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frogger wrote:
Thepill wrote: Not a lawyer, but I deal with contracts often.
I have not read your contract, but here is 2 cents based upon what you shared.
A license doesn't make you the owner of the the site nor the URL.
Moving a site to a new hosting company is not the same as taking all licensed material and setting it up under a new identity / URL.
If I had licensed the former site to you and you had taken everything (users accounts and content) I would be upset too.
If your agreement didn't explicitly give you the rights to take users and content you will likely be spending more $ of lawyer fees and fines for violating the license agreement.
Again, my 2 cents based upon the details presented int his thread.
Robyn.....honestly...... lol
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MyMountainTown wrote: Dear members and advertisers of 285bound.com and mymountaintown.com
... I was also paying that money so that I could have an exclusive geographic territory and so as to ensure that I would not have to compete with Robin herself, or any of her companies or affiliates.
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cabinish wrote:
MyMountainTown wrote: Dear members and advertisers of 285bound.com and mymountaintown.com
... I was also paying that money so that I could have an exclusive geographic territory and so as to ensure that I would not have to compete with Robin herself, or any of her companies or affiliates.
In reply to your update -
I consider you very capable and hard-working, SC, so I consistently promoted you and 285Bound, thanked you profusely publicly and privately for your helps to my own site, EvergreenBound, and have avoided comment on this dispute to date. All site owners give tremendously to these sites, and even those that have gone by the way side dropped off more from the sheer volume of work involved than just keeping up with changes on the internet.
You do many things admirably, but you haven't mentioned in this update your own expansion and self-promotion in Evergreen, the territory you're fully aware I bought and paid for, and you did not. It seems obvious to me that the name "My Mountain Town" is purposely non-specific to facilitate using the internet to capture areas beyond your own, including competing directly against Communities Bound and affiliates.
“My Mountain Town” is being promoted to this day with slogans tailored to go well outside the territory you feel was stolen from you:
The Mountain Connection as “serving Evergreen”,
The Mountain Neighbor as “where Colorado community’s connect”,
Your Facebook page as " from Morrison to Fairplay, Jefferson County and Park County!"
Your MMT homepage as "how Colorado communities connect",
as well as other venues and means; you’ve had Evergreen advertisers ,and post extensively about Evergreen on FaceBook, Twitter and YouTube (gleaning Evergreen visitors/members) etc. All this while you are engaged in a lawsuit, much less what you would do were that matter behind you, actively competing with sources too lengthy to even list here.
Like you, I also have made sizable investment in (as you state in your own words) ”an exclusive geographic territory and so as to ensure that I would not have to compete with Robin herself, or any of her companies or affiliates.” I also relied on assurances to myself and other affiliates I witnessed that I could work my own territory without undue competition or tortuous interference, yet the person who sold the sites now appears to fully support you in your endeavors, apparently with full knowledge that you are competing in the very territory he sold. It's been a wild ride. No one would pay anything to anybody without the expectation of their own territory, since website only templates are available from many sources for free, and you can get a URL and hosting from GoDaddy.com for $12. Internet may be free source and all that but we bought these sites for a reason, and you mention territory was key. I have always honored your territory.
In the absence of her former partner, Robyn as CB is trying to fulfill those assurances and contractual obligations, and to protect and defend the territories of her existing affiliates, including mine in the Evergreen area. This catch-22 is an easy fix. Simply relieve her of the burden of defending her current affiliates respective territories by agreeing that you and your own associates won't compete with those affiliates. From Fairplay to Morrison with a corridor you've got a territory of over 400 square miles after all. Just a suggestion, and I admit I don't know the details, but don't force her to choose between abandoning her affiliates and coming to agreement with you. Regardless of anything else that has transpired, there may actually be an honorable reason behind what you may interpret as senseless delay.
There is even a portion of thread here somewhere where members volunteer enthusiastically to start new sites, one in Evergreen by the way. Maybe these people don’t realize that our entire personal lives and finances suffer to offer these sites, but you certainly do. I’ve lived in the Evergreen area 23 years and assure you, my allegiance to my community is quite legit and a labor of love, and my investment is out-of-pocket and sizable on all levels.
Surely the remaining issues can be worked out. I just haven't seen evidence of any desire on Robyn's part to retain or otherwise profit from the 285Bound site or URL, which has to have ongoing hosting expenses for her after all. What's the point of "stealing" something that just creates expenses?
In my case, I have always been free to use another website template but the URL stays with CB. My understanding of a website is a place where documents and images are presented and stored (on a server). A URL (Uniform Resource Locator) is the address where you can locate the website on the internet. Colorado law has strict provisions regarding emailed signatures and changes to contracts, and it applies to all. The tech support I've received from Robyn working fires, creating graphics, posting news, training, etc. is valuable and working for me in my own situation It doesn't imply that I won't upgrade/update or redesign as time progresses.
Either way, it's a shame that sites that were meant for the good of the communities have created any battlefield at all, but anyone intending to ruin anybody or punish with legal expenses is a tragic motivation regardless who does it, with consequences to all concerned.
Lastly, I hope you both will step back and consider your futures and your families who share you too much already with these sites. Life is short, spending it in a courtroom is in no one’s best interest, I'm sure you both can agree on that.
Sources:
http://mtnconnection.com/2013/09/16/my- ... ng=related
http://www.evergreenchamber.org/_assets ... duced2.pdf
http://business.evergreenchamber.org/Ho ... 7-2012.htm
https://www.facebook.com/MyMountainTown
http://www.ctmsoftware.com/ctmone_docs_ ... %20Act.pdf
http://www.isaacbowman.com/esign-state-laws-colorado
http://wiki.answers.com/Q/Difference_be ... te_and_url
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If there really are other people besides CG and SC who are involved or effected by this dispute, I think this goes into an entirely new level I was unaware of. I post on these forums not because I live up there, but because I'd like to move back one day.cabinish wrote:
MyMountainTown wrote: Dear members and advertisers of 285bound.com and mymountaintown.com
... I was also paying that money so that I could have an exclusive geographic territory and so as to ensure that I would not have to compete with Robin herself, or any of her companies or affiliates.
In reply to your update -
I consider you very capable and hard-working, SC, so I consistently promoted you and 285Bound, thanked you profusely publicly and privately for your helps to my own site, EvergreenBound, and have avoided comment on this dispute to date. All site owners give tremendously to these sites, and even those that have gone by the way side dropped off more from the sheer volume of work involved than just keeping up with changes on the internet.
You do many things admirably, but you haven't mentioned in this update your own expansion and self-promotion in Evergreen, the territory you're fully aware I bought and paid for, and you did not. It seems obvious to me that the name "My Mountain Town" is purposely non-specific to facilitate using the internet to capture areas beyond your own, including competing directly against Communities Bound and affiliates.
“My Mountain Town” is being promoted to this day with slogans tailored to go well outside the territory you feel was stolen from you:
The Mountain Connection as “serving Evergreen”,
The Mountain Neighbor as “where Colorado community’s connect”,
Your Facebook page as " from Morrison to Fairplay, Jefferson County and Park County!"
Your MMT homepage as "how Colorado communities connect",
as well as other venues and means; you’ve had Evergreen advertisers ,and post extensively about Evergreen on FaceBook, Twitter and YouTube (gleaning Evergreen visitors/members) etc. All this while you are engaged in a lawsuit, much less what you would do were that matter behind you, actively competing with sources too lengthy to even list here.
Like you, I also have made sizable investment in (as you state in your own words) ”an exclusive geographic territory and so as to ensure that I would not have to compete with Robin herself, or any of her companies or affiliates.” I also relied on assurances to myself and other affiliates I witnessed that I could work my own territory without undue competition or tortuous interference, yet the person who sold the sites now appears to fully support you in your endeavors, apparently with full knowledge that you are competing in the very territory he sold. It's been a wild ride. No one would pay anything to anybody without the expectation of their own territory, since website only templates are available from many sources for free, and you can get a URL and hosting from GoDaddy.com for $12. Internet may be free source and all that but we bought these sites for a reason, and you mention territory was key. I have always honored your territory.
In the absence of her former partner, Robyn as CB is trying to fulfill those assurances and contractual obligations, and to protect and defend the territories of her existing affiliates, including mine in the Evergreen area. This catch-22 is an easy fix. Simply relieve her of the burden of defending her current affiliates respective territories by agreeing that you and your own associates won't compete with those affiliates. From Fairplay to Morrison with a corridor you've got a territory of over 400 square miles after all. Just a suggestion, and I admit I don't know the details, but don't force her to choose between abandoning her affiliates and coming to agreement with you. Regardless of anything else that has transpired, there may actually be an honorable reason behind what you may interpret as senseless delay.
There is even a portion of thread here somewhere where members volunteer enthusiastically to start new sites, one in Evergreen by the way. Maybe these people don’t realize that our entire personal lives and finances suffer to offer these sites, but you certainly do. I’ve lived in the Evergreen area 23 years and assure you, my allegiance to my community is quite legit and a labor of love, and my investment is out-of-pocket and sizable on all levels.
Surely the remaining issues can be worked out. I just haven't seen evidence of any desire on Robyn's part to retain or otherwise profit from the 285Bound site or URL, which has to have ongoing hosting expenses for her after all. What's the point of "stealing" something that just creates expenses?
In my case, I have always been free to use another website template but the URL stays with CB. My understanding of a website is a place where documents and images are presented and stored (on a server). A URL (Uniform Resource Locator) is the address where you can locate the website on the internet. Colorado law has strict provisions regarding emailed signatures and changes to contracts, and it applies to all. The tech support I've received from Robyn working fires, creating graphics, posting news, training, etc. is valuable and working for me in my own situation It doesn't imply that I won't upgrade/update or redesign as time progresses.
Either way, it's a shame that sites that were meant for the good of the communities have created any battlefield at all, but anyone intending to ruin anybody or punish with legal expenses is a tragic motivation regardless who does it, with consequences to all concerned.
Lastly, I hope you both will step back and consider your futures and your families who share you too much already with these sites. Life is short, spending it in a courtroom is in no one’s best interest, I'm sure you both can agree on that.
Sources:
http://mtnconnection.com/2013/09/16/my- ... -connected
http://www.evergreenchamber.org/_assets ... duced2.pdf
http://business.evergreenchamber.org/Ho ... 7-2012.htm
https://www.facebook.com/MyMountainTown
http://www.ctmsoftware.com/ctmone_docs_ ... %20Act.pdf
http://www.isaacbowman.com/esign-state-laws-colorado
http://wiki.answers.com/Q/Difference_be ... l?#slide=1
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ScienceChic wrote: A little perspective, Ridegway. My original post was back on Dec 19th, and yes I will make periodic public updates as this is a public forum and what's going on affects everyone. It was a factual statement made about the status of the dispute, which hadn't been done since I'd officially filed the lawsuit in September. Every other post are other people's comments which they are certainly free to make as that's the point of a forum, or my replies concerning technical issues that were brought up.
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