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Posts Tagged ‘Sasquatch’

We pulled up the filing to provide some more information for readers.  While it includes information such as address and phone number, we will refrain from publishing that data.

The action is for copyright infringement and defamation.

Hovey contends the following facts (we are leaving some of the assertions out for brevity sake):

In late 2008 she formed the American Bigfoot Society.  In late February of 2012 she secured the exclusive rights and priviledges in and to the copyright of a photograph known as the “2012 Bigfoot Photo”.  The certificate of registration is included as an exhibit – Hovey is listed as the author and that the author created a photograph(s).  The certificate is in her name, not the ABS.  The actual photographer’s name or location are not mentioned, at least not yet.  So one of two things must be a fact to make this assertion; bad news for the rest of the ABS, the ABS is Hovey exclusively, or she posted the copyright incorrectly as it is in her name but ABS on what was put out on the net.

Poling infringed upon this copyright continuously since late February of 2012 resulting in irreparable damage to Hovey.  Hovey notified Poling of the infringement but it has continued.

Poling posted material online, both written and video, containing false statements about Hovey, including, but not limited to, Hovey stealing money, stealing the material relating to the copyrighted photo, used the photo for monetary gain rather than research, released video for the purposes of fame rather than professionalism, was an amateur, and filed false claims under a digital copyright act and received funds for participating in conferences.

The above acts caused damage to Hovey’s business (bigfooting  and the ABS?  again the rest of you’se folks of dues paying members and bored do not count) and reputation as she has since had to close memberships to her organization, received threats from members of the community (we really hate that word when talking bigfoot, it is more a bunch of tribes and fiefdoms) and suffered emotional distress.

The Four Counts she brings against Poling:

1. Copyright infringement – Hovey has suffered and continues to suffer damages

2. Defamation – Hovey suffered special harm from the material Poling posted.

3. Defamation Per Se – Hovey suffered from Poling’s words as it injured her trade or occupation.

4. Conversion – Poling used Hovey’s property and she was damaged by that action.

What Hovey wants:

A preliminary injunction to end Poling’s action (as it relates to the photo and other content, we guess).

Relief from the court finding Poling has engaged in copyright infringement, defamation and conversion.  And the big ones, damages, cost of action and reasonable attorney fees for copyright infringement, defamation (two counts) and conversion.  Damage award sought is in excess of $75,000 on all counts – not sure if that is a total or $75k per count.

No opinion or editorial statements just yet, we will let people stew over the above first.  Well, we did include a few observations.

 

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It’s been filed for over a month, but we have not seen anything mentioned.  So it is possibly an exclusive, breaking news from the BFE.  We will be accessing court documents soon, the filing should be illuminating.   If someone else wants to do that legwork, have at it.  The info you would need appears below.

Some words come to mind, unkind words.  Let’s just leave it at she is a nuisance, in so many ways.  We are unhappy that an overworked court with scarce time has to expend any of it dealing with this.

Case Filed in:  Federal Court, Northern District of Ohio, Toledo

Case #: 3:2013cv00615

Filed on: 3/21/13

Plaintiff demands trial by jury

Some background info:  Hovey claims to have received a picture years ago.  Others also received it.  Hovey issued an ultimatum to the picture taker and eventually published it with a copyright to the American Bigfoot Society, one of those self-founded organizations where the person claims the dictatorship.  Poling makes a video and posts on youtube panning the picture and the whole copyright strategy.  Others also publish the photo, which is widely panned.  Hovey threatens Poling and  black lists Team Taze Bigfoot.  And about one year later she ponies up the $350 filing fee and sues Poling individually in federal court on a copyright violation.

An interesting cached post about the nuisance, we saw a pattern long ago, it continues.  Confirming evidence that her version of fieldwork is sitting by a fire in the field, we’ve heard that one before and it crops up again.

http://webcache.googleusercontent.com/search?q=cache:eTzKxDpHyDQJ:bfsearcher.blogspot.com/2013/04/my-rebuttle-against-ohio-bigfoot-hunters.html+hovey+sues+bigfoot&cd=14&hl=en&ct=clnk&gl=us

 

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superdave2

And they are increasing ticket prices 75% to pay for him.  Another great decision for the original conference of Big Stinkery.

