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We have been gimped by a nail polish company
Topic Started: Saturday Oct 10 2009, 12:21 PM (122 Views)
King Hiss
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You may have all noticed a sever lack of images on the forum. For starters, flick over to the Zetaboard Original theme so you can actually access the posting buttons for now.

So why are we gimped?

We host everything together with Mazoo's little projects, since we only need to host a small amount of things like images and the ticker. Mazoo has her B-Movie site, stinkomovies.org and her Pretty Random blog which is mostly about Nail Polish. You wouldn't think it, but the nail polish scene is pretty damn big....

She posted a blog yesterday, calling out a supposedly Australian nail polish company called Chimera for dodgy practices. Effectively, the equivalent of some marketing mob joining our forum to advertise games to us. The Aus rep apologised, but it seems the company has a massively dodgy Chinese underbelly, and they threatened her with legal action for having an opinion. On her public blog mind you. The nail polish community effectively turned on the company pretty quick after seeing that.

Now it appears that the company has had the site pulled, completely. Stinkomovies is down as well as our gear. We're talking with the host right now to sort it out and it looks like it will be back soon.

Since when dis hosts decide it a good idea to pull a site first and ask questions later? You can complain about anything these days and have a site turfed...
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JAMSIN
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Freedom of speech. they cant pull a site down based on personal opinions. I read a similar thing the other day with boingboing.net and a ralph lauren advert that was massively airbrushed and made the model look fucked, her head was bigger than her waist.

RL sent a letter to boingboing host and told them to cease and desist which the host didnt and boingboing just went on to mock them for stupidity proving a point. http://boingboing.net/2009/10/06/the-criticism-that-r.html

I doubt they would get far with the legal action if they tried.

The host shouldnt have shut the site down, its not their problem, they're just wussing out, since users content isnt their problem really.
Edited by JAMSIN, Saturday Oct 10 2009, 12:35 PM.
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branden77
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chinese, nuff said.
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King Hiss
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Their dodgy practices led to bad publicity. If a magazine gave their product a a crap review, would they threaten legal action?

Hopefully they put everything back up in it's entirety, and I'll link you guys to the offending drama. I can't even begin to tell you what the legal threat was exactly. It was some broken english bullshit about discussing a companies internal procedures or some crap. They acted like they were just random, every day users though. Their IP addresses and shitty grammar were obvious give aways.
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JAMSIN
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Most of the time its just a standard templated email/letter they send which often leads to bullshit reasons they're claiming offensive or defaming etc.

But yeah if a product was given a shit review in a mag or online website (say like a gaming site) you dont see the developer sueing the reviewers.

All it does in the end is create bad publicity for them cos once you post it on twitter/facebook communities spread it and its becomes widely know.

My friend got a letter from IOC Internatinal olympic committee cos he took photos in Beijing and posted em on flickr, he had creative commons tagged on the photos so people can use them freely without paying him for them cos he likes to share and they were hammering him with cease and desists, aparently though someone ripped his image and used it for commercial work which was why they were after him.

Read about IOC and Flickr thing here.

Seems lots of people are touchy these days and quick to legal threats.
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King Hiss
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I'm just pondering how much bad publicity I can create for these assholes right now. I don't much like having our forum ripped apart by some pack of little Chinese terrorists.
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JAMSIN
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Post on Twitter, then ill retweet it then someone else will and so on.
Facebook too.
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branden77
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give us a link. i know a guy who doesnt work, and hate corperations, all he does all day is sit on a PC and stir up people to attack sites.
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TheInfiltraitor
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But yeah if a product was given a shit review in a mag or online website (say like a gaming site) you dont see the developer sueing the reviewers.


Evony is sueing a blogger who claims that the game is malware and its ads are spam
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felicitous blue
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someone DoS their asses (the nailpolish people, not the ISP - that would just be silly).

I'd imagine some ISP's are a bit twitchy at the moment with the iinet court case and all, and we don't have the same freedom of speech laws in aus; but that's still no excuse for the ISP pulling the content .... they probably figure it's easier to pull first, ask questions later - the fear of corporate litigation will always win over an individuals users rights.

Hope it gets sorted for you/mazoo soon though mate, no one needs this sort of shit


EDIT - MY EYES!!! THE GOGGLES DO NOTHING!!! (just changed back to the Zeta original theme.... :) )
Edited by felicitous blue, Saturday Oct 10 2009, 03:13 PM.
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JAMSIN
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i like the zeta originals.

Evony is a peice of shit game from what i seen from the adverts that bombard the sites i visit everyday.
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King Hiss
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Their name is Chimera.

Here's their Facebook page - http://www.facebook.com/search/?q=chimera&init=quick#/chimeracc?v=info&ref=search

Website is www.chimeracc.com

Knock yourself out boys. I will be!
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Thumbs of doom
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Thats what happens when you mix girl stuff(nailpolish) and boy stuff(games).




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wilchelus
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JAMSIN
Saturday Oct 10 2009, 12:27 PM
Freedom of speech.
There is actually no such law in Australia.

There have been quite a few cases of firms suing Australian hosted bulletin board owners for considerable amounts of money (we're talking hundreds of thousands of dollars) for defamation and losses due to posts that were not even posted by anyone "officially" associated with the board, they were posted by members.

Whirlpool, Overclockers.com.au are two that have faced severe legal action due to posts that could be seen as defaming other businesses. Another forum more recently was sued by a film studio for millions of dollars worth of losses due to a post that called the owner out for what he was.

link to some information on Overclockers.com.au: http://www.overclockers.com.au/defamation.shtml
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These forums are hosted in Australia and there is no "right of freedom of speech" in Australia (except in relation to political speech: ie. comments about politicians and political parties). So forget everything you've seen on American legal dramas on TV - it just doesn't apply in Australia.


More on what happened to ocau here. Despite having warnings all over the site advising that anything posted was not their responsibility they were still sued.

Forum owners and bloggers in Australia need to be very careful about what they post. They/we are not protected by Australian Law.


What I want to know is, if say I hosted my blog in the U.S. would I be protected by U.S. law? They have "the right to free speech" there.
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JAMSIN
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Thats bullshit, its basically like me saying to a group of people "I had a really bad burger at McDonalds dont go eat there its nasty the burger meat" or something like that, if a McDonalds rep heard me say it then them trying to sue me for my opinion.

Regardless of freedