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SEO Inc Sent Me a Cease & Desist

marcus [PersonRank 0]

Thursday, May 5, 2005
19 years ago

seriously, don't cave in to their demands. what's next? the film studios sending c&d's to roger ebert for trashing their latest flick?
it's absurd, and you shouldn't play their game.

Brian [PersonRank 0]

19 years ago #

Philipp you didnt do anything wrong. You can't let them get away with this. Send an e-mail to the EFF or something along those lines and see if you can get help

tom [PersonRank 0]

19 years ago #

I agree, stand up for your rights and fight them.

Richard M [PersonRank 1]

19 years ago #

Whatever happened to free speech. :(
This is the internet, it's not owned or controlled by anyone – fight them!

M. Möhling [PersonRank 1]

19 years ago #

"...is your assurance that SEO Inc ...incorporates ...ethical ...methods..."
Yeah, right?! I can't help it:
http://64.233.183.104/search?q=cache:D0eI14gGpV4J:blog.outer-court.com/archive/2005-04-25-n62.html
Those guys are truly lovable humang beings, aren't they??

M. Möhling [PersonRank 1]

19 years ago #

Thinking again, you might have to delete the google cache link above, so I sent a mail to info[put at-character here]seoinc.com, maybe some visitors want do do the same.

Sirs,

Your cease & desist demand against blog.outer-court.com is an appalling and
futile attempt to curb free speech, besides it's damaging what reputation
may be left – the text will be available on the internet to anyone
interested anyway and you are even actively triggering that interest. So it's
not only futile, it's direly unprofessional and uncovering unsavoury
practices.

Regards,
Marek Moehling

Byteshift Web Design
Naunynstr. 82
10997 Berlin
Germany
www.byteshift.de

Juan [PersonRank 0]

19 years ago #

hummm... it is not in webarchive.org, there are no 2005 pages from your blog, did you exclude it?

yes in google cache, but it will be updated with the new content unfortunatelly

isn´t any freedom of speech association for bloggers where to ask about all the intimidating notes from lawyers? or shall we use PGP in all email and webpages?

James Otis [PersonRank 0]

19 years ago #

Well, it's still in the Google cache for now. Maybe the cache entry needs to be posted to groups for preservation?

http://64.233.161.104/search?q=cache:D0eI14gGpV4J:blog.outer-court.com/archive/2005-04-25-n62.html+site:blog.outer-court.com+seo+inurl:%222005-04-25%22&hl=en

Anyway, wouldn't the fact that you are in Stuttgart severely complicate any measures they might contemplate (beyond threatening letters, that is)?

Martin Terre Blanche [PersonRank 1]

19 years ago #

My first reaction was anger at SEO Inc for trying to suppress Philipp's right to fair comment, but on second thoughts I'm at least as angry at their lawyers Stradling Yocca Carlson & Rauth for participating in these kinds of bully-boy tactics. Shame on you Michael L Lawhead, esq. for making clearly false and slanderous accusations such as that Philipp Lenssen has "engaged in a campaign to discredit and damage the Company". He has done no such thing.

pk_synths [PersonRank 2]

19 years ago #

All you left was an opinion and you cant be sued for an opinion. You didnt demean the company nor talk "trash" so this lawsuit is meaningless.

I think they need to get out on the forums and see what is really being said.

-PK

Shital Shah [PersonRank 0]

19 years ago #

Dude,

This threat has no meaning. Your rights to speak about any company you want is protected by free speech. BTW, from PDF it looked like you were in Germany. In that case, you have even one more reason not to give a damn.

H C [PersonRank 0]

19 years ago #

Google cached page of the post was saved for future reference and publishing.

George Hotelling [PersonRank 0]

19 years ago #

Consider submitting this to ChillingEffects.org to show how C&Ds can have a negative effect on criticism. What you wrote was fair use, but like Larry Lessig says fair use is only the right to hire a lawyer.

Go Boy! [PersonRank 0]

19 years ago #

Keep up their cease & desist letter. It tells all you need to know!

Piotr Zgodzinski [PersonRank 4]

19 years ago #

hi Philipp!

Please do as a favour and convert this letter to html and publish it on the front page, as not everybody will click on pdf file – it’s content is extremely interesting.

To say more – it is ridiculous. I can copy a part of it here as my own words: SEOinc Google ranking indicates, that this company has lost the biggest proof that it’s services are worth paying for.

Dear SEOinc, please sue me now. Although I’m a little afraid, that the law of the State of California does not reach Europe, I’m sure the case would be very funny ;)

Joe Crawford [PersonRank 0]

19 years ago #

On what basis can they possibly do anything to you?

I would ask them what they intend to do if you post about their company again. It’s not clear to me what grounds they would have for suing you – you’re calling it like you see it, asking questions about what their lack of PageRank might mean for them, and for their customers. These, it seems to me, are legitimate questions.

I encourage you to look at some methods for speculating and writing about them in ways that are less definitive. Merely phrasing something as "Does this evidence mean SEOInc has been blacklisted by Google? I think it might mean that." vs. "SEOInc has been blacklisted by Google." may be enough to negate any viability of any lawsuit by them.

