Lawsuit Against Rick Butts Red Herring
Yesterday one of my readers, who has commented on my blog post about Stompernet and people who only send you offers & product launches, forwarded me an email allegedly from an employee of Stompernet, threatening a lawsuit against him - and also against me - if he didn't get me to remove the post.
At first I was really jacked up about it - for obvious reasons - nobody likes to be bullyed and I was all self-righteous about my blog being a place where freedom could ring.
I made this post and threatened to print the actual email - then I got a voice mail from Andy Jenkins and from Brad Fallon, neither of whom apparently knew anything about this alleged email.
I was miles from home and my computer, but when I returned home, I sat down and went through the comments on the most trafficked post I'd ever made in my life - and I realized something.
There were comments in there that were over the top. Reading my own attempts at moderation in hindsight revealed to me that even most of the commenters who blew a fuse, had gone back in and apologized. This should have been a clue to me.
So I've just finished pruning some things that should have been shared 1 on 1 or in a phone call, even removing some of my own remarks. 90% of what is in this excitable thread was untouched - because most of you got it - that this was originally about email overload, and my own personal gripe about the product launch method. It was never about Stompernet as a company (good company) or about the owners (smart guys) or about the faculty or product which stands on it's own as a solid value.
I'm not TMZ and I'm not another version of my last name - my goal is and always has been to help people be successful - and that includes calling out bad marketing or bad people. I will do it in the future (just wait until I take on Domain Squatters!)
I will not approve any more comments that make personal attacks - anyone with Internet access levy accusations and I will not carry water for that sort of thing.
"I, Rick Butts, being of sound mind, do confess to editing this blog post content. Not under duress from anyone or any attorney but for appealing to my better angels." I would delete this post but the doggone title is so incredibly good and it's already gone out via RSS - so I thought it would be better to EXPLAIN the thing rather than delete it and leave the old one as standing erroneously.
And now, girls jumping on trampolines… 
Spread the Word!
Comments on Lawsuit Against Rick Butts Red Herring »
Stompernet, "me thinks thou doth protest too much".
Hi Rick, I think I know who the commenter is that you're referring to and yes, I would like to see the letter that Tom sent to him. It might show others how NOT to react to criticism.
Of course, I'm not a lawyer and I don't play one on TV, but I've read every one of the comments on the 'Unsubscribe' post and I didn't see any that would be grounds for a law suit.
What saddens me the most about this is that Brad Fallon is someone whom I've always had the utmost respect and admiration for, but as a member of the Stompernet faculty he's now lumped into this controversy. As of yet, I've not heard what he has to say about all of this, but I'm anxious to know.
Sharon Bray-McPherson
Sharon Bray-McPhersons last blog post..sbraymcpherson: Watching the intro video for @ed_dale 's 30 Day Challenge.http://is.gd/ozM
Yes you should post the email if your telling the story so readers can see first hand whats going on with both sides of this very interesting story!
HELLOOOOO. You just included three concepts I can't keep quiet about! The LAW, FREEDOM, AND FAIR COMMERCE.
Let that mother rip, Rick!
If Stomper has threatened to sue and if they have made any formal documentation. … then and ONLY then should you publicize the threatening letter.
Because once Stomper moves to document, in the public record, a legal action or an intent toward legal action, Stomper effectively says, "We wish to take this quarrel to the public arena".
When they make that move, you make yours. Prepare your legal self, and take this to the street by publicizing the email to you're constituents … blogger and the free public who want to know what's going on.
As for case law, I can't comment facts. BUT there can only be such a fine line of legal precedent for courts to interrupt the public discourse. There has to be some kind of slander of libel, something that fabricates an image of Stomper that is materially false. The courts' function is to prevent and remedy these unjust cases.
Other than that, if you are an entity or individual in a free republic with traditional American Constitution-type laws governing … and if you are involved in a business that transacts with the public at large … you DO NOT DO NOT DO NOT have the courts as some kind of tool to silence any public discourse about your services or products.
My bets are 10-1 that if something like this occurs … the company has made an error, NOT the companies market, it's constituents, in this case, bloggers.
In fact, the case is … you subject yourself to it.
Stomper only has a case if the blogger did something really crooked … against the law. The Rick Butts website hardly seems to be a place where such crooks roam. Other than that, stomper is reacting violently toward a disastrous PR event
Let's see how this one plays out. COUNT ME IN, buddy, for this discussion!
Christopher Floress last blog post..chris_flores: @DonnaFox i think i submitted a question in the wrong place so disregard for the next show
correction — "in fact you subject yourself to it" is suppose to go before the "bets 10-1" paragraph
Christopher Floress last blog post..chris_flores: @DonnaFox i think i submitted a question in the wrong place so disregard for the next show
I say post it!
