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Old 06-13-2007, 10:47 PM #1
ViperScenarios
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For public record regarding Patrick "Pacman" McKinnon

My original post on this matter was pulled due to some disagreements about the wording.

However, this post has been approved by the admins.

Certain information has come to my attention that compels me to make clear that I am, in no way, involved with Patrick "Pacman" McKinnon in any way, be it personal or professional, nor will I be held accountable for his actions past or present.

I am not here to sling mud or go into details. I am simply here to make it clear that I have no association with him whatsoever.
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Old 06-13-2007, 10:50 PM #2
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Old 06-14-2007, 01:54 AM #3
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summary of this whole dealy-o

WARNING: This thread is about a rapist thus rape is talked about.

Abstract or, TL;DR summary:
As of June 12 Patrick "pacman" McKinnon resigned from his tenor as partial owner of MXS and his wife, Diane "mother" now runs the company. This occured in response to an anynmous paintball player sending out 4 files countaining a cover letter, back ground check, and poorly organized legal files pretaining to the arrest, trial, conviction, appeal, and secound appeal of Patrick "pacman" McKinnon for rape in the first degree, 2 counts of forcible sodomy (oral sex), and 1 count of rape by instramentation. In the original case Pacman pled guilty to all charges except rape by instramentation. The total sentence for these crimes was 20 years for rape 1 and 10 years for the counts of forcible sodomy to be served concurently. Pacman was released in 8 years, founded his own paintball field, sold it, and founded MXS.

Forward:
I feel that the case has not been summerized in a way that in regards to your average forum user fully put forth the facts, educates, or has enough accesability. I will go over the story of how this information was released, responses by diffrent parties, and the case itself.

Given the very adult nature of the charges I will not be posting up the exact story of this case. Instead I will go over the charges, rulings, and opinion of the judges for these cases. I am currently not officially a member of any team and write with total indepedence from my sponsers. I write this post in order to attempt to inform the general paintball community with the only means available to me, I have nothing to gain by doing so.

I will attempt to not have my views influence this summary and seek to maintain a fair and just report.

the release of this information to the paintball community

On an unspecified date, before June 1st, an anynomous individual refering to him or herself as "concerned paintball player" (henceforth player) sent 4 documents (Cover letter, Intelius background check, poorly arrainged court documents) out to KEE Action Sports, JCS Jet City Specialties, Summit Products, Flurry Industries, HAMMERHEAD, Smokin' Products, Tiberius Arms, Tippmann Sports LLC., WARPIG.com, Palmer Pursuit, Air Gun Designs, PAINTBALL NEWS, Apprise Enthusiast Media, LLC, C/O Camp Blanding Joint Training Center, EMR, #1 Paintball, SplatBrothers PaintBall, Realms of Ruin, Herbies Paintball Games, Battle Creek Paintball, Official Paintball Games of Texas, MXS, LLC, Viper Enterprises, Black Cat Paintball, and Wayne's World of Paintball. (1) Player said his prefrence of anomity was because,

"This has been sent anonymous for the simple fact that I do not want Mr. McKinnon to retaliate against me or my family. And since he is aconvicted felon of a violent nature and has been known to have in his possession firearms, I do not want to take a chance." (1)

MXS's Diane "mother" (henceforth mother) put out an open letter on June 12th. In response to the senders choice of anomity she stated that "Anomity is the mask a coward wears." (2) Mother very clearly states what she believes to be the senders intent. Presently MXS is in a civil lawsuit brought against them by players who have been banned from MXS's games. Mother believes that the anymous sender sent the court records in "the latest volley in their attempt to discredit my company and drive away business so that I may not have an income to defend myself from their bogus lawsuit." and that it's intent was "[...] to discredit and ruin the lives of another human being and those they love. "(2)

validity of the documents is the patrick McKinnon cited the same individual as pacman?