We could spend a great deal of time talking about Super Dave’s background.  From negative reviews of his presentations,  to questionable behavior (six paragraphs below the grinch), to getting arrested for an autograph swerve (read to the bottom), to slipshod writing,  to more bad reviews hinting that Super Dave is supercilious ,(that’s an even better handle for him Supercilious Super Dave – kind of rolls off the tongue, eh?), to more slipshod writing ,   to being uninformed  and intellectually bereft in making circumstances fit his personal theory,  to his multiple claims of innovation (affidavits, the massacre theory) that are simply buzzarding the work of others.  We read one of his early books, there were inconsistencies and missed questions, hardly the work of a professional investigator, or at least a competent one.  Let’s just say in our opinion Dave is not so super and likely has a disdain for most of the people who will be attending Creature Weekend as he views them as amateurs and rabble, hardly worth picking up the speaker fee the attendees are funding.

But all those problems and issues with Supercilious Super Dave pale in comparison to his involvement in captaining the SS DNA Titanic – The Ketchum “Study”. In his own words:

“Regarding the DNA Study

The world needs to understand that North America Bigfoot Search was the organizer of the study. We orchestrated the search that led to picking Dr. Ketchum to conduct a study of bigfoot DNA.”, and

“Dr. Melba Ketchum is the star of this team. Yes, we did interview a variety of scientists prior to enlisting Dr. Ketchum’s services, but she had the interest, background and demeanor to work with a variety of personalities and professions and be successful in the endeavor. Without Dr. Ketchum’s nonstop commitment to this study, it would never have reached the point it has today. She has attempted to balance a myriad of interests while keeping a professional and polite demeanor; she should get a gold medal for her efforts.”

All we can say is way to go Super Supercilious Dave (cool, we can interchange the two words – this combo is even better).  What keen investigative skills and judgement you have.  You picked someone marginally qualified who turned out to have a terrible business reputation with the BBB, Texas and creditors,  was sued for patent infringement and, in our opinion, has less than stellar  integrity given how this is spinning.  And she delivered magnificently.  The story of the journal has broken down, the science is broke with the hybridization theory totally shredded by a real geneticist and the best conclusion on method is contamination.  Forget bigfootery gold, you managed to mine and refine bigfootery rare earth minerals.

Can it get worse?  It has.  The claim of peer-reviewed went into the gutter with the inclusion of April Fool’s papers in the article citations – those would have clearly been picked up in a real peer review process.   The excuse/spin that a reviewer/referee insisted upon inclusion, a desperate attempt to fix a huge leak.  Be honest Super Dave, have your carefully selected, “scientist” prove it.  And then the newest allegations coming from Justin, kickbacks, destruction of specimens, could it be worse?  Just maybe.  Will an enterprising attorney realize that Super D’s carefully selected “scientist” use of a forensic DNA lab which was contributing to the  study, which is now being panned for contamination and poor methodology, was also used by a DA to convict their client suddenly have a new basis of appeal and reversal?  That’s some serious doo doo, and we are not talking about the doo doo that was processed for DNA.  The SS DNA study has developed a serious list, will Captain Super Supercilious Dave find a way to elbow the women out of the way and abandon it?  We look forward to that spin attempt given his key roll in organizing, orchestrating and selecting the star.

Here’s our macro concerns with the study and the fine investigative work of Super Dave that organized it.

  1. It is highly doubtful that the next DNA study of bigfoot will be taken seriously by the scientific community, or the mainstream media.  We have learned that in life sometimes that really great opportunity only comes up once, thanks to Super D it was wasted.
  2. A ton of money was spent and what did those benefactors get for their bucks, not much, unless you count embarrassment.  Resources were diverted from better bigfootery ventures and getting that money to flow again will be much more difficult.  Who could  fault Wally from simply walking away from bigfootery thanks to Super D and the vet?
  3. Some potentially valuable samples were lost thanks to the organizer of the study and the vet “scientist” he selected.
  4. Those that snicker at bigfootery can now laugh openly, anyone trying to sell this “study” will show bigfootery as being populated with gullible simpletons.   The good news is there are few survivors hanging on to the flotsam of the SS DNA study.
  5. An obvious failure as a professional investigator to select an appropriate “star” for the team, due diligence is something that should be done when six figures are being invested.

