Date: Wed, 22 May 2002 02:10:27 -0700 (PDT) From: the_dojang-request@martialartsresource.net Subject: The_Dojang digest, Vol 9 #259 - 6 msgs X-Mailer: Mailman v2.0.8 MIME-version: 1.0 Content-type: text/plain To: the_dojang@martialartsresource.net Sender: the_dojang-admin@martialartsresource.net Errors-To: the_dojang-admin@martialartsresource.net X-BeenThere: the_dojang@martialartsresource.net X-Mailman-Version: 2.0.8 Precedence: bulk Reply-To: the_dojang@martialartsresource.net X-Reply-To: the_dojang@martialartsresource.net List-Help: List-Post: X-Subscribed-Address: rterry@idiom.com List-Subscribe: List-Id: The Internet's premier discussion forum on Korean Martial Arts. List-Unsubscribe: Status: OR Send The_Dojang mailing list submissions to the_dojang@martialartsresource.net To subscribe or unsubscribe via the World Wide Web, visit http://martialartsresource.net/mailman/listinfo/the_dojang or, via email, send a message with subject or body 'help' to the_dojang-request@martialartsresource.net You can reach the person managing the list at the_dojang-admin@martialartsresource.net When replying, please edit your Subject line so it is more specific than "Re: Contents of The_Dojang digest..." <<------------------ The_Dojang mailing list ------------------>> Serving the Internet since June 1994. Copyright 1994-2002: Ray Terry and Martial Arts Resource The Internet's premier discussion forum devoted to Korean Martial Arts. See the Korean Martial Arts (KMA) FAQ and the online search engine for back issues of The_Dojang at http://MartialArtsResource.com Pil Seung! Today's Topics: 1. Re: Re: TKD (Ray Terry) 2. re: Noncompete Agreements (Joel McTague) 3. TKD sport? (Rick Bean) 4. Virually head-less (Chereecharmello@aol.com) 5. Headless in PA (Chereecharmello@aol.com) 6. double check (Ray Terry) --__--__-- Message: 1 From: Ray Terry Subject: Re: [The_Dojang] Re: TKD To: the_dojang@martialartsresource.net Date: Tue, 21 May 2002 18:08:17 PDT Reply-To: the_dojang@martialartsresource.net > or depth to hold the rank, and they teach Sport TKD as a martial art. kicking > to someone's head in the ring is great, but could get you killed out on the > street.... Actually I think it works just fine... Drop them to their knees and -then- kick them in the head. Works great! :) Ray Terry raymail@hpwsrt.cup.hp.com --__--__-- Message: 2 From: "Joel McTague" To: Date: Tue, 21 May 2002 20:50:31 -0400 Subject: [The_Dojang] re: Noncompete Agreements Reply-To: the_dojang@martialartsresource.net Not being a lawyer in Michigan, I first want to advise you to seek out a lawyer in your state. Next, I'll let you know how we would handle it in Florida (which, I understand, is similar to most of the rest of the US on this topic). In Florida, a noncompete has to be limited in both time and scope, and such limitations have to be reasonable. For example, if you become an employee of mine and you work as a cashier in a grocery store, and as part of your employment you have to sign a noncompete agreement, chances are a restriction saying you couldn't work in a grocery store anywhere in the southeast US for a period of twenty years would not be valid. Maybe within 25 miles for a year would work, but something that is not ridiculous. There are a few trial court cases here that suggest that for computer programmers, anything over six months would be invalid. Now, in your case, you have a few wrinkles. First, you signed a noncompete as a STUDENT when you were a white belt. Second, there are no other Hapkido schools near you. Lastly, you allege that you teach a different style of Hapkido. If I were your lawyer and this case was in Florida, I would argue that (a) to expect a white belt to sign a noncompete agreement is ridiculous, especially since it was hidden in the contract; (b) enforcing the contract would be a restraint of trade and therefore monopolistic; and (c) the restriction is either too broad to be enforceable (if it says something along the lines of "you may not teach any martial art") or you may have to educate the court on the different types of Hapkido (a much more daunting task). I would stay away from the argument that "my business practices are different from his" because that will not be persuasive. If this were a Florida case, I would concentrate my fire on that it is a wholly distinct martial art that you teach, with only the name in common [based on your assertion in your post]; and that the