uneducated?
lol

(hey, you should see some of MY rockboners!)

JLP

Social climber

Fargo, MN

Apr 15, 2007 - 06:19pm PT

"Its wierd how you can just say whatever on here, and people buy it"

It's not your posts, it's your actions.

Did Dean not climb the thing, you filmed and wanked about it (and still are), then neither of you apologized?

Let me know if I'm reading you wrong.

JLP

Toker Villain

Big Wall climber

Toquerville, Utah

Apr 15, 2007 - 06:24pm PT

dead horse walking,..

Hawkeye

climber

State of Mine

Apr 15, 2007 - 10:21pm PT

brochbonar and caylor,

i dont climb as much as i used to. i am pretty f*#kin sick and old. so i fit into caylors bitch model.

dp's stunt on delicate arch was a stupid mistake. glorified, ignorant, f*#ked with others access.

you be his ho's for furtherin the agenda....

Toker Villain

Big Wall climber

Toquerville, Utah

Apr 15, 2007 - 10:29pm PT

He said ho.
He said ho.
He said ho.

Can his a$$!

brochbonar

Social climber

boulder

Apr 15, 2007 - 11:44pm PT

Ron,
Don't you mean dead horse wanking?

JLP-
What part of "I am sorry" does not sound like an apology to you? Can You read?
Dean publicly apologized almost a year ago, in an official statement.
What sort of gesture or action would make you feel we are worthy of continuing to draw breath?
Should we be excommunicated? Forever?
Two more questions come to mind...have you ever even been to Arches, and have you ever kissed a woman on the mouth?
(the above was intended as "humor"...hey, I'm trying)

Hank,
Good job on "Terror". I don’t even fart when I walk past that thing, for fear of shitting my pants.
Skip G was (is) a visionary...

Patrick Sawyer

climber

Originally California now Ireland

Apr 16, 2007 - 12:23pm PT

Theres more anti-America,Bush,war,global warming kneejerk claptrap on Supertaco than climbing

Caylor, pretty broad brush you are using there. Am I correct in understanding that you think most Supertopians are anti-America,Bush,war,global warming kneejerk claptrap?

Can I safely assume that you think that just because we oppose actions such as Iraq that we hate America? Can I safely assume that you don’t think that people do not have to answer for their actions and not stand up and admit they were wrong?

But if you are from Texas or live there (and BTW, I’m not saying all Texans are like this), I guess I can see why you think so highly of your ex-governor and of people not taking responsibility for their actions.

Am I painting too broad of picture?

Matt

Trad climber

places you shouldn't talk about in polite company

Apr 16, 2007 - 03:26pm PT

yeah brad, i didn't get that it was a joke

HighDesertDJ

Trad climber

Arid-zona

Apr 16, 2007 - 03:55pm PT

No Patrick I think you had it right. People are upset with Dean beacuse they hate America. I think Wankster made that pretty clear. ;-)

Hardman Knott

Gym climber

Muir Woods National Monument, Mill Valley, Ca

Apr 16, 2007 - 04:11pm PT

yeah brad, i didn't get that it was a joke

Me either. Looks like the joke's on us, in more ways than one...

Matt

Trad climber

places you shouldn't talk about in polite company

Apr 16, 2007 - 07:03pm PT

hey lets not get all side tracked here, the dean bashing has come and gone, no need to argue opinions as they are largely fixed at this point on all sides, no?

so where does that leave us?
oh yeah, laughing about some lawer who wrote to cdub and then even called him up-

so CDUB, scan the damn letter!
it's just funny enough that it deserves the true light of day.
(btw- protecting said att. because 'he was just doing his job' doesn't mesh w/ his telling you that DP had no knowledge of said letter, so which is it? pony up and scan the letter, redact the contact info if need be).

atchafalaya

climber

California

Apr 16, 2007 - 07:16pm PT

wow, people are still going on about the DP/Delicate Arch thing? Cawwwwwwww....

Anyone ever pour cocacola on a porkchop?

Crimpergirl

Social climber

Hell on earth wondering what I did to deserve it

Apr 16, 2007 - 10:04pm PT

For those who asked:

CEASE AND DESIST

RE: Not All Roses
Infringement of Right of Publicity; Defamation; Invasion of Privacy

Mr. Hampton:

My name is......... and I represent Mr. Dean Potter. It has come to my client’s attention that you have publicly released a song titled “Not All Roses” (hereinafter “NAR”) which is available via streaming audio or MP3 download at soundclick.com, specifically at the following URL: http://www.soundclick.com/store/bySong.cfm?songid=5187809. Furthermore, on April 2, 2007, you posted on the Mountain Project website a link to the NAR song.

On behalf of Mr. Potter, I demand: (1) that you immediately cease all distribution of NAR in any format, by any means; (2) that all copies, including electronic copies, of NAR be expeditiously destroyed and immediately removed for sale/download from all stores/websites, including, but not limited to soundclick.com; (3) that you remove from Mountain Project any and all links to NAR; and (4) that you desist from any other infringement of Mr. Potter’s rights now or in the future.

The legal theories under which these demands are made follows:

Right of Publicity
The right of publicity is the inherent right of every human being to control the commercial use of his or her identity; this right is based in state law that created an intellectual property that when infringed upon is a commercial tort of unfair competition. To establish infringement under this right, it must generally be established that: (1) defendant used plaintiff's identity or persona; (2) the appropriation of the persona was for the defendant's commercial advantage; (3) the plaintiff did not consent to the use; and (4) the use is likely to cause injury to plaintiff. Since Mr. Potter has not given you permission to use his identity commercially, and since continued negative emphasis of Mr. Potters legal climb of Delicate Arch is likely to cause him injury, the distribution of NAR for profit satisfies all of the elements above.

Defamation
To establish defamation, the following must exist: (1) A false and defamatory statement concerning the plaintiff; and (2) an unprivileged communication to a third party; and (3) fault by the defendant amounting at least to negligence if not malice or reckless disregard; and (4) special harm, damage to reputation, or the actionability of the statement irrespective of any special harm. Here again, NAR’s publication establishes all elements, specifically NAR: (1) implies some illicitness to my client’s legal climb of Delicate Arch; (2) infers statements from a first person perspective that are false; and (3) falsely portrays the situation and circumstances under which the Delicate Arch video was given to the media.
Invasion of Privacy
To establish invasion of privacy, the following elements must be satisfied: (1) the false light in which the other was placed would be highly offensive to a reasonable person; and (2) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed. This letter shall put you on notice that Mr. Potter unequivocally finds NAR offensive for it’s falsity; thus, should distribution of NAR persist, the tort of Invasion of Privacy shall be positively effectuated.

Should you not comply with this letter we will be pursuing injunctive relief, as well as damages for: mental distress and anguish; commercial loss in the form of future potential earnings; and punitive damages, among other legal remedies. If I have not received an affirmative response from you indicating that you have fully complied with the requirements herein by April 20, 2007, I shall commence formal legal action against you. I will accept your response via post to the address listed above, or via e-mail to