On the topic of if these charges are true or false or if they relate to another individual with pacmans name mother has stated, "Upon the advice of our attorney, we have not responded to, nor acknowledged any of their accusations and claims. Neither shall we lend credence to, nor discuss, nor validate anything from this most recent attempt." (2) While player has stated "Also included is a background check that was run on the Patrick McKinnon’s SSN in the criminal file, as you can see it matched up to Patrick McKinnon who runs MXS" (1). The documents validity where also supported by TB who verifies pacmans Social security number, signature, birth date, address all match up to the patrick McKinnon cited in the various court cases. TB also reports that he has done his own background check and had the same results.

The case:

The State of Oklahoma v. Patrick McKinnon
CRF 85 4208

CHARGES:
Preliminary (charges by the prosecution NOT the findings of the court)

District attorny David Moss charged Mckinnon with,
-1 count of rape, 1st degree
-2 counts of forcible sodomy (in terms of forcing the defendant to have oral sex)
-1 count of rape by instramentation (forced penitration of HOOHA and anus)
(3)

also cited in 3 is the search warrent, record of arrest, and bond.

VERDICT BY JURY (filed Jan 21, 1986) SENTENCING April 4th, 1986:
guilty of count II, forcible sodomy: sentenced to 5 years
guilty of count I, rape in the 1st degree: April 4, 20 years
guilty of count III, forcible sodomy: 5 years

In all counts the court wavied victim compensation because pacmans future prospects looked pleak
(4)


The appeal
October 1992
Patrick Mckinnon V. The State of Oklahoma
PC. 92-0791 (the appeal has a diffrent cite than the case, don't cross it out in the future)

Appelete (McKinnon) contended
-warentless arrest in his own home was illegal
-his home was searched without warrent when he was arrested
-Evidence found in this warrentless search tainted the latter warrent to search his house
-the trial court should not have allowed this warrentless physical exhibits into court
-the court allowed testimony not aloud into court to be used by the prosecution creating a predjudicial effect
-the appeliants lawyer was not proper represintation (the lawyer sucked)
-the dr. shouldn't have been alowed to testify
-the counts of two similarly worded counts of sodomy are void because the defendant could not defend against them due to their unspecific nature
-the instructions to the jury on the specific law where improberly given by the judge
-the prosucutor used unethical and improper conduct throughout the case
-the court refused to hold an evidenciary hearing
-there are new facts pretaining to the case that would change it's verdict

Judge Hopper, citing court precident (Strickland v. washington a supreme court case) denied this motion. As to the courts response to the rest of the appeal the record sent out by player is incomplete and missing many pages. Although the post conviction relief (which happens AFTER appeal) shows that the appeal, on all counts, was denied to the best of my understanding.

The post conviction relief court has some memerable "go screw yourself" precident cites.

"lack of success is not the proper method for determining adequacy of representation" (taylor v. state)
"council is not required to advance every argument regardless of merrit." (cartwright v. state)

MXS, pacman, mother, and the current state of affairs:

MXS's website lists no history of Pacman or their company thus I must use the hearsay of others, please keep in mind the hearsay is not an acceptable standard of proof in a court of law. He began his paintball career as a field owner of BSG in 1996. "Then 4 years after he is released he sells a paintball field for over 6 figures and starts a company [MXS]. He has grossed over 1 million dollars in the 7 years that they have been in business" (www.**************). This quote is from TB who is biased against pacman.

Pacman was one of the original scenario game promotors. He founded MXS with mother in either 1999 or 2000. They traveled across the country producing scenario games as a third party. Until June 12th, 2007 he ran this company with his wife. After the release of this information to the paintball puplic pacman "on June 1, 2007, I received Patrick’s resignation as an officer and managing member of MXS, LLC. " (2) and then "June 12, after a lengthy meeting with my attorney, I accepted Patrick’s resignation. Patrick McKinnon will no longer be involved in the day-to-day operations, and will not be appearing at future events. He, in his own words, is retired from paintball, and happy to do so."

