CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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My impression was that having this site went in tandem with cleaning up their donor records, so they could act on the already paid for assets. I think they could mail to a cleaned db alone, but frankly with YEARS having gone by, it would be a mistake to do so without customer self-revalidation of their contact info/address. So no, I wouldn't think it is only to keep selling to new people.
Wonder if they are still selling IP violations, or only things they think are transformative works. I can't imagine their attorneys allowing the former.
Propworx may have spammed donors ising Axanar's mailing list, running afoul of laws and terms of use.
That's an email marketing no no. And Constant Contact can have Axanar's account blocked, depending on how many spam complaints were received. As I taught in my email marketing course for design agency ZURB, you don't buy lists and you don't give your list to someone else.
However, is there a gray area here considering that there's a very thin line between Axanar and Propworx? Regardless, the donors signed up for one thing, not the other.
This could be argued as Propworx seeking material benefit from an asset covered by the lawsuit. Could weigh in on whatever case is directed to Alec. More depositions seem likely because of this. Opens an opportunity for C/P to go looking for commingling evidence in Propworx records. Looks like a giant cratering to me.
Alec is fond of saying anyone who criticizes his ways of achieving his aspirations is a loser who has not accomplished anything. The *only* reason opposition arises is because the bold are always fought by losers.
Lets see how this argument plays out wrt/ the list.
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I spent years working for a variety of email service providers.
at the idea that Constant Contact would actually crack down on someone.
Yeah, I doubt anything is gonna happen because of this.
Much as I enjoy suggesting LFIM is violating the FTC Act, I'm not convinced there's a CAN-SPAM violation here. The FTC regulations do not prohibit Company A from using Company B's e-mail list. There's no "opt-in" requirement according to the FTC. And if AP did not have a privacy policy that stated it would not sell or give its users' emails to third parties, then consumers are probably out of luck unless there's evidence the emails themselves were mislabeled or failed to properly identify themselves as commercial solicitations.
Just a question.
Isn't Company A and Company B required to have some joint common ownership between the two companies, in order them to share customer information between the two?
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Not under the CAN-SPAM Act, at least as far as I know.
I think unless the California AG or someone of similar stature gets irritated enough, I doubt anyone outside the present legal arena will come down on LFIM.
Personally, I think enough evidence/questions have been brought up (by Carlos et al) and enough mud has been slung to make him persona non grata in 'the business'. Even if he doesn't get cleaned out, I doubt he'll be doing much besides running his dubious auctions and trying to prolong his various scams (if he's really ambitious, he could probably try to join the production companies for the various softcore entertainment ventures on late-night cable..........I doubt even they'd take him though).
He'll keep running his arrogant mouth and people on this side will keep hounding him. At least, that will keep going until enough people on this side loose interest. Once that happens, then the timer will really start ticking and his donors/allied/acolytes etc will slowly walk away as the attention/interest evaporates. Finally, he'll be left alone in his own echo chamber at which point, only he knows what will happen.
Of course all this doesn't take Terry into account. At this point, unless Carlos or someone else can verify he does have a bunch of 'smoking gun' type documentation, he's just an ex-staffer with a big mouth. If he's for real, he'll let loose with some of his info either publicly or in a deposition and we'll see the results of such sometime during the trial process. If not, well, I think he's smart enough to know when to walk away and he'll eventually drift off into the shadows while LFIM and RMB are still hamming it up.
Personally, I think enough evidence/questions have been brought up (by Carlos et al) and enough mud has been slung to make him persona non grata in 'the business'. Even if he doesn't get cleaned out, I doubt he'll be doing much besides running his dubious auctions and trying to prolong his various scams (if he's really ambitious, he could probably try to join the production companies for the various softcore entertainment ventures on late-night cable..........I doubt even they'd take him though).
He'll keep running his arrogant mouth and people on this side will keep hounding him. At least, that will keep going until enough people on this side loose interest. Once that happens, then the timer will really start ticking and his donors/allied/acolytes etc will slowly walk away as the attention/interest evaporates. Finally, he'll be left alone in his own echo chamber at which point, only he knows what will happen.
Of course all this doesn't take Terry into account. At this point, unless Carlos or someone else can verify he does have a bunch of 'smoking gun' type documentation, he's just an ex-staffer with a big mouth. If he's for real, he'll let loose with some of his info either publicly or in a deposition and we'll see the results of such sometime during the trial process. If not, well, I think he's smart enough to know when to walk away and he'll eventually drift off into the shadows while LFIM and RMB are still hamming it up.
I don't think Peters matters much at this point. The genie has been let out of the bottle and I'm afraid this movement will not end until the real fan universe becomes almost invisible.
Sorry to say, the downfall began with social fundraising, Paramount addressed it with a $50,000 per 15 minutes blessing. The next Peters follower will come along and attempt to exploit it, crushing just about everybody else in the process. It can be done and if successful, it's a minimum $2,600,000 gross per year industry, when done within the guidelines.
CBS' lawyers would love to hear him say that; it widens the scope of their discovery.
Propworx is a separately incorporated company. The fact Alec Peters owns both is immaterial. It is legally a third party to Axanar's donor list.
I won't say too much other than there are reasons why Terry McIntosh got a subpoena.
Normally it requires a third holding company, such as Redstone's holding company before the split owned about 80% of Viacom and CBS, Paramount was part of CBS until Redstone split CBS and Paramount into 2 companies.
Well, there ya go. A big email marketing no no.
All I know is since the enforcement of the no call list ended, my phone became un-useable. My business number often exceeds the amount of message space the auto answer records and I quit wasting time of clicking through the messages a long time ago. At the end of this contract, it's gone.
Interesting read. FWIW, English law also prohibits the selling or passing of details to a third party without permission and can carry up to a £500k fine should any donors be UK based. Whether or not such a fine can be enforced in the US is something I am unsure of.Propworx may have spammed donors using Axanar's mailing list, running afoul of laws and terms of use.
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