Cease and desist

earthbound

Seems I've upset someone..

I made comments on our main page about the AP4U manual and all the affiliate marketers with their dodgy use of images and articles etc..

http://www.backyardaquaponics.com/compo ... tions.html

It's only been up for less than a week I think, and this morning I have received a Cease and desist notice stating that I have made wilfully misleading and false statements, libelous and defamotory meterial etc, etc... I must immediately remove all defamatory and disparaging comments, compensate the lawyers client, etc, etc.... Evidently causing "in-eparable injury", is that a word?

I would like to post it up but the lawyers letter also comes with a notice that it's copyright and can't be republished in any way..

Seems my opinions aren't popular in that end of town..

earthbound

So if I put an "In my opinion" in front of many of the statements, does that mean that I'm then safe because it's only my opinions?

Stuart Chignell

As long as what you have said/published is true then it is not by definition libel or deformation.

faye

Is that two people that you upset this week joel? Oh dear, I wonder who is next. They say things go in threes.

Sent from my HTC Desire using Tapatalk

earthbound

Did I upset someone else as well? Damn....

I think perhaps I'll just go and carefully reword things a little, perhaps there are a couple of statements in there which may be hard to prove, but most of it is on public record or opinion. Then I'll write back to the guy in question and introduce myself, say g'day, how are ya..

I find it funny how people hide behind lawyers rather than talking to the person they have a problem with.. Not a great aspect of our current society.

Merrick

If you go through life without pissing a few people off you havent tried hard enough.

Theres a quote out there that says it better but i cant find it lol

RupertofOZ

So you've upset the scum suckers eh Joel....

Give me their email adressess... I'll upset them a little more... and even invite them over... for a chat...

Slimey little turds they are....

arbe

Sometimes the truth hurts and causes a reaction.....

Wildfire

haha what a scummy site reminds me of those popup lose weight fast or viagra sites

gemmell

Yah, how long until our email's are being flooded by BUY CHEAP AQUAPONICS & VIAGRA emails?

You can't fight them though Joel. They are faceless and many.

Bushy

Preface everything you say with " I think....." , that way you're not saying they're plagarists...just that they MAY be..!! :evil:

Could any images used on BYAP be watermarked in a way to stop re use?? [excuse my lack of knowledge in techy things] :think:

RupertofOZ

Yeah... the false and misleading statements... is bit rich... considering they've been prepared to rip off every, and anybody elses content....

And "in-eprable damage".... what about the "in-eperable damge" theses scumbags are doing to "aquaponics"... not that they care one affilate click...

I hope they read this.... you bunch of low life parasites...

werdna

I read somewhere that a person cannot be charged with this, only a company.
Maybe you just have to say that it came from Joel not BYAP.

I would say it is most probably just a scare tactic

earthbound

Oh well, it's only managed to make me add more to the page really, he still won't like it..

Quote:

G’day John, How are you?

How lovely to receive an email from what I assume must be some legal entity you have employed, though you never can really be sure these days on the internet. Would have been nice to receive something personally from yourself as well, but I guess you’re not really into the personal thing hey? Typical of our society now a days I guess, all business, business, business, not much time for that personal touch any more. Perhaps I’m just a little old fashioned, but I like the personal approach, so I’m not going to pay anyone to respond to you, it will just be me, so you’ll have to excuse the lack of legal jargon, titles, acronyms and bullet points.

Anyway, I understand that perhaps you didn’t like all I had to say on my website, I imagine that you probably still won’t like it much now I have edited it, but c’est la vie. I guess it’s pretty obvious that I don’t really like the way you are going about things either. The amount of time I have to spend chasing up on the lies posted by your affiliates selling your product, the constant use of copyright material by these same people, well let’s just say it’s excessive..

But I guess that’s not your problem is it? They are only selling your product, why would you care how they go about it, you’re one step removed from it all. So long as they are singing your praises and keeping the dollars rolling in, the mutual back scratching works fine.

Please feel free to either respond personally, or take further legal action which ever you feel is necessary. And if you have any legal issues with anything further that I have said on my website about either yourself or your product please be specific so that I can know exactly which statements you are referring to, that last letter from your lawyer was a bit vague and generic, hope you didn’t pay too much for that. Still there should be nothing there that can be considered as “depicting you as engaging in fraudulent activity that violates civil and criminal law”. Shame that the same can’t be said about the people selling your product, but like I say, that’s not your fault is it..

Have a good day mate..
Joel Malcolm

RupertofOZ

Quote:

But I guess that’s not your problem is it? They are only selling your product, why would you care how they go about it, you’re one step removed from it all. So long as they are singing your praises and keeping the dollars rolling in, the mutual back scratching works fine.

Of course he doesn't care.... that's the very nature of the "affiliate marketing" model that he uses... over and over again.... with everything from aquaponics to hair rollers....

And he does imply that he has "discovered" or made "remarkable" breakthroughs.... and/or that he is an expert....

Does he care... nah.... does he care about his affiliates... nah... come in suckers... it's paying his way through life...

It's his entire business model....

Does a parasite care about it's host............ nah....

Backyard Aquaponics A place to discuss aquaponics

Cease and desist

Backyard Aquaponics
A place to discuss aquaponics