We are hopeful that some of the marks that pay the fine profitmongers ( a 75% ticket price increase just might turn a profit) of Creature Weekend to be subjected to an hour talk on how super Dave is will get a chance to ask some questions of him.  We may work on our Top 10 questions to ask the organizer and star selector.

We’re not sure who has the worst judgement, the organizer of the “study” or Art, now Newman, and crew.  A match made in the stars, similar to the “scientists” conclusions of the DNA “sequenced”.  How perfect for Super, a product he can sell to both your bigfoot and ufo audience.  The grand unified theory of ufos, bigfoot and evolution just had the cornerstone laid, perhaps it is historic.

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How can one disagree with that appraisal?  Two body hoaxes and now the Ketchum/NABS/Paulides affair in less than two months, what a start to 2013.  Bigfootery is alive and well and, although hard to imagine, is spiraling down in an even more rapid descent.  We have genuine fears for the topic and “bigfoot research”, the carnival barkers seem to be getting more brash and the marks seem to be an easier dodge.  Our internal BFE discussions attempting to explain what is happening come back to a few threads we have touched upon for years, churn, greed, ego, cults of personality, general bigpuffery, perhaps desperation – but the scale – it’s growing exponentially.  And the noise, it is giving us a collective headache.  And the bigfootery, simply shameful, making anyone remotely interested look foolish.

First came Mr. Ed with the Daisy hoax.  It fell apart pretty quickly, he catfished a number of researchers, they eventually ducked and covered.  Most saw through it, we tagged Ed years ago, but some held out hope to the bitter end.  There are probably a few “bigfoot researchers” still in denial and holding out for the chance that Ed had to cover it up after talking too much.

And then we have 1/2 of the Georgia boys coming back with I got a body part two.  He might have started floating his balloon in 2012, but this year is when it gathered steam.  Cue the GW Bush quote about being fooled.  One thing we can say about Ricky is he goes all in, remember the last time and that they played the hoax all the way into a national press conference. We don’t know what is more amazing, that he has people vouching for him or that people spend time on debunking him.  But props to the Squatch Detective for staying on the case and working it, guess he is still a little singed from his last go around with Ricky.  If you go back to 2008, you can see Ricky is playing it in a very similar way, using plants who can appeal to having authority, sticking to his story and ignoring the setbacks when a plant is uncovered and generally enjoying the noise.  And there are still people who cling to this chance, hell some of them are out there swinging away on Ricky’s behalf.  We always thought the Finding Bigfoot Facebook people were terribly unskilled and naïve, they’ve proved it with this particular hoax.  Tell you what Ricky, you produce the monkey to our satisfaction and we will do the curtain bet we had contemplated with Ketchum.

Using that as a segue, we now move on to the Ketchum/NABS/Paulides affair, aka the “DNA study”.  Failing a legitimate peer review and interest from an established journal, the Doc, et. al. moved to the back up plan.  They actually started their own journal and self published.   The website was an obvious rush job and amateurish, spelling problems, context and the like.  But when the editor is simply a fellow believer in the forest friends, hosting more than a handful of bigfeet on a small tract not much is to be expected.  It says much about the legitimacy of the study and the journal, and that’s without getting into the real study.  But  when you run the show, as in owning  the journal, you get to make the rules.  We are tempted to grab some of that prestige by renaming this blog the Journal of Bigfootery.    The “DNA Study” has rightly met with much scepticism, even among the faithful of bigfootery.  Some are still clinging to it like a shipwrecked wench on a timber, some are covering their bet by taking a wait and see position, but most knew it was going to be a bust.  Hopefully few have paid the money to actually see the study as there are certainly better ways to spend $30.

Some of the major problems include an unwillingness to release the actual data or place it in genbank where others could give it a look, and absolute refusal to release samples to see if someone could replicate the results, bear/human steak as one of the pillar samples, the challenge of hybrid reproduction and poor or flawed amplification results.  It will be sliced and diced by science.  What may be a saving grace, although it will probably be capitalized –  as in pony up some $$’s if you want to see it – is that it seems the old Ohio River footage was bought up by the same folks funding the study and will be leaked out over the next few months to bolster the “discovery” of bigfoot.

