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+--- Thread: Nothing like a threatening letter from our new member (/thread-1600.html)
RE: Nothing like a threatening letter from our new member - Twitchin Kitten - 08-04-2010
Ha, ha, ha, ha they put the place on lockdown!
What the fuck are they afraid of?
Kevin Hannan, you and Ms Sears do not have a legal leg to stand on. YOU violated the TOS of my themes. YOU are the one in the wrong. I have EVERY right to send you an invoice and expect to be paid. YOU have the choice to put the credits and linkback in or pay me, and carry on with your whiny, miserable lives.
Locking down your site only shows you have something to hide.
RE: Nothing like a threatening letter from our new member - SyberB - 08-04-2010
The dork from Mock has no legal substantiation for his position.
He's not an attorney, and you can certainly tell from his writing, that although he WANTS to sound all authoritative and like he has a legal background, but instead he just comes off sounding like a half-cocked idiot.
He obviously doesn't know what he's talking about, he thinks he's really clever with this talk about 'contracts', like 'he's got you' because you didn't have a formal contract in writing. However, he fails to ignore the fact that you have a trail of evidence to show that you did, in fact, create that site theme.... and that the TOS for using one of your themes includes giving credit to your site, unless it is paid for (and that one wasn't).
I would counter by demanding PROOF that the theme was paid for, to continue the free use of it. And contact Twatchuss, not her little dorky pantysniffer. He is a nobody and you shouldn't even talk to him.
Even if he DID have authority to talk to you, you would have needed something in writing from Twatchuss first. Since she didn't even respond to you, for all you know, she never even got your message.
RE: Nothing like a threatening letter from our new member - Twitchin Kitten - 08-04-2010
Well, she did get my message. My POLITE message. I don't know what's up her ass but apparently it is causing her a big butt hurt.
There is one thing I need to correct you on. The TOS says the link-back needs to be there REGARDLESS if it's a custom or free theme. It's a $50 fee if they ask to remove it (which many customers have done) or I am within my rights to charge double that for it being done without permission.
I have SEVERAL copies of the Mock theme (which was needed to get the site back up for Ms Sears when Frank was uncooperative) and all the original code that is clearly indicative of my work is still in there.
What Mr Hannan does not realize is that a verbal contract is binding.
What he does not realize is that regardless whether I had or did not have a contract with Ms Sears, the TOS applies.
That was a FREE theme. You are allowed to alter free themes to suit your site but the readme in EVERY file themes are downloaded with has the TOS in there stating link-backs need to stay or pay up. NONE of those images are allowed to be redistributed. Those are copyrighted to ME and my site. That too is clearly stated in the TOS.
So, they cannot claim harassment. I've checked into this too. I am within my rights LEGALLY to have them stick to the terms of agreement when that theme was made by me and used on their site.
RE: Nothing like a threatening letter from our new member - ralgith - 08-05-2010
Lets not forget they have accused me of breaking into the site again as well. Though this time without naming names. And I'm 99% sure its simply because I "visited" to the banned screen (which still shows as the user has visited the site in the logs) since they banned so many of us upon re-opening the site. That's libel, or rather would be if I was named. Bastards need to pull the corn cobs out of their asses and they would feel better.
RE: Nothing like a threatening letter from our new member - Twitchin Kitten - 08-05-2010
Wouldn't it be funny if she saw all those posts in the back room from all the people who are her mods and 'friends' now?
RE: Nothing like a threatening letter from our new member - Twitchin Kitten - 08-05-2010
Not for nuthin', but I did forward all the letters to my lawyer. I equate this with theft of copyrighted material.
RE: Nothing like a threatening letter from our new member - Twilla - 08-05-2010
That's exactly what it is, they basically stole your intellectual property.
RE: Nothing like a threatening letter from our new member - Twilla - 08-05-2010
(08-05-2010, 03:34 PM)Twitchin Kitten Wrote: Wouldn't it be funny if she saw all those posts in the back room from all the people who are her mods and 'friends' now?
Yes. Yes it would.
RE: Nothing like a threatening letter from our new member - Twitchin Kitten - 08-05-2010
(08-05-2010, 05:23 PM)Twilla Wrote: That's exactly what it is, they basically stole your intellectual property.
Yeah and last time I checked copyright theft is illegal.
RE: Nothing like a threatening letter from our new member - Jamminitin - 08-08-2010
I just took a lookie there and the only recent posts were from Lady Cop, Duchess and God......pretty slow over there apparently.