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Date Posted: 15:11:35 03/27/02 Wed
Author: Michael Pyshnov
Subject: Re: Go after rights you can get in court in right jurisdiction.
In reply to:
Clarence Darrow
's message, "Go after rights you can get in court in right jurisdiction." on 15:17:32 03/26/02 Tue
Why do you think that the law will work against copyright violation, when it refuses to work against fraud?
Where do I get a lawyer, when not a single law firm wants this case?
I am not discussing loss of moral values, I am saying that the rule of law must be restored and criminals must go to jail. This is why I put documents on my web site to be seen by people who were not yet subverted.
In particular, for the claim of copyright violation you need passages from the original text to be copied, but there was no such original text: I was told not even to bother writing my thesis, it would not be even considered. The papers in question were not even written by me, but by my supervisor who put her name on them fraudulently, it's her text and I do not dispute it.
She, also, wrote a review paper when I was still there; she wrote it literally a week or two after I finished some crucial experiments. She asked me if she can include in it my research and I said yes. I, however, asked her not to publish there these latest results because I wanted them to appear first in my thesis. She agreed. But when I received from her the reprint of this review, I found that she put these experiments at the end as the ones that she is sort of planning to perform. (They, of course, were, as a matter of fact, already done by me!) I asked very politely why she published them contrary to our agreement. But, what this prostitute of science could answer? She said that I don't know how science is published! Then, reading this review, it became clear to me that it was written solely for publishing my research! There was not a single reference (among some 160 references) to her own work, there was no such her work! But, there was a reference to one my earlier paper.
The theft and the fraud is in the fact that I worked and I developed the theory and ideas and technique, while all this is published under her name (and in her own words).
Even the word "plagiarism" in its popular meaning does not describe this crime accurately, because there was no my published or unpublished papers on the subject of my Ph.D. research which were plagiarised. However, part of the definition of plagiarism indeed includes passing off the ideas and work of another man.
In U.S., such things (false claims of scientific achievements made with the use of governmental money) bring FBI people to the lab to gather evidence. In Canada, well, you can see in my documents what is going on in Canada.
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Re: Go after rights you can get in court in right jurisdiction. -- Clarence Darrow, 20:44:06 03/27/02 Wed
I know you must be furious, but do not let that get in the way of your legal rights and how to get your day in court. It is interesting that you defined plagarism as:" part of the definition of plagiarism indeed includes passing off the ideas and work of another man.", since that is very similar to the Common Law tort of unfair competition.
As for copyright infringement, you must show a substantial taking of the expression of your work. If your work and your experiments were new when they were taken and published by your supervisor, then you should have a good case against her for a substantial taking of your copyrighted work and of unfair competition by using your research to publish similar to the disertation and/or articles you wanted to publish.
If you want your day in court, see a torts lawyer who specializes in copyright infringement and unfair competition. If you wish to tilt at windmills, so be it.
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Re: Go after rights you can get in court in right jurisdiction. -- Michael Pyshnov, 08:44:49 03/28/02 Thu
Right, unfair competition. Here is what it amounted to.
My Statement of Claim says "malicious breach of fiduciary duty". Larsen, as a fiduciary trusted with all my data, had to care for preservation of originality of my research as it had to be published as my Ph.D. thesis. (Note also that I had no obligation to publish any articles in the journals.) As the law of fiduciary goes, fiduciary has no right to compete (fairly or unfairly) with the beneficiary in the related business. Obviously, there can not be any "fair competition" here as I had to disclose everything to her as supervisor. Her position as trusted supervisor prevented me from guarding my research from her as I would do with a stranger. Moreover, science encourages the exchange of ideas; researchers have to rely on honesty of colleagues.
What she did was not just a competition, but fraudulent claiming of my achievements as her achievements, and, on the other side - in university settings - stealing, taking away the credit which, otherwise, I would get for my ideas and work as a Ph.D. student. At the same time she prevented my writing of the thesis, i.e. certification of my work with my authorship and copyright, and she even removed me from the lab on a false pretext. In her later explanations, she gave two different versions of this pretext.
Larsen did not publish "similar" things, she published the very same things for which I had to get academic credit.
There is no lack of proof: the U of T admitted that she repeated/replicated my experimants, and that my research was based on my own previous, published article, etc. There is a good dozen instances of Larsen's lying in the documents. Her credibility would be totally destroyed in the first hours of trial.
There are 22 law firms in Ontario specializing in intellectual property (on Law Society list). Of them, 19 firms declared "conflict of interest", i.e. close connection with U of T. One guy said he had no time for me and one firm had no money for me and also too busy. And one firm answered this: "There is not much intellectual property here, it's more just a fraud". The Institute for Intellectual Property also is "in conflict".
Where do I go to get my rights?
There is a Human Rights Association here (the right of authorship is in the Universal Declaration of Human Rights). The Head of it, Allan Borovoy, very well known figure, said: "Forgive me, forgive me, I can not take your case." The second person there after him - Daniela McLaughlin - was a technician at the same Zool. Dept., close friend of my supervisor, Larsen. Her husband, H. McLaughlin (did Ph.D. in the same Dept.; presently - Ontario Science Centre) became co-author with Larsen of one of the stolen from me articles (see my references).
There is Ontario Human Rights Commission; they consider only "discrimination" cases.