Despite this many, including myself, believe it to be hogwash. His wife still is "running" the show. While pacman may not be at the field it's pretty obvious to anyone with common sense that any profits his wife reaps will be shared with him. It's also more than fair to assume he will still be very active in MXS behind the scenes. It would be hard to believe his wife did not know about this beforehand. Given that the person found guilty is deffiently him, and he pleaded guilty, and his two appeals failed, it's obvious that he was guilty of rape.

Due to PBN's word limit I did not post the sponsership list I did elsewhere, link: http://www.mxsportz.com/invasions/index.html

Reseach refrenced and cited
1. "to whom it may concern" http://www.box.net/shared/t0kx5dq3sm accessed June 13, 2007.
2. Diane "mother" (owner of MXS): Untitled, open letter on the issue http://www.mxsportz.com/letter.html
3. http://www.box.net/shared/f38uziqcb4
4. http://www.box.net/shared/7e0bk630zg
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Last edited by 10-shot kid : 06-14-2007 at 12:51 PM. Reason: slight actual errors, corrections from nudi, link ommited
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Old 06-14-2007, 03:58 AM #4
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good job 10-shot.
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Old 06-14-2007, 07:30 AM #5
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definately a bad situation all around..

but i agree..the peron who released this info should have had the balls to step it up and make it known who they were..

that was just BALL LESS!
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Old 06-14-2007, 08:12 AM #6
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A Very professional summary Kid........

A VERY SAD STATE OF AFFAIRS..........
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Old 06-14-2007, 08:19 AM #7
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I'm sorry, but why isn't he not still in jail!? he should have been in prison this entire time. He obviously did the crime, which from this summary is pretty heinous, and tried to get out of it based on technicalities regarding warrants and such. Scumbag.

I feel sorry for Mother. and if it were me, I'd leave his ***.

edit: Whoever released the info should've presented it as professionally as 10-shot, and not in a cowardly character-assassination manner, but it doesn't change the truth of what happened. This individual should not have been freed after 8 years. That's just insulting to survivors of sexual assault.
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Old 06-14-2007, 08:38 AM #8
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we as players

have only one way to speak our minds on this -----


do it with your dollars , dont spend your money on an mxs game --- it is the loudest voice we have
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Old 06-14-2007, 09:35 AM #9
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In the intrest of people being able to see the documentation with their own eyes I am providing links. I downloaded this documentation from this site a couple days ago when the original topic was posted. This information was provided by "markboatwright".. where he got it from I do now know

http://www.box.net/shared/t0kx5dq3sm
http://www.box.net/shared/gre8rcxeub
http://www.box.net/shared/f38uziqcb4
http://www.box.net/shared/7e0bk630zg
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Old 06-14-2007, 10:16 AM #10
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Quote:
Originally Posted by funfla22 View Post
have only one way to speak our minds on this -----


do it with your dollars , dont spend your money on an mxs game --- it is the loudest voice we have
nevermind.

Last edited by -TardArm- : 06-14-2007 at 10:44 AM.
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Old 06-14-2007, 10:25 AM #11
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Quote:
Originally Posted by arh View Post
I'm sorry, but why isn't he not still in jail!? he should have been in prison this entire time.
I agree he should have spent much more time in prison but one thing 10-shot did not include is that the 2 5 year senteces for sodomy were to be run concurrently with the 20 year sentence. If they were consecutive it would have been 30 years but instead the total was 20 years. That still doesn't change the fact that he only served less than half his term, and he was only on probation for nine months!!

Quote:
Originally Posted by arh View Post
He obviously did the crime, which from this summary is pretty heinous,
If you think the summary is heinous, read the actual documents. 10-shot (graciously) left out the details for the sake of the average forum reader. My stomach turned.
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Old 06-14-2007, 10:32 AM #12
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Originally Posted by -TardArm- View Post
nevermind
I was young, I did stupid stuff as I'm sure we all did but nothing ever came close to this. It's obvious from the court documents that he had been out drinking and dancing. Correct me if I am wrong but alcohol releases inhibitions. You wouldn't do anything under the influence of alcohol that you wouldn't want to do without it. This takes a really special kind of person, and I don't mean special in a good way.

