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Posted: 05/16/2002 10:35 pm
This is only my personal view on the matter and is not intended to be relied on as the giving of professional legal adviceJanet: "If you do decide to try it use a disposable domain" Linda's comment: If Cloaking is considered within the industry as a method of unlawfully manipulating search engine results then it should not be suggested that testing it on a throw away domain or ISP be tried. It is either a good method or a bad one, and weather using a pay or free ISP does not enter the picture. Taking this to an extreme, If Janet tried it on a throw away and as a result got 10 Thousand visitors a day with a sales campaign converting at 20 to 1 at say $50 a time, and did not get cut off, would She continue to use it, or would Janet voluntarily stop using it following Excell's principle's of ethical business practise? "And, do as Dinkar suggested, have contact with previous customers, SEVERAL, to make sure you are not being BS'ed, and verify whatever they tell you. these are not fly by night" Linda's comment: This is in theory sound advice however how do you find previous customers? from the vendors site perhaps? KiloEcho: "but i've got to say this stuff looks like crap. i close this company's webpage window and a popup comes up that starts with "HEY! WAIT A SEC! Enter your email address to get 5 amazing tricks to get more traffic from search engines. PLUS get instant access to Search Engine Cloaker! " Linda's comment:: The word,"Crap" is a term of art and not a technical term. It is used in popular informal banter and conversation,( Although the Rebbe would not be too happy if addressed in such a way !),although it can have a derogotary suggestion,I do not think using it in the way it was used is enough to establish a good cause of action Searchengineclocker: "as this post is about our software, please would you keep my reply intact. When someone calls our software "crap", I need ample room to respond!" Linda's comment:: The above is fair comment, however Searchengineclocker at the same time when making replies must not continue to attempt to get free advertising on the Forums. It would appear from the Moderators edits, Searchengineclocker continued to advertise after being asked to stop Janet Berg: Linda's preamble: I think this is an email to our Janet and not from Janet which is the way I understood her post "Little Dipper Corporation 3169 NE Irving St Portland, OR 97232 May 13, 2002 To Jim's World & Janet Berg: We hereby notify you that you are hosting and fostering libelous content on Search Engine Forums. Specifically, several posts in "Search Engine Technology Issues > Cloaking Software, Good Guy, Bad Guy" reference our software in a libelous manner: Janet Berg indirectly refers to our product and company as "fly by night". KiloEcho refers to our product as "crap". Moreover, when we attempted to reply to said libel, our posting was modified, reducing our response to out-of-context snippets. As a result, we have suffered significant harm to our brand and incalculable damages. We hereby demand that you immediately remove the entire thread under discussion. Failure to do so will result in legal action against both Janet Berg and Jim's World for each day that said libel remains on-line. Peter Bray President Little Dipper Corporation" Linda's comment: The above email was not written by a Lawyer. The most important part however is,"As a result, we have suffered significant harm to our brand and incalculable damages". Ah ha , this is the nub of the email: "suffered significant harm" Has it? What about loss and or damage? An essential part of any claim in a tort action is to plead and to prove that the plaintiff suffered loss and or damage as a direct result of the Defendants legal wrongs, and the proving has to be to a high standard of particularity, including of course I.R.S, records covering perhaps the last three years trading accounts "incalculable damages" If the prospective plaintiff has no way of calculating them how do they expect a Court to do it for them?  Further: "Failure to do so will result in legal action against both Janet Berg and Jim's World for each day that said libel remains on-line" I think they mean they will be seeking damages for each of the days the alleged defamatory material is live on the Internet May I also bring up the principle of going to court with, "Clean hands", and the principle of,"Tainted with illegality" For those that do not know what all that, "crap", means, it means one cannot go to a court seeking a remedy when the core subject matter has a bad taste to it in the first place I am sure anybody being sued where the subject of cloaking was the core subject could show a Court that it was used to intentionally influence the algorithm of a search engine to produce results in a way inconsistant with the search engines terms of use and in those circumstances the product is deemed unlawful, and that the action before the court is tainted with illegality, and the action will be kicked out quicker than Clintons Zip would appear to operate, and out you go with nuffing but financial loss On Mon, 13 May 2002, Janet Hannestad wrote: > Peter, > > Please restrict your "answers" to questions actually asked. Keep all > marketing hype to your website, not ours. > > I re-reviewed what was deleted and none of it was related to the question > being asked. A recommendattion for your site was asked for only. You > recommended yourself, which was OK, but the rest of the marketing hype was > not. > > ~Janet Berg Linda's comment: Very fair reply except for the bit that says,"not ours". 5th amendment Janet, 5th amendment, Oie veh! > -----Original Message----- > From: Peter Bray [maimailto:Peter@searchenginecloaker.com] > Sent: Monday, May 13, 2002 3:52 AM > To: janet@searchengineforums.com > Subject: search engine forums administration... > > > > Moderator: I think your deletes of my "self promotion" were inappropriate > in the cloaking forum. That discussion was specifically about our > software -- someone specifically asked about us. Surely, I can reply? > Or do all of my posts have to be reduced down to an out-of-context > soundbite? And several people there attacked our software (including you, > indirectly). I should be allowed to reply without having my replies > labeled "self-promotion" and deleted. I need to be able to respond. Be > fair! Thanks, Peter Kilo Echo: wow. I'm guilty of liable? Linda:Libel Kilo Echo, Libel Linda's summary: I cannot speak for American Law, however in this thread some things have been said about a company and a product that were decribed in a way that was not very nice quite apart from the fact that the purpose of the product may be for an unlawful purpose in the legal sense. A more professional language style might have been more usefull I think the company concerned made the situation worse by not following the forums Terms of use after being requested to do so by the Boss-ette Members posting in threads where it is their own product or service under discussion should remember that in the, "Rough and tumble", of Internet Forums and the many different types of members participating, it is quite possible that comments will be made in a way which would not be accepted in a more formal arena. Forget suing for such matters, make Love not War Little Dipper , for the most part it is just not worth the hassle, and only makes the Lawyers rich whichever way the matter goes. Linda's final word: May I respectfully venture to suggest that members avoid legal mumbo jumbo, and threats of legal action unless they actually know something about the subject at a professional level. That is one area where, "Weekend participants", should say well clear of
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