15 Июня 2019, Timur Kvolkidi писАл к Bender Rodriguez следующее:
BR>> 2002. Суд отклонил иск экскоммуницированного экс-сисопа Helmut BR>> Hullen к Ward Dossche. Helmut требовал восстановить его в BR>> нодлисте. Разбирательство продолжалось два года. TK> В смысле? Прямо в реальном суде дело разбиралось?
Ага.
TK> А из-за чего Хельмута отключили?
=== The F I D O N E W S Volume 21, Number 44 01 Nov 2004
Helmut Hullen and Money From: Ward Dossche, 2:292/854
Dear All,
Between late-2000 and mid-2002 the then and now former-sysop Helmut Hullen waged an international law-suit against me in order to become re-instated in the Fidonet-nodelist.
On June 14th 2002 the court rejected all of the claims of Helmut Hullen with the following arguments: <quoted from the ruling>
* Plaintif has not established an error by the defendant nor did he succeed to demonstrate having suffered any damage;
* Plaintif was not stopped from discussing his perceived situation with others, hence no error by the defendant was demonstrated in this field;
* Not-following not yet approved guidelines and internal procedures [i.e. RegPol24 which was approved only at a later date] by the defendant is not an error as described by the Civil Law articles 1382-1383.
* The plaintif has not demonstrated in which way he is harmed by the non-communication of people who do not want to communicate with him;
* Failing to observe the internal rules of the network [i.e. failing to properly appeal along the *C-chain] and not exhausting the hierarchical opportunities this offers [prior to addressing a court of law] voids the possibility of the plaintif to claim his rights were abused
(square brackets contain clarifications not part of the official ruling and were added by me for the benefit of the unsuspecting reader)
As a result Helmut Hullen's technical situation was not changed. He remains barred from participation in Fidonet.
Some 2-3 months ago Helmut Hullen formally requested to be re-admitted into Fidonet as a point-operator. A civilised exchange of mails occured to allow him the courtessy to present his case.
He was informed that through his lawsuit he caused me a cost of 1.403 Euro for my lawyer, this is quite cheap (for our American readers about $1,700). The full-impact of this expenditure which was caused by Helmut Hullen's action was softened by an incredible support-campaign of zone-2 sysops, mainly in region-24, where dozens of people contributed in solidarity to spread that cost over a large group.
Mr. Hullen was subsequently informed that it is only civilised that he FIDONEWS 21-44 Page 3 1 Nov 2004
undo the damage which he caused so I offered him my bankaccount for refund of these 1.403 Euros.
On October 20th last these 1.403 Euros indeed made it into my bank-account.
I now intend to refund the kind contributors from 2002 for their support in the court-proceedings. I understand the following scenarios are possible:
* The person who donated money has left Fidonet and wants no part of it;
* The person who donated money has left Fidonet and appreciates a refund;
* The person who donated money has left Fidonet and cannot be traced;
* The person who donated money still is in Fidonet and wants no refund;
* The person who donated money still is in Fidonet and appreciates a refund.
In the coming weeks I will attempt to contact everybody who is on the list of donors. This list has been made public way back in time so there's no secrecy about the identities involved. Some people remained anonymous but perhaps Udo Zaydowicz, who ran the collection-effort and also left Fidonet in the meantime, can help there.
As a result from this communication-effort refunds might be made, though from preliminary contacts I learn that people may also consider funds originating from Helmut Hullen as "blood money" and want no part of.
Funds which cannot be returned to their original contributor will henceforth be donated to a worthy humanitarian charity. Non-partisan as well as non-denominational initiatives like the Red Cross, Docters Without Borders, Unicef and others come to mind and will be discussed with the concerned people.
As for Helmut Hullen's status in Fidonet, it remains unchanged. Any belief or allegation that a person can buy himself or herself with real money a spot in the nodelist or as a point-operator is hereby reduced to zero. Any allegation of real-life corruption is ridiculous.
Thank you everybody for your attention.