I have been taking funfla22's advice for years based on other behavior put forth by this man. This latest development only reinforces my decision to not give them money.

Last edited by ShadowFire : 06-14-2007 at 10:51 AM.
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Old 06-14-2007, 10:34 AM #13
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you all can do what you want --- i will not give my dollars to mxs --- its the best statement i can make on this -- the loudest voice i have to show my disappoval of such a crime , i can understand grand theft , or other things but not what i have read on this -- my childern and family dont need to contribute to his support
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Old 06-14-2007, 10:43 AM #14
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actually. ive been enlightened, and i retract my post. but in the goodness of my heart, i still dont consider him a horrible person. because everybody deserves representation, which he is not getting.
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Old 06-14-2007, 10:44 AM #15
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10-shot, good job with the summary. There are, however, some things that need to be clarified. Please keep in mind, that I am not attacking anyone here; merely correcting some discrepancies in 10-shot's summary.

Quote:
as of June 12 Patrick "pacman" McKinnon resigned from his 12 year tenor as partial owner of MXS and his wife, Diane "mother" now runs the company.
This isn't true. When Diane was referring to '12 years' she was referring to his time in the sport of scenario paintball. Patrick McKinnon opened Brazos Survival Games (BSG) in January, 1996. MXS, Inc was incorporated in the state of Floridia sometime in 1999 (soon after the Grande Finale, 1998).

Quote:
This occured in response to an anynmous paintball player sending out 4 PDF files countaining a cover letter, back ground check, and poorly organized legal files pretaining to the arrest, trial, conviction, appeal, and secound appeal of Patrick "pacman" McKinnon for rape in the first degree, 2 counts of forcible sodomy (oral sex), and 1 count of rape by instramentation.
Actually, from what I got told by Kerry (Viper), what was sent out was an envelope chock-full of papers, that came USPS (or snail mail). There were no pdf files sent to him either electronically or by US mail. The pdf files were posted to this forum, I believe.

Quote:
In the original case Pacman pled guilty to all charges. The total sentence for these crimes was 20 years for rape 1 and 10 years total for the counts of forcible sodomy. Pacman was released in 8 years, founded his own paintball field, sold it, and founded MXS.
I've seen the information: 20 years for the count of Rape in the 1st degree, and 5 years each for each count of sodomy to run concurrently with the 20 years for rape conviction. Which means the absolute most this person could have served was 20 years....he served 8 and was released.

Quote:
I feel that the case has not been summerized in a way that in regards to your average forum user fully put forth the facts, educates, or has enough accesability. I will go over the story of how this information was released, responses by diffrent parties, and the case itself.
I applaude your efforts to make the 'average' person know what was contained in the pdf files. I chose to read them.

Quote:
Given the very adult nature of the charges I will not be posting up the exact story of this case. Instead I will go over the charges, rulings, and opinion of the judges for these cases.
It was a violent sexual assault. The charges in and of themselves speak to the nature of the crime. But the appeal by the defendant lays it all out rather nicely with enough detail to make one ill.

Quote:
I am currently not officially a member of any team and write with total indepedence from my sponsers. I write this post in order to attempt to inform the general paintball community with the only means available to me, I have nothing to gain by doing so.

I will attempt to not have my views influence this summary and seek to maintain a fair and just report.
I know, I for one appreciate your attempts to inform the general paintball community. Thank you.

Quote:
MXS's Diane "mother" (henceforth mother) put out an open letter on June 12th. In response to the senders choice of anomity she stated that "Anomity is the mask a coward wears." (2) Mother very clearly states what she believes to be the senders intent. Presently MXS is in a civil lawsuit brought against them by players who have been banned from MXS's games. Mother believes that the anymous sender sent the court records in "the latest volley in their attempt to discredit my company and drive away business so that I may not have an income to defend myself from their bogus lawsuit." and that it's intent was "[...] to discredit and ruin the lives of another human being and those they love. "
MXS (as a whole) is involved in two lawsuits that I'm aware of:

(1) The one Diane alluded to in her open letter: suit brought against MXS, Inc and MXS, LLC and all principle owners (Patrick McKinnon, Diane Howe McKinnon, and Jamie McKinnon) for minority stock holder oppression and intent to defraud (those are two of the charges) brought by one Joe Arcurio. ~Note: This lawsuit is not brought by anyone other than Joe Arcurio, so Diane's use of the word 'players' is incorrect (unless there are more lawsuits that I'm oblivious to).

(2) Patrick McKinnon has recently filed suit against one Kerry Rosenberry (aka Viper Enterprises)..which has a preliminary court date of...tomorrow, I believe.

I have a link to the filed paperwork, but I won't post it here. Besides, it's a matter of public record: Fort Bend County, Texas; County Clerks Office.

And while Diane feels that this person did so with mal intent, I disagree. As a female player in the sport (and a former rape victim, at the ripe age of 16), I feel this is pertinent information for the paintball community. Dale 'Furby' Ford recently ran an article on 68caliber.com that detailed a child predator that ran chills up my spine....and I have children who play paintball too.

Quote:
In all counts the court wavied victim compensation
The actual paperwork reads 'petitioner has no current job offers and future job prospects are bleak. Prospects for future income are low and below the currently poverty level.' (Petition for Remission, Case # CRF 85-4208, Filed Oct 11, 1993)


Quote:
MXS's website lists no history of Pacman or their company thus I must use the hearsay of others, please keep in mind the hearsay is not an acceptable standard of proof in a court of law. He began his paintball career as a field owner.
The MXS website did list a history of Patrick, but I have to assume it was taken down when he 'resigned.' There was also a forum/topic/thread called 'The World According to Pacman' on the MXS forums which, upon checking, was also gone.

Quote:
This quote is from one of his compedators from what I understand, thus please apply some suspect to the claim.
Lawrence 'TB' Wright is not a 'competitor' to MXS, as he does not own a scenaro production company. He is a player.

Quote:
It's unclear in my brief research whether or not he owned this field prior to his jail term and prior to saying that he could not pay the fines levyed upoun him by the court.
As I stated earlier, BSG was founded in January, 1996. That would have been after his release.

Quote:
Also unclear is when his scenario game production company began to earn gross, also remember that gross is not profit, it's simply revenues before the cost has been deducted. Thus a 1 million gross could potentially only equal 500,000 is the company is operating at the normal 100% profit margin.
Correct. There might not ever be anyway of knowing what MXS, Inc as it is now a defunct company, but I darsay that MXS' income was more than....'poverty level.'

Quote:
Pacman was one of the original scenario game promotors. He founded MXS with mother. They traveled across the country producing scenario games as a third party. Until June 12th, 2007 he ran this company with his wife.
Patrick and Diane are the team who founded MXS. In the formative years, Diane still worked a job in Houston, Texas (as a copy editor). Patrick would drive the Truck and/or RV to the venue, and Diane would fly in after work to put on the game. In late 2001/early 2002, Diane quit her job and MXS, Inc became the sole source of income...and yes, they then both traveled across the country via truck/RV.

Quote:
Despite this many, including myself, believe it to be hogwash. His wife still is "running" the show. While pacman may not be at the field it's pretty obvious to anyone with common sense that any profits his wife reaps will be shared with him. It's also more than fair to assume he will still be very active in MXS behind the scenes. It would be hard to believe his wife did not know about this beforehand. Given that the person found guilty is deffiently him, and he pleaded guilty, and his two appeals failed, it's obvious that he was guilty of rape.
I will not state my opinion on the current state of affairs. The current state of affairs seems just as complicated and twisted as the past, it seems.