Dr Wrights last blog post..Personal Passion -Click to Watch Online
Hmm… I don't see any comments that are genuinely libelous. Just Colin ranting about an insider telling people to clear their cookies… which really has no net effect on anything. He hasn't said anything specific that can be proven untrue.
Nathan Andersons last blog post..New Contest - Who’s Your Friend?
1 - yes, 2 - no idea.
This whole thing is just growing.
It's hard to focus on the main issue…
Is it social media vs internet marketing? Product Launches .vs. Word of mouth? Affiliates .vs. Merchants?
Whatever it's about, it's a hornet's nest on Viagra and you've wacked it with a baseball bat.
I feel that in business and life - when you stay positive and try help people -> you are more successful.
If someone is being publicly negative towards your business it's better to come out and deal with it publicly and not w/ private emails/threats.
StomperNet is full of a great bunch of people and have a solid affiliate program, from what I've seen. It's real hard to comment further until we all see the facts, assuming you're allowed to post it publicly.
Why don't you get the ok to put it all out there on the table and let all parties battle it out live on your show in a cage match?
The challenge will be keeping it objective.
Should be a fun show and hopefully we're all stronger by the end of this debate, with winners all around.
Gotta go get some popcorn. The lights are dimming
I wonder if anyone will post comments for fear they will be tarred with the same brush that you are saying you are Rick.
I am not saying what you are writing about is not the absolute truth as you see it, but I am amazed that it is written in sales letter format.
If your audience is other internet marketers, then they are going to equate sales letter = extended bullshit trying to get someone to buy my stuff.
Is this extended bullshit? Are you creating a stir?
Rick, before you publish anything else, please let me talk to Tom and find out whats going on. I presume you're interested in all sides of the story, and since my company isn't litigious, it might be a good idea for you to allow the other side of this (StomperNet) a fair shake.
I know that there's a previous and negative history with the commenter that you mention - and there is likely a lot more here than you're allowing a forum for.
Getting our side of the story (once I know what it is) is the right and reasonable thing to do before you publish uncorroborated or single-sided information - agreed?
Q #1 Was the email sent through Gmail? If so I believe that may make it tough for Them to sue for posting copyright material (would be a separate issue I realize, but may not be beyond them)
Q#2 Libel suits in regards to the Internet obviously happen… but they are still very murky waters when it comes to judgements. You may find some interesting material here-
http://cyberlaw.stanford.edu/freetags/internet-libel
Rick my last message disappeared. I think you should fully post the threat as it was presented. Bring the ammo to the table. Your on the right path. I got the balls to say it!
Hi Rick
Monitoring what is said on a Blog should not ever happen - freedom of speech? If your post and subsequent comment hit a nerve then maybe they need to fix that particular pain. This is how we grow…
Dottys last blog post..Gravitars: I did not even know I wanted one
I have been working on a post for the last 7 hours which I have been in mental anguish over writing/posting for 5 days.
Lots of claims of defamation, demands for posts to be removed, a whole load of shill comments in multiple names from the same IP, in the same threads, and to top it off character assassination all over the internet (social media marketing style) to totally destroy an honest blogger by portraying him as a pedophile. No it is not finished yet… and even if I finish writing it, I am still not sure I will post it.
However I just happen to have this link open in a tab, which you or your readers might find a useful reference.
http://www.chillingeffects.org/defamation/faq.cgi
Andy Beards last blog post..I've Been Robbed!!!
Friends - after a careful examination of the facts, I've gone back in and edited this post to clarify the events and to explain what I have done to rectify it.
Please refrain from making any critical remarks here about Stompernet - and re-read the new post.
Thanks
Rick
Thanks to Andy Jenkins and Brad Fallon for clearing up this whole thing.
"Nip it in the bud" Deputy Barney Fife
Hi,
First, I appreciate the original intent, product launches have become way out of control. I have no wish to attack any particular so called "guru", but rather, the way things are currently.
I first made my feelings known a while ago, with an article I wrote titled, "My Bonus is Bigger Than Yours". ,
( http://ezinearticles.com/?My-Bonus-is-Bigger-Than-Yours&id=625499 )
In the interests of the all mighty dollar, it seems as though the greed of the market outweighs the concern for the people being pounded with an almost unlimited parade of emails.
From my point of view, it's simple. Offer a service/product that fulfills a legitimate need and provide proper support. While I realize that resorting to the techniques now being used can create a firestorm of interest and discussion, at the end of the day, it's the mirror that determines how I choose market my business.
So I applaud the original post.
Regards,
Phil
I applaud the original post on this!
Hugs,
Maria Reyes-McDavis
I keep waiting for them to hire me . . . but they never call me.