\%/@rd Dossche ZC/2
===
Кстати, через несколько лет Вард Гельмута таки восстановил, после того как тот выплатил всем пострадавшим (в том числе и Варду) судебные издержки. А в 2016 году Гельмут скончался.
=== The F I D O N E W S Volume 34, Number 11 13 Mar 2017
Helmut Hullen and the root of "Crowd Funding" Ward Dossche - 2:292/854
Helmut Hullen passed away September 19th 2016 -- already nearly 6 months ago.
For a while I wondered if his death should be commemorated in Fidonews -- or not -- if there's nothing good to be said, maybe it's better to stay quiet.
A while ago however I stumbled across some messages in German chatgroups where his name popped-up and although the same person, they described someone completely different than how we have known him in Fidonet.
For me Helmut was the source of much controversy in R24 (and beyond). He took me as Z2C to court in 2002 over his excommunication and he lost basically on 2 points:
1) The Fidonet *C-structure as a group of individual people are well within their rights in a non-profit environment if they desire not to communicate with a person
2) Due process as described by the internal rules (i.e. P4) was not followed by skipping a level and thereby forfeiting any right to appeal at a higher level.
But unintended Helmut Hullen caused, what I believe is, the very first crowd funding campaign in the networked world. The cost was pretty high and Udo Zaydowicz, of 2:2426/1111, who in the meantime is not in Fidonet anymore, started a campaign and raised more -- way more, than needed to cover my legal expenses. It made my day -- it's nice to reminisce today of what Fidonet was capable of in those days.
The people who were involved in that very first crowd funding campaign ever, and who as such unknowingly wrote history, are:
7 x anonym !! Bashe Robert Beelitz Frank !! Bomanns Heinz-Josef Capito Andreas !! Cichy Adolf Dossche Ward (R29) !! Dresdner DFUe-Verein Dukelsky Michael (R50) !! Dueker Sven Dworak Werner !! Ellermann Carsten Flier Hans-Joachim !! Friedrich Falk Grimm Oliver !! Haensch Stefan Iburg Carsten !! Kannegiesser Andreas Koeppen Klaus !! Konezna Walter Mandel Peter !! Marx Sebastian Mothes Ralph !! Muehlbacher Torsten Neut Herman (R28) !! Olsen Kaare (R23) Ott Hartmut !! Paulsen Frank Petz Michael !! Point 21 FIDONEWS 34-11 Page 3 13 Mar 2017
Pose Peter !! Richter Kai Rima Sean (R26) !! Rudolph Gisbert Schroeter Ulrich !! Seiffert Thomas Sievers Joerg !! Troeger Gerd Weihgold Jochen !! Woick Alex Zaydowicz Udo !! Zosel Thomas
Several of these names have in the meantime also faded away, even in real life -- Gisbert --
Helmut several years later privately requested to be reinstated and was informed he had to refund the legal costs which he caused. He complied and entered the nodelist again. The monies were returned to the original donors if they could be traced and if not, or when refund with international money transfer was too expensive, donated to "Docters Without Borders" who had no clue who or what Fidonet was.
Then September 19th 2016 occurred. I cannot say a very dear friend of mine passed away but his passing was a loss to someone and therefore worth a few moments. If there's something that can be said about Helmut Hullen and Fidonet is that he definitely left his mark and faded into Fidonet-lore way before he physically faded away.
He was not an easy person to be confronted with, not just in Fido but also for his employer and others, but I also discovered another facet of a complicated man, someone totally different than the one I came to know via a lawsuit. Helmut Hullen was an educator who loved to teach when he wasn't suing and was well respected and liked by his peers as well as his pupils.
I read very friendly comments about him related to the "Braunschweiger Linuxtage" where he was described as "a person full of humor well known for his teamspirit and problem solving attitude".
As with a lot of people, you probably had to learn to know him away from the keyboard, face-to-face, breaking bread and sharing a beer before condemning him into eternity.
Helmut is mourned by his wife, his son and other next of kin. It is a loss to them, therefore it is a loss to us.
For those who like riddles, the announcement of his passing away in the local newspaper carried the following message:
