Re: Why my site is closed

[Bob_Maxey@xxxxxxxxxxxx]

>>Personally, I would have asked legal advise *before* even taking the
>>site down....just imagine you were on holiday, not able to do anything,
>>including being unable to read your mail in the first place.
___________________________________________________________________________
___



     Personally, I think you need to put up another site. Why not make
changes and for the time being, stop using the IPIX stuff. Second, from the
reply from their US lawyers, it seems that they are fishing. How dare they
threaten you for using a photo and then tell you that "Whoops... we are so
sorry, the photo you used is not ours... so sorry" Then all this crap about
using parts of their plug-in; IE, the Header.

     On your revised site you can feature other plug-ins and viewers and
simply tell the visitors that you have found the use of the IPIX software
to be too difficult and state the reasons you do not wish to use their
Viewer. Recite all their complaints and tell the visitor that if they put
up images, IPIX tries to restrain them and threaten legal action. Mention
that they falsely accused you then recanted. Tell them that IPIX will not
allow them to feature other similar types of software. State comparisons of
the IPIX products, the need for special cameras. Be truthful and state all
of the bad points and/or bugs you can find. Do a serious product review. Do
not let them off the hook. Above all, TELL THE TRUTH. Be brutally honest
here.

     You should carefully understand this one simple fact: They falsely
accused you of something. Everyone on this list knows that. Why not simply
tell those lawyers you intend to seek council and see if you can sue them
for defamation of character? Tell them that you will write about your
problems, see what on-line advocacy groups you can find to help you in the
matter.

     It seems to me they want to bring a mass market product to the Web,
and can't afford to have others know that they might be in for the same
treatment.

     See what response you get from them. Incidentally, there is enough
president set already about e-mail. Their disclaimer about not disclosing
the content of the e-mail (In their letters to you) has also been fought.
The experts in the field will tell you that no one should labor under the
impression that e-mail is private. The IPIX lawyers must also be aware of
this. Did you sign any sort of nondisclosure agreement with them? If I sue
someone and the lawyer gives me some documents, there is nothing preventing
me from showing them to others. Their disclaimer indicates to me that they
do not want publicity. They want to meet with you, form a partnership.
Sounds like they made a mistake.

     Third, they are worried about your Web Page being a "Bridge to other
imaging software" They can't tell you not to provide alternatives, and
restraint of trade is illegal here in the USA. I do not believe they can
tell you only to feature their stuff. However, if you do not use their
special potatoes, cooking oils and specific temperature specified by
McDonald's, they will come after you. So who knows what they can do. A
lawyer is someone you need to talk to.

     Fourth, they specifically say on their Web site that IPIX Images can
be "Linked together.....or incorporated with other development
environments..." Seems to me that they are allowing someone to use the IPIX
product in a variety of ways.

     Is the Viewer free? If so, they have not demonstrated that you have
caused them any financial loss.


What is their problem?

Regards,

RM