original conntract's restraint of trade is unenforceable because you were only a student and that it's monopolitic. Again, I would advise you to seek out a good lawyer in your area to help you with this. Joel Martin McTague, J.D., M.B.A., R.F.C. --__--__-- Message: 3 From: "Rick Bean" To: the_dojang@martialartsresource.net Date: Tue, 21 May 2002 18:21:04 -0700 Subject: [The_Dojang] TKD sport? Reply-To: the_dojang@martialartsresource.net < What many people don't realize is that straight TKD is a sport. Many instructors do, however, add elements of other styles to the curriculum to give the activity a more well-rounded feel. < You've got to be kidding me! _________________________________________________________________ MSN Photos is the easiest way to share and print your photos: http://photos.msn.com/support/worldwide.aspx --__--__-- Message: 4 From: Chereecharmello@aol.com Date: Tue, 21 May 2002 22:15:10 EDT To: the_dojang@martialartsresource.net Subject: [The_Dojang] Virually head-less Reply-To: the_dojang@martialartsresource.net << Chereecharmello@aol.com wrote: "'What many people don't realize is that straight TKD is a sport. Many instructors do, however, add elements of other styles... ' "The key word in my original phrase is "straight." By that, I meant TKD standing alone, being taught with its original intention intact - for spectatorship. It was a sport used to entertain the elite." I study Tang Soo do, not Tae Kwon Do, so I'm not defending my own style, but I have to question the assertion that the original intention of TKD was a spectator sport to entertain the elite. I, for one, would like to know the source of that information. Would you please provide a reference? >> Now that I have been virtually beheaded for being misunderstood, I guess I have nothing to lose. The first source I ever encountered that claimed that TKD was not a martial art was found in Hwang Kee's book Soo Bak Do Tang Soo Do, Volume 1. He makes the claim that TKD was not considered a martial art because it lacked "mental discipline." He also went on to say that the style became popular with vagrants and criminals. So as you can imagine, when I began to research styles via the sources in my local library, TKD didn't rank high on my list of styles to engage in. I cannot recall where I read that TKD was used for the viewing entertainment of the elite, but I will post the book as soon as I find it. I was by no means style bashing, but if anyone become so offensive over words, then perhaps they really need to work on their pyong ahn... Hey now, I didn't blow up when a certain someone made reference to NY "Stugotz Karate"... Go ahead, cut off my typing finger... -Cheree Charmello "...mental life is sentimental; an enjoyment of an inner landscape." -John Dewey Democracy and Education --__--__-- Message: 5 From: Chereecharmello@aol.com Date: Tue, 21 May 2002 22:21:03 EDT To: the_dojang@martialartsresource.net Subject: [The_Dojang] Headless in PA Reply-To: the_dojang@martialartsresource.net << they may dress it in fancy clothes, but martial sport is not the same as martial arts -- it is skimming foam off the surface of martial arts and setting up as something seperate. >> Hold on to your head, man...the virtual guillotine in coming your way! Headless in PA -Cheree --__--__-- Message: 6 From: Ray Terry To: the_dojang@martialartsresource.net (The_Dojang) Date: Tue, 21 May 2002 20:44:58 -0700 (PDT) Subject: [The_Dojang] double check Reply-To: the_dojang@martialartsresource.net > He makes the claim that TKD was not considered a martial art because it > lacked "mental discipline." He also went on to say that the style became > popular with vagrants and criminals. Ummm, you might want to double check that one. Hwang Kee says that about Taekkyon, not Taekwondo. Two very different things/arts/styles/sports. Ray Terry --__--__-- _______________________________________________ The_Dojang mailing list The_Dojang@martialartsresource.net http://martialartsresource.net/mailman/listinfo/the_dojang http://the-dojang.net It's a great day for Taekwondo! Support the USTU by joining today. US Taekwondo Union, 1 Olympic Plaza, Ste 104C, Colorado Spgs, CO 80909 719-866-4632 FAX 719-866-4642 ustutkd1@aol.com http://www.ustu.org Old digest issues are available via ftp://ftp.martialartsresource.com. Copyright 1994-2002: Ray Terry and Martial Arts Resource Standard disclaimers apply. Remember 9-11! End of The_Dojang Digest