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From: J>
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Cc:
Date: Thu, 10 May 2012 16:14:45 -0400
Subject: Re: [republican-699] Fw: Ted Cruz Needs Your Help
It's really very simple. There are two honest liberty candidates in the race, Ted Cruz and Glen Addison. They are the real deal. Everyone else in the race is an establishment politician a la Kay Bailey Hutchison or John Cornyn.
If people don't rally behind someone else, Dewhurst will win it in a walk. If we all rally behind someone REAL HARD, then maybe, just maybe, someone can force Dewhurst into a runoff. If that doesn't happen, get used to saying, "Senator Dewhurst" for the next 6 years.
Now, lets look at the two of them. Cruz has enough backing and is charismatic enough to have a ghost of a chance. Addison doesn't. I'm sorry to admit that. I like Glen, and I would be thrilled to have a runoff between Cruz and Addison, but it's not going to happen.
Glen's campaign manager is Phil Pepin. I've know Phil for quite some time, and he's a decent guy. But early in the campaign, he decided that there wasn't room in the race for two liberty candidates, so instead of attacking Dewhurst, he decided to attack Cruz. Personally, I think that's one of the dumbest things Phil has ever done, at least politically. I've spoken with Phil about this. We've agreed to disagree. He also seems to believe that Ted is a really bad person. I think he's wrong about that, too, but everyone's entitled to their opinion.
We came to a battle of words about the time Phil started running the Chinese Tire Company ads. Like I do when confronted with something like this, I do the research to get the details. And here it is, the real story:
A guy in New Jersey started a tire company. One of his lines is tires for mining equipment. He developed some new tread designs for mining equipment tires, and patented them. As an engineer, I don't see that his tread designs are all that earth-shaking (no pun intended), but a patent is a patent, and should be honored.
Now, no Chinese tire company came looking to steal his tire designs. Rather, one of his own American sales reps decided to do that. These tires are sold exclusively overseas; they are for a particular underground mining market, and there is practically zero demand for them here. I believe his biggest customers are in Africa. The sales rep contacted a tire company in the Middle East (Yemen, I think) that was a joint local-Chinese venture, and found some corrupt individuals in that company who were willing to pirate his boss's tire designs. Problem was, the Yemeni-Chinese tire company only MARKETED tires, they had no capability to manufacture them.
So the thieving sales rep and his corrupt buddies went shopping for a tire company to actually make the tires, and they settled on one of the largest PRIVATE tire companies in China. This is a fact that I seem to have trouble getting Phil to understand. China, just like the US, has both state sponsored (think, USPS) and private (think, FedEx) companies competing in the same markets. Of course, in China, the mix of government and private companies is very different, and several industries (tires included) have been targeted by the Chinese government for the continued presence of large state-sponsored companies. This doesn't change the FACT that the company the crook and his buddies settled on was a PRIVATE company, just like Goodyear or Dunlop or Bridgestone. Phil insists they are Communist, and they are not.
That notwithstanding, the American crook and his corrupt Yemeni and Chinese buddies approached this Chinese tire company and contracted with them to make the tires. Settling on a tire design to produce actually took several months. There is correspondence entered into evidence that shows the crook was aware that the orginal designs belonged to his employer, and that he tried to modify the tread patterns that he sent to the Chinese tire company enough that they wouldn't be detected as copies once entered into service. Whether or not the Chinese company that actually made the tires knew that the tread patterns were knock-offs is not established. There is some evidence that one of their mid-level managers, a Chinese female, knew this, but it seems that she concealed this fact from upper management. I'm not putting it past them that they knew about this, but it seems that nobody has proof that they did.
So the Chinese company made the tires with the quasi-knockoff tread, the Yemeni-Chinese company marketed them, a mine in South Africa bought them, and the inventor and boss of the crook found out. He sued everyone, including the Chinese tire company who made the tires, in US court...remember, he's suing a Chinese tire company for making counterfeit tires in China according to a contract with a design specification given to them by a different Yemeni-Chinese tire company, and sold first to Yemen and then resold in South Africa. The inventor claimed he had standing to sue the Chinese tire company in a US court of law. The Chinese tire company claimed that under both US and international law, suit could only be brought against them in China, Yemen, or South Africa, not the US. The US judge ruled against them, and the case ended in a victory for the inventor (and judgement against the Chinese tire company).
It may seem reasonable to you that the US inventor had standing to sue in US court, but consider this...what would be to stop him from suing again in Canada? In Mexico? In Russia? In Moldova? There are laws governing this sort of thing, and there is a very good case that the US judge ruled incorrectly that his court had jurisdiction to hear the suit. So, the Chinese tire company appealed the ruling, as is the right of any party in a civil suit.
Now, what has all this to do with Ted Cruz? Why, at the time, he was an appellate lawyer...the specialist you hire when you are appealing a decision that went against you. That was his job. Now, of course, he could have decided to take the case or not take the case, but consider this...does a Chinese company ever have any right to justice in an American court? Should they always be denied justice and denied legal representation just because "they're all Communists'? If the US legal system always operated on that basis, what do you think would happen to foreign trade in the US?
Well, Ted took the case. And that's the end of the story. It's still under litigation, and the Chinese tire company is still trying to prove that the earlier decision was improper and should be thrown out. And the law is the law, and if it was an improper decision, then the verdict should be thrown out, and if it was a proper decision, then the verdict should stand. But I think it is very presumptuous for you or I or Phil Pepin to decide that the decision HAS to stand just because "the Chinese are all crooks, Communists, and spies", when in fact the judge in the lower court may very well have overstepped his authority. Anyway, it's Ted Cruz's job, once he decides to take the case, to act in the Chinese tire company's best interest, and to advise them to fight when they have a good chance of overturning the verdict, and to advise them to settle when the odds are against them. And that is the sum total of Ted Cruz "working for the Communist Chinese who stole US intellectual property".
I suppose that it's a good thing that nobody from Mississippi was ever sued by someone in a court in Illinois about 175 years ago. Else some hotshot Illinois lawyer named Abe Lincoln would have had his political career forever tarnished because he "worked for a Slaveowner who was trying to ruin an innocent Abolitionist".
