I do not take too kindly to unwarranted threats!

by Karen Blundell

Posted: 11 years ago 20 replies

OFF TOPIC

I'm posting this for the benefit of other web developers (or anyone) who generously donate free templates and themes to the public domain (or any freebie containing a link to their/your site) so that they know how to handle jerks who like to threaten and intimidate over something that is beyond their control.

Let me explain:

Today I received an email from the legal rep of a financial company threatening me with legal action if I didn't remove the links to the company's website from a website he assumed I owned.

I'm posting my response so that others will know how to handle situations like this:

Hi (name withheld),

Can you please tell me what website you saw these links on? The reason I ask is because I have generously donated many free XHTML templates and WordPress themes to the Public Domain and Open Source Community and it's very likely that the website containing the offending links is using one of my free templates or themes - and on the bottom of all my templates and themes is a link back to my site - it usually says something like this : Template (or Theme) created by Karen Blundell ( aka arwen54) with a link to my website.

I have no control over who uses my templates and themes - nor will I be held responsible for how they are used. These creations of mine are a free gift and I will not have my good intentions smeared by people who have axes to grind.

In future, may I humbly suggest you use the whois services here Whois Lookup, Domain Availability & IP Search - DomainTools to find out the true owner of the domain/website before you go threatening the wrong person.

Sincerely,

Karen Blundell

Seriously - I get people saying stuff like I stole their content, I did this, I did that - and all because somebody has used my theme or template for nefarious reasons.

Will that stop me from ever giving away stuff for free? Not at all.
Being generous and kind though can sometimes bite you in the butt.

And then some people wonder why I have become such a hermit. Sheesh!

anyway, I hope this post helps other web designers out or anyone else who gives away free stuff. Don't let anyone try to bring you down if you are generous. Fight back!

Peace out,

Karen

Kay King 11 years ago

I think your answer was perfect and professional....a nice way of saying "hey stupid....":p
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- Karen Blundell 11 years ago
  
  Originally Posted by Kay King
  
  I think your answer was perfect and professional....a nice way of saying "hey stupid....":p
  
  thank you, Kay!
  
  as an online legal rep, you would think he would know about "whois", right?
  
  :rolleyes:
  
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  Steven Wagenheim 11 years ago
  
  I won't tell you what I would have written back. You showed great restraint.
  
  Idiots.
  
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Karen Blundell 11 years ago

Originally Posted by Ken_Caudill

You were much too nice to them.

Thank you, Ken!
story of my life - sometimes I wonder why the "bitches" always seem to get much farther ahead.

As much as I try, I cannot change my true nature.
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thunderbird 11 years ago

Impressive, professional, polite...unlike me.
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Project HERE.
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- Karen Blundell 11 years ago
  
  thank you Steven and TB - I won't tell you what I really wanted to write, then lol
  
  :p
  
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  Kay King 11 years ago
  
  as an online legal rep, you would think he would know about "whois", right?
  
  I expect "online legal rep" is the description of the day for a $10/hr gofer....:p
  
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  Signature
  
  Saving one dog will not change the world - but the world changes forever for that one dog
  ***
  Dear April: I don't want any trouble from you.
  January was long, February was iffy, March was a freaking dumpster fire.
  So sit down, be quiet, and don't touch anything.
  
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seasoned

11 years ago

Karen,

I have always been surprised that this didn't happen more often. Entities put their names ANYWHERE they can. The bootup on LINUX, or unix, is a who's who of the computer industry. MYSQL has THEIR links, etc... Even on WHOIS, there are like THREE names! OFTEN, they are ALL the same. But only the OWNER should be contacted for this. NOT the admin or the tech! BTW if you buy a domain for a website from that websites host, THEY are often the TECH contact!

Anyway, you handled it well, and HOPEFULLY they will take it to heart. I wonder WHICH person they will call though!

Steve

Thanks
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Karen Blundell

11 years ago

Originally Posted by seasoned

Steve

it doesn't matter who they call as long as it's not me

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MissTerraK 11 years ago

Excellent job, Karen!

Like Kay said, it was the polite and professional way to say, You're an idiot!

I love it!

