X-Message-Number: 7621
Subject: Visser's last stand?
Date: Sun, 02 Feb 1997 16:32:17 -0500
From: "Perry E. Metzger" <>

> From:  (Michelle Olga Visser)
> Cryopreservation Technologies (SA) reserve the right to sue for
> damages from the "publishers" sustained following these "disclosures"
> damages being in whatever form they occur.
> These damages extend to the Virodene P058 speculations, possible
> miss use of the inn correct drug or dosage by desperate "net surfer AIDS
> patients" or subsequent information, the total of which we hold Mr. Saul 
> Kent et at personally responsible and liable.

Blow it out your ear. You can "reserve the right" to sue the Pope for
disclosing the crucifixion, too, and I think you'll get just about as

I invite you to sue me, or anyone else. Try, Dr. Visser, I dare
you. Unfortunately for you, you don't have a single leg to stand on,
and also unfortunately for you, folks around here know it.

You've made a major mistake here. You see, I've been threatened by
far, far better threateners than yourself, and I'm quite familiar with
the laws on the subject. It is extraordinarily difficult to sue people
for what they say.

1) Truth is a complete defense to any charge of libel in either the
   U.S. or any other common law country.
2) There is no law in the that prevents anyone who isn't
   contractually bound to maintain a secret from disclosing it
   anywhere at any time they like. (There are such things as trade
   secrets, but violating them is only a problem for those bound to
   maintain the secret).

The only way you could successfully sue me, or anyone else, is for

1) Libel if you can prove -- and I mean *PROVE*, both that what they
   are saying is false (burden of proof is on you, of course, which
   means you'll have to disclose your documentation about your
   clinical studies and work in open court, after which anyone can
   pick up copies of the public record for copying costs), and if you
   can prove -- and again, we mean *PROVE* -- that they wrote with
   malicious intent. Its rather hard to do either -- proving both will
   likely be impossible. The burden of proof by preponderance of the
   evidence lies, remember, with the plaintiff, not with the defense.
2) Trade secret infringement if they had a prior business relationship
   with you and violated agreements to maintain trade secrets. Thats
   also pretty much impossible here since no one other than Alcor and
   C.I. have any sort of business relationship with you. Everyone else
   has a perfect right -- especially in the U.S. -- to write whatever
   they like.

So, sue away. My lawyers await your process servers. Anyone else
involved in this discussion has about zero chance of being
successfully sued by Olga "I'll Sue! I'll Sue!" Visser.

You're obviously on your last legs if the only thing you can do is
threaten to sue people for disclosing your "discoveries". Attempts to
silence your opponents tend to be the last stand of the
scoundrel. Frankly, your entire operation smells to high heaven. Maybe
you aren't a fraud, but you're acting pretty damn close to the way
frauds act, and until you stop acting like a fraud and start acting
like a scientist there isn't much reason to think otherwise.


Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=7621