Why do we include Paulides in this affair?   For one, he claims to be some of the brains behind this effort (actually claims that nobody else was interested in DNA until he thought of it, and has gone to the media to announce the publication.  In fact his press release is that this study “proves” bigfoot exists.  The purported results also mirror the drum he has been banging for forest people, not simply an ape.  While others associated with the project ran from it, stating things like, “we only provided some samples”, Super Dave is left to be the advocate, a role he is happy to fill, although bigfootery will be pissing him off by pointing out problems.  What we found is Super Dave is the best, always correct and intellectually superior to all of the rest of the bigfootery rabble, so expect him to rant and correct people immediately.   More on Super Dave soon, we had tuned him out as just an arrogant appendage, but he does deserve his own little post.

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Something that is often amusing, and yet frustrating, is the hypocrisy of bigfootery.  Sometimes it is as basic as the old – enemy of my enemy is my friend stuff, but often times it is more complex.  We say hypocrisy is the transmission fluid of bigfootery because it keeps the field moving, sometimes in reverse, but moving none the less.  Ego is probably the gas, ambition the oil, but hypocrisy still plays a major role, like tranny fluid.   Walking the talk is a rare thing to find in some of the advanced level “bigfoot researchers”, convenience and gain mean more, and hypocrisy is a convenient lubricant.  We present four examples for your consideration:

  1. Last year a group made a big issue of witness protection while continuing to have an official in the organization that had penned a blog doing the exact thing that the group said would result in being black listed from their good graces.  As if that was not hypocritical enough,  one of the frequent targets of that blog, a youtubin bigfooter, has now allowed himself to become chummed up with the self-appointed head honcho of the organization.  Does he know this connection?  How can the honcho smile at one of her director’s main blog victims, using him for whatever purposes she pleases?  How can this director still be directing given the bold, public stance of they would not “condone harm coming to witnesses” and “would not allow this type of behavior from one of our members”?  Simple answer to all of those questions – hypocrisy, actually double dog dare hypocrisy.
  2. One of the promoters of an event that we prophetically predicted would be bigstinkery last year recently released a teaser video promoting the event and asking if people are tired of the same old events and the same speakers.  A few weeks later we learned of his involvement in another event that, get this, has the four same speakers as the event had last year.  There might be one new guest, but to us that sounds like the same old event and same speakers, in extremis.  Having it both ways, a hallmark of bigfootery hypocrisy.
  3. Speaking of the event we rightly panned last year, they had a problem with a speaker that they did not have wrapped up before announcing and pimping this famous bigfooter.  When said bigfooter learned this was happening he made it clear he had not agreed and could not attend.  After holding that information back until it broke out in other venues, the disorganizers claimed the guy could not attend for health reasons.  And now what are they saying?  The infamous bigfooter backed out on them and they have learned their lesson by getting signed agreements.  Having it many ways with many, sometimes inconsistent,  excuses, all of which do not rest any blame with the disorganizers,  classic bigfootery.  So which one was it guys, was Bob sick like you said, did Bob shaft you by saying yes and then cancelling like you said, or are you poorly organized hypocrites, we think the latter.
  4. Every once in a while someone who thinks they are established third level or higher “bigfoot researcher” will use the word “Noobs” to describe those who have recently come to bigfooting.  We find the term offensive on many levels, especially when a “Noob” is decrying the “Noobs”.  We find it hypocritical when one of these researchers talks about the damage of the “Noobs” to the “community” and then goes off to take the benefits of speaking to an audience of people they would prejudicially consider to be “Noobs”.   We like new people, it keeps it interesting, provides the churn that the fourth level  carnival barker “bigfoot researchers” need to reinvent themselves and buy their product(s) and the new people may well be the ones that get this done.  More bigfootery hypocrisy.

Our advice to the new and somewhat new bigfooters, avoid the hypocrites, they will use you, abuse you and discard you when you are of no more value in advancing their myriad of agendas.  And if you read or hear someone whining about this blog, deploy your hypocrite detector, it will probably go off.  Like tranny fluid, they may seem sweet, but the stuff will eventually make you sick.  Your mileage may vary, draw your own conclusions with hopefully an informed eye.

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This post will likely run long, but read it all and it may make sense.  One thing about Bigfootery, try to drop off the info highway for a dozen or so days and you usually miss some gold.

