This decision was definitely a major for Jim & Judy, but we should
be careful not to read too much into the judge's decision. Yes, GWP
made a bad tactical decision by filing in federal court. Yes, they
spent lots of money and have nothing to show for it. Yes, GWP has
not updated its website to talk about the loss. However, the case
is not over.

U.S. federal law prohibits "racketeering". Racketeering is
basically "a pattern of illegal activity that is carried out in
furtherance of an enterprise (as a criminal syndicate) which is
owned or controlled by those engaged in such activity". In this
case, the alleged that the defendants conspired to defame GWP for
financial gain.

The judge did not make any ruling on the merits of the claims of
defamation claims. The judge ruled that there was no evidence of a
conspiracy or an "organization" to under the federal law to
illegally defame GWP.

The claims of defamation can be re-filed in state court, so there it
is too early to say if the case is completely over. Of course, some
of the testimony is pretty wild, such as GWP taking credit for the
fall of communism in the former Soviet Union. The defamation claims
are still rather ridiculous and I am sure that Jim & Judy would
ultimately prevail on those claims. However, only time will tell.


--- In gentlewindvictims@yahoogroups.com, "judygarvey100"
<windofchanges@p...> wrote:
>
> http://skeptico.blogs.com/
>
> January 06, 2006
>
> Gentle Wind Lawsuit Dismissed
>
> Remember the Gentle Wind Project (GWP) – the makers of the magic
> alien-designed plastic cards you hold in your hand to solve all
> life's problems? Two former GWP members, Jim Bergin and Judy
Garvey,
> had set up the Wind of Changes website to expose GWP's racket.
> Ironically, the GWP brought a racketeering federal lawsuit against
> Bergin and Garvey, in an attempt to gag them. Bergin and Garvey
> filed a Motion for Summary Dismissal.
>
> Bergin and Garvey have just won their Motion for Summary Judgment –

> all charges have been dismissed (.pdf file). Clearly the judge saw
> through the ridiculous racketeering charges.
>
> A victory for free speech on the web, as well as a victory for the
> good guys against the woos. Clearly those magic pieces of plastic
> have their limits.
>