As to my involvement, I was on Blitzkrieg (the scenario team that both Pat and Diane are still current members). I've been to Pat/Diane's house as a guest multiple times (but none since late 2004, for obvious reasons). I've known them since mid 2001, when my team and I, at the time (Disciples of Paint) provided first aid at the first MXS game at Blanding. I'm teammates/friends with both Lawrence 'TB' Wright and Joe 'Jammer' Arcurio. I consider Kerry 'Viper' Rosenberry a good friend.

Again, I state this in attempts to fill some of the gaps in your timeline, 10-shot. Hope this information helps.

Last edited by Nudi : 06-14-2007 at 10:48 AM.
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Old 06-14-2007, 11:06 AM #16
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Originally Posted by ShadowFire View Post
That still doesn't change the fact that he only served less than half his term, and he was only on probation for nine months!!
Exactly - his debt is not paid.

i agree with shadowfire -- alcohol does not excuse his actions, or cause his actions. This is not a case of someone's inhibitions being relaxed... this is far beyond stupid drunken behavior. This was extremely violent and cruel. And his appeal on technical reasons seems to demonstrate a certain lack of remorse for his actions.

Quote:
Originally Posted by ShadowFire View Post
If you think the summary is heinous, read the actual documents. 10-shot (graciously) left out the details for the sake of the average forum reader. My stomach turned.
Thank you, 10-shot, from sparing us the full details and for providing the links so people can draw their own conclusions.

Maybe he's done alot over the years to make things right with the people he's wronged. Maybe he's received therapy to deal with his personal demons. I hope so.

You know, maybe the release of information is unrelated to the ongoing lawsuits. Could've been someone saw this familiar name in Wired, and decided the secret could no longer be kept.
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Last edited by arh : 06-14-2007 at 05:46 PM. Reason: it was unclear i was agreeing with shadowfire
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Old 06-14-2007, 11:15 AM #17
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And alcohol does not excuse his actions, or cause his actions. This is not a case of someone's inhibitions being relaxed... this is far beyond stupid drunken behavior. This was extremely violent and cruel. And his appeal on technical reasons seems to demonstrate a certain lack of remorse for his actions.
I hope you did not think I was trying to use alcohol to excuse his actions. I was stating that you wouldn't do anything under the influence that your wouldn't want to do without it. Meaning the ability and desire for rape and physical violence HAS to be there before drinking. The booze just made it come to the surface. How deep it was buried before is anyone's guess.
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Old 06-14-2007, 11:20 AM #18
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Originally Posted by funfla22 View Post
have only one way to speak our minds on this -----


do it with your dollars , dont spend your money on an mxs game --- it is the loudest voice we have

There is another way to speak your minds on this. If you feel strongly enough about it you can call MXS's sponsors and tell them how you feel about them supporting that company
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Old 06-14-2007, 11:26 AM #19
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who in thier right minds will continue to sponsor them???

and if no one goes , its a moot issue
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Old 06-14-2007, 11:33 AM #20
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Join Date: Oct 2006
Location: Upstate NY
thanks for pointing out the errors nudi, I'll fix the report when I get the time. Before this whole shindig I never paid much attention to MXS, have only played at one or two of their games, and bassically am not at all personally involved. So all my info was peaced together from 5 or 6 diffrent sites and a jumble of horribly organized legal documents from those links lapdance provided (although I originally pulled them from www.tbworld.com)and I cited a few of at the end of the thing.

My bad on saying TB was a compedator though, that was obviously totally off mark.
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Last edited by 10-shot kid : 06-14-2007 at 11:35 AM. Reason: wording was off
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Old 06-14-2007, 11:40 AM #21
Nudi (Banned)
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No problem, 10-shot (or do you prefer 'kid'?). LOL

I still applaud your efforts to educate the average pbn reader. The documents in those pdf files were jumbled up and one could easily tire before getting to the 'meat' of the matter.
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