The latest bigfoot gold was Ed Smith’s claim of a captured Bigfoot.  Ed appeared on our radar a long time ago, our bigpuffery meter pegged out on him early on.  Well, he hung around for years and pulled a “We got a Body” hoax that was right up there with the best of them – they’ve all been pretty bad so far.  We applied extensive form game theory and a decision tree to the event, it made some sense but there were too many dotted lines which leads us to believe at least one player in the game entered without an end goal or it was actually a cooperative game that transformed at some point.  It would take us way to much time to explain it, and frankly the peer review resulted in a WTF.   Here are a few random thoughts of this particular bigdebacle with only a flavoring from the game theory stuff:

About Ed:  Bigpuffery is simply part of bigfootery.  Most “researchers” practice it to various degrees.  People make all sorts of inflated bigfoot claims, as well as personal claims.  Someone who digs up fuel tanks is suddenly an environmental scientist, a loss control employee at Wallyworld is a detective, bigfootery abounds with those folks.  Ed certainly demonstrated bigpuffery years ago, there were all sorts of red flags that people either missed or ignored.  He certainly spent some time fabricating his plan, we do not think it would have worked, but there was certainly some thought, and time, put into how to cage a bigfoot and what to do once you succeeded.  Would the plan have worked, we highly doubt it.  We do believe that Ed either did not have an end goal figured out, subsequent moves by other players were well beyond what was expected or one of the players flipped from cooperation to competition.    We also think he attempted to exit with the sale of the zeros to the quantras, but something drew him back.  For motivation, see the catfish section below.

About the Enablers:  There were enablers in this event, news blogs, primary and secondary forums, “researchers” who rushed in with the hope of gathering bigfootery street cred and bigfootery credits.  Ed would not have been able to foist this hoax without the enabling of the MABRC, some of their associated state coordinators, some news blogs and some “researchers”.  These folks provided credibility, a publicity vehicle and served as his mouthpieces.  In our book they share a good bit of the credit, or discredit, in minting some bigfootery gold.  Last night this author read one of the threads in a forum, we found the investigative “researcher” who was one of his mouthpieces particularly inept.  First, set ground rules for a face to face or at least phone interview in this type of situation, giving a person all the time they need to answer your inane questions by email is not going to reveal anything.  Ed cut it close with some of his responses, but he was hardly what we would consider a sharp person.  This part of the tree was pretty clear, Ed had a well developed idea of how those players would react and they did as expected.  His one uncertainty in that part of the game was the MABRC, we do not think he anticipated them selling out his personal info to the point that there were some threads to pick at.

About the “Final Statement”:  When you say the buck stops here and proceed to pass the buck every which way we call bigbullcrap.  Explain all the due diligence you want, but clearly Ed was full of bigpuffery early on and should have been ignored.  Time runs out on his promised, super earning video, simply claim he was under someone else’s release timeframe.  When that expires, claim that you sold those rights.  Going into his sexual orientation was really inappropriate in our opinion, that reeked.  Even the term “Final Statement”, which implies leave us alone we are not talking about it anymore.  Baaaah.

About Catfish:  There is a documentary and new series out about catfish.  It has a bearing upon this event, and it reveals some investigative techniques that have value in the brave new world of internet bigfooting, especially facebook bigfooting.   Here’s the quick version  of the cod and catfish story as this post is getting long and it is late.  At the turn of the century various ways of transporting cod were attempted.  Smoking and salting just did not do justice to the fish, and so they attempted live transport.  The fish arrived alive but soft and lacking flavor.  One enterprising person decided to put a few catfish in the tanks and had remarkable results, the fish were firm, lively and tasted fresh.  It seems the catfish stirred the cod up, kept them moving, kept them alert, nipped at em. 

What’s the point?  Ed was a bigfootery catfish.  He stirred things up, he certainly revealed the weak and the strong.  He put pressure on the cod and we got to watch, or read after the fact, how the different cods behaved.  He revealed a great deal about some of these cods, their motivations, their ability to truely swim, who headed for the edge of the tank, who schooled up, who turned and faced the catfish.  There are a few cod who are now belly up, they may not admit it, but that catfish got ya.  As to Ed’s motivation, we think like many on this TV show, it was to live a fabricated life that yielded him attention, recognition and support that evidently is lacking elsewhere, pretty simple.  Was he trying to establish a relationship with one of his enablers?  Perhaps.

And now a note about the documentary and show about Catfish on MTV.  We like it.  It is essentially about facebook, on-line love, deception and peeling back the layers to get to the truth.  It is instructional for bigfootery in the lengths that frauds will go, alter ego cell phones, constructing intricate false social networks and profiles and drama.  Bigfootery level drama.  It is also instructional to watch the onion peeler work;  how he analyzes networks, finds commonalities and connections, finds a thread to pick at and then starts to unravel things.  His ultimate strategy is boots on the ground and getting face to face for the truth.  It is also instructional to see the catfish and hear their explanation and motivations for their actions.  It really is good TV, and there are some things most of bigfootery can learn from it.  And here’s the rub, the catfishes can watch it and improve their game, much like the third and fourth level bigfooters like to study the playbooks we have revealed over the years here.

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S6 here doing some S2 work since I am logged on and still in Ed military speak mode.  It must be true if it is on russian TV, and Ed can speak Russian, who would have thunk it.

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The BFE S6 here, know you like that military jargon.  Da big boss, Central Command in your lingo, is  in an english speaking country in Central America enjoying some travertine whitewater mixed in with some “cay action” but we did talk  and he provided a rambling communicae to be issued forthwith.  I’ll do my best to accurately convey his thoughts without overly editorializing.  Da boss says:

Thank you for the comment and generous offer.  While he appreciates the huge opportunity in regards to Delta Alfa India Sierra Echo Yankee and admires your cojones, much more so than your ability to form sentences (sorry personal editorial but also something da boss does often mention),  he must respectfully decline.  He did remember your name and I did fill him in on the latest chapter of bigfootery involving you and the MABRC.  He said the notion of including a panel of bigfootery media is admirable and it is an honor being included in the list you provided as possible invitees.  He feels The BFE would bring a unique take, some good behind the scenes contacts and connections and a truly unvarnished reputation as ones who do the research, dig the dirt and do so without the color of self promotion or profit agendas.  Unfortunately, time is a challenge given he is in the middle of burning  a chunk of vacation .   At this point we had a break up in comms, but he said something about not playing well together and laughed when I told him the panels that had been identified.  He did come through clearly and emphatically with his last point, if the event included coming in proximity with said subject of the meeting he wanted absolutely nothing further to do with those things.  And then in order I heard, Pacifico, hoax, exit strategies and applying game theory to this one, cojones (again), Mrs.’s BFE laugh,  something about dumb asses need to first load the freezer with chunks of ice before attempting to freeze the thing, damn dirty apes, D&S-O&G (whatever the hell that meant), quit feeding the parrots they’ll crap on the chair, that he would need another phone card pretty soon and he ended with a chuckle saying make it so S6.

To summarize, your message was received and considered by the big guy.   I suspect the Pacifico was flowing well, as was the Moho, which left him in a good mood.  And thanks but no thanks, he does not want anything to do with this story.

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We have a Volunteer stringer.  She has brought us some stuff that on the surface makes us contemplate an Immelmann in terms of a certain DNA study.  It seems that one of the samples was harvested from a Volunteer who was in failing health.  Said Vulpes evidently communicated in a coy fashion that he was willing to take part as a last act of friendship.  The entire sequence of the DNA donation process was filmed, a proper chain of custody established – in short a sample with impeccable provenance.  And so we are getting ready to pull an Immelmann, it may only be a sample, but it is a block buster.

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Sometimes you would think we are making this stuff up, but that is bigfootery.

Believers in the P&G film better start posturing and dust off the PG threads about the surviving characters, Big Bob H, Morris, et. al. as a new unholy trinity is planning on a big release on the anniversary of the event this year.  How about this for an interesting cast of characters?  Cue the old Chicago Bulls intro music – da da dan dee da da da da da… Serving as the brains of the outfit – Grrreeegg, my hair is stuck in the 70′s, Long.  Coming in as the videographer and complainant du jour John, don’t you dare speak a discouraging word, Johnssssssen.  And serving as chief drum beater, hyper, huckster  Thomas, I did not perpretate two hoaxes I was fooled, Biscarrrrrdi.

Like we said, how do you make such things up?   Carmine involved in revealing a hoax.  Greg it was fine to fight with these guys but money is even better.  And the litigator, actually attempted litigator as it got tossed.  The humor, the irony, the way this will fire up bigfootery in general.  It’s stuff like this that keeps us around.

 

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