And another thing. One of the branches of cell biology to which my reserch gave new understanding is, presently fashionable, stem cells research. I see many articles where the understanding is very poor, many misconceptions about fundamental facts. Do I have to say: "There was my research in the U of T, showing such and such things, but, sorry, it was stolen"?
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Fraud, Human rights, and Mr. Pyshnov -- usg17, 03:32:55 11/27/02 Wed
I think that GSU expertise is heavily involved in this matter. It looks to me that a number of different people with expertise in many different areas have created this document and that GSU is using this case as part of it's power struggle with U of T.
For me, this has now become an interesting puzzle to solve.
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GSU -- Michael Pyshnov, 06:34:28 11/27/02 Wed
Which document was created by a "number of different people"? GSU Appeal? It was created in this way: I proposed a short version. They expanded it. Then, for more than a month, I was coming to see James Hoch and each time a couple of words were changed. I looked after keeping it correct with respect to facts and documents. He would then take it to the "executives" of the GSU to check political correctnes of each new amendment. The "executives" would introduce some mistakes again. There were about 6 such turns. I never was allowed to see these "executives". In three years of my attempts to urge GSU to do more than this Appeal, they were not moved. James was lying, trying to maintain hope in my mind, saying FOR THREE YEARS: "next week GSU will discuss your case at the meeting". GSU was THE organization which had to defend me and if they had done it in a minimally proper way - the problem would be solved in one month. But, everybody wanted the victory for the criminals, absolutely everybody who had any power. Why they issued this Appeal? Apparently, U of T needed to warn professors to stop stealing, they did not need the next such case (yet, it happened in another Dept.) GSU at every step works together with administration, there is no power struggle (except one for the public spectacle). The problem was also that I was polite, never said: Why the hell you are lying for three years? And they took it as my naivety and were satisfied with such situation very much. See my link "Protest on campus" for more on GSU.
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GSU -- usg17, 21:12:38 11/28/02 Thu
The above reply to may earlier post looks 'authentic' but would also be exatly what I would expect if this is a 'cover' for a GSU operation aimed at the U of T administration. Even if GSU works hand in glove with the 'administration' sham or real power contests are still possible.
There is a 'Michael Pyshnov' who lives in what appears to be public housing in a suburb of Toronto, Ontario. But -for me - the puzzle remains 'what is the role of GSU?', 'what is the relationship of this whole project to the the U of T 'administration'?', etc.
In my own personal experience at another University such convoluted relationships seem to be routine. I know - from personal experience - that a 'power structure' like a major University controls and can unleash a variety of powerful yet 'deniable' forces.
For me the puzzle remains. Best wishes to whom ever I am corresponding with. If the previous reply came from 'Michael Pyshnov' then a Happy Holiday season to you and may 2003 be a really good year for you.
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Their role -- Michael Pyshnov, 07:14:28 11/29/02 Fri
Their filthy role was played from the position of a party which was on my side, of course, not really on my side. This is a traditional Canadian game - "We do not play, unless we play both sides" - to the tune of the national anthem.
The goal - to drag time; to bring me, as quietly as possible, to the moment of my death. What can make it more quiet than supplying me also with people who are "on my side"?
That will not happen the way they are planning.
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GSU friend, foe, or both -- usg17, 03:26:30 11/30/02 Sat
Your reply seems authentic. I also had an experience where the person who helped me may have also organized the effort to destroy me.
Again, may you have a really good 2003 and - if there is a God - may blessings flow to you.
I feel that I have had similar experiences and at this moment my health is good, I have some money, and I think I know how to deal with 'THEM'.
Best wishes and sincere good will to all who read this.
Feel free to write to me at the above e-mail address. However, if you have the expertise to find my real name, I would consider it a gesture of good will if you did nothing or at least went no further than sending me an e-mail but did not publish my name in any other way.
Again sincere best wishes and heartfelt good will to all who read this. I have the misfortune of knowing too much of what the system can do and how it can do it to anyone who questions what splendid human beings and sincere professional they all are.
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Thanks -- Michael Pyshnov, 05:53:27 11/30/02 Sat
Thanks. Thanks.
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Michael Pyshnov -- usg17, 03:46:41 12/01/02 Sun
Mr. Pyshnov:
I hope that you do not fing the following question annoying, but in the appartment building that you live is your appartment on the east, west, north or south side of the building; how far is your building from young street, is it east or west of young street?; is your building next to a public park?; what floor do you live on; is you building a hollow square?; how long does it take to walk to the nearest subway stop?; etc.
p.s. I have no problem with GSU involvement in this project. Mr. Pyshov was dealt with shabbily and GSU is doing a service to the academic community by publicizing this case. Power corrupts and absolute power corrupts ABSOLUTELY. Even though I am a retired Proffessor, I declare without hesitation or reservation - Professors have too much power over Ph. D. students and administrators have too much power over Professors. Also, politicians have too much power over the administrators, business people have too much power over politicians, money has too much power over business people, and last but not least a feeling for human decency has too little power over all the players in this game.
Again, best wishes and if God exits then also God's blessing for all who read this.
As we consider the meaning of this holiday season, may none of us find ourselves crucified and if they think that they have succeeded in destroying some of us, may we appear to be resurected from the dead.
May the force of human solidarity triumph over fear, greed and intimidation. May those who know how to make us tense and nervous decide that they can accopligh their legitimate purposed by using gentler, more civilized methods.
Once more, a great and happy Holiday Season to all who read this. GOD BLESS!
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