And please don't ever try and change your nature, we luv ya just the way you are and won't accept anything less.

Terra
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HeySal 11 years ago

A lot of words for something that only takes 2...

Yeah, I'm afraid my "professional" doesn't stretch as far as yours. I always figure if someone else is, then I'm a bit obliged to be........but once they lose theirs, I am free to have fun with them in any way I consider fun at the moment. Considering I have a lot of things going on that are very steam-building, something like that, to me, is the perfect opening to be a complete ass in return. And asshole is something I'm really, really good at.
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When the Roads and Paths end, learn to guide yourself through the wilderness
Beyond the Path
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RobinInTexas 11 years ago

They don't deserve that much courtesy.
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Robin

...Even if you're on the right track, you'll get run over if you just set there.
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laurencewins

11 years ago

I think it was well handled. You didn't go off the deep end which also tells them you are professional and solidifies your case.

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Cheers, Laurence.
Writer/Editor/Proofreader.

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Karen Blundell

11 years ago

thanks everyone!

Sal, I had to sit on my hands for a few so that I didn't type what I really wanted to - and it WAS those 2 words - lol.

restraint is not normal for me - however, I do have to be professional if I want to continue to conduct business online - I have already made enough mistakes along the way for sure - so this is the new, more composed Karen.

I'm glad most of you approve

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seasoned

11 years ago

Originally Posted by Karen Blundell

What you said was true, clear, direct, understandable, got the idea across, and let the "legal rep" save face. It is rare when all that happens. So you did about as well as you could do. BTW KEEP all such correspondence for about 4 years or more. They may still be stupid enough to pursue things, and your response should be enough to kill it. If that happens, you can THEN make him or her look like a fool.

Steve

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thunderbird

11 years ago

I wonder how many clothing manufacturers are threatened with lawsuits because someone doing something bad was wearing Adidas shirt, Nike shoes, Hush Puppy shoes or whatever "identifying" markers on them. It makes about as much sense as threatening the creator of a freely distributed theme.

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Project HERE.

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seasoned

11 years ago

Originally Posted by thunderbird

Your comparison is correct, of course, but clothing has been so vague for over 100 years. People are USED to that! Admittedly, some people don't know the FIRST THING about anything even on the PERIPHERY of technology, and will latch onto any MORSEL! This is MORE true of a lawyer or collector, and even MORE true of people ACTING the part. So I can somewhat understand how karen got involved.

You would THINK, especially TODAY, that many would figure that the software might be branded or changed in some way, like it is everywhere ELSE! FURTHER, since there can only be ONE domain name, you would figure there was a central registry which must give only the one, that is RESPONSIBLE, access! So GEE, I would try to find out about the central location FIRST, and go THERE! HECK, that is what I did when I STARTED with the internet. When I started with the internet, there was only ONE company that even ACTED the part! There was NO godaddy, enom, etc.... They didn't have the courtcase allowing all this until 1999. TODAY, of course, godaddy makes it clear, in the US, that THEY do part of this!

Remember! One takeaway here is that lawyers, as a group, do NOT care about the law, or what is right. They don't even care if the guilty party pays. If some innocent party can be coerced into paying? Well, TOUGH! They got the money!

THAT is why I suggested keeping the paperwork for at least 4 years! WHY FOUR? Because many things are limited to THREE! LAWYERS will argue that that is when it STARTS! It ISN'T, but that is what they will argue! JUDGES DON'T CARE! A case is filed? Well, they want you to discuss the legality THEN! if you fail to be at that hearing, you LOSE! It is called a default judgement. so I figure 3 years will handle the LEGAL portion of most laws, and there is an extra year to be served, etc....

OBVIOUSLY, if you need to so much as LOOK at those papers within the 4 years, the length of time you should hold them should be increased by 4 years, or the length of whatever(court case, questioning, related payments, etc...) PLUS 4 years, whichever is greater.

I am not a lawyer, I only had experience with them.

Steve

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whland 11 years ago

Originally Posted by Ken_Caudill

You were much too nice to them.

Sure was.

My response wouldn't have been so nice. lol

CHad
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trader909 11 years ago

you can't cure stupid.
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I do not take too kindly to unwarranted threats!

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