Of course, I’m not a lawyer. But it seems like if I were writing about this stuff, how I would handle it so that I would not feel squirmish about posting.

Chris C. [PersonRank 1]

19 years ago #

Register the cease and desist with http://www.chillingeffects.org

Joey [PersonRank 0]

19 years ago #

A business model entirely based on someone elses secret formula that they can’t control, doesn’t seem to be long for this world anyway.

Maybe SEOInc could focus on relevant content instead of tricking the system?

e3ashig [PersonRank 1]

19 years ago #

I dont think that cease and desist order is justified. People talk about this kind of thing everyday. You have not talked about anything more than what a decent honest reporter working for any newspaper or magazine or a website would do. In fact, I found what you said amuzing and did my own check and was impressed by it.

That is the spirit of blogging isnt it. :s

I think your website is very cool and you should continue posting about this kind of stuff as it is quite elluminating.

Philipp Lenssen [PersonRank 10]

19 years ago #

Thank you all for your support. This is about all I can say at the moment, because at the moment I cannot say all I want to say. As I’m responsible even for content in this forum, I’m replacing certain words that may go against the cease & desist. Again, please stick with me through this and continue supporting this blog, and do not turn your anger against me – other bloggers may be in the same situation that they cannot pay a lawyer. Do not think this issue is not important to me or that I’m taking any decision lately. I’ve been asking several people for their advice on this situation the last days, and I’m hoping to do the next best thing to hiring a lawyer, which would be a monetary problem. I’ll continue reading your comments here, or in your own blogs, or anywhere else where you want to talk about this. This is all I can say at the moment.

Chris Nielsen [PersonRank 0]

19 years ago #

Everyone that would like to support Mr. Lenssen in this matter should pull a copy from the cache and publish the original post as many places as possible, even if it's on a free hosting account somewhere.

It's too bad the post hit a sore spot with the company, but if they suck, they should pull themselves up and make some improvements, and not get tough with someone who seems to just be stating the facts.

If they were trying to keep people from talking about them, this is NOT the way to do it. Let's (not you, Mr. Lenssen... :-)) show them this kind of crap does not work. It makes me ASHAMED to be living in the US!

Maybe someone could do a press release that includes the original post...? Or call some reporters at least?

Juan [PersonRank 0]

19 years ago #

Philipp I had not read the PDF. I think it is ridiculous but I undertand that you want to avoid any problem.

What I think could be done is to write the article again, but just exposing the facts (e.g. that the SEO company named XX lost position on Google, that they used such and such techniques which Google condemnes and are now useless, etc. WITHOUT any adjective (e.g. do not use "black hat", not worth, etc).

I don´t think they can say anything.

Regarding the PDF as it came in a personal email can´t they consider it private?. I see more problem in exposing private email than in posting opinions.

Incredible Help [PersonRank 0]

19 years ago #

Are you stating anything that be viewed as liable or derogatory about the company?

Andrew Doctorow [PersonRank 0]

19 years ago #

Google Cache is your friend ;)
http://216.239.59.104/search?q=cache:D0eI14gGpV4J:blog.outer-court.com/archive/2005-04-25-n62.html+Fall+of+%20[That%20SEO%20Company]&hl=en

Ades [PersonRank 6]

19 years ago #

Good luck Philipp with these guys. Little they know, they created even more interest in that post. I personally don't remember reading it but I rushed to google cache to read it.

By the way, there are other blogs/forums reporting the same thing. I wonder why they targeted you.

good luck again

Matthias [PersonRank 1]

19 years ago #

Booh, what a PR blooper... will these corporate types never learn? It's common knowledge that bloggers are an angry lynch mob. And we're more aggressive than a mama bear protecting her cubs.

What a picture... a lynch mob of angry mama bears going after that SEO company ;-).

tom [PersonRank 0]

19 years ago #

One funny thing I noticed from all the above, was how many people on this fourm do not understand how the Google cache works.

I thought that most people understand how it works and how it is updated almost daily for many sites. I was surprised to see how most people do not understand this.

deweycheatemandhow [PersonRank 0]

19 years ago #

You should put it back up. They are trying to infringe on your right to free speech. What you said was your opinion, and when companies put themselves out there in the public eye, making claims about their abilities, they need to back them up. You were simply stating the obvious.

I’d say put it back up and tell the to come after you. You live an dpost (presumably) in Germany so it’s not California law you have to abide by.

doh! [PersonRank 0]

19 years ago #

Where are you based? Outside America? – tell them to jump – I’d like to see them lay a court order on you if you’re not from the states.... you can wipe your arse with it!! or otherwise drag them through your own countries courts on legal aid before they get you!!

M. Möhling [PersonRank 1]

19 years ago #

Should the google cache fail, the article is reproduced here:
[...]
[...]
[...]

I transcribed the cease and desist demand here:
http://www.byteshift.de/msg/blog.outer-court.com/seoinc-cease-and-desist-demand-pdf

As Philipp deleted the law firm's address (that I'd like to see published as well) I'd be glad if someone in possession of the original PDF would sent it to me: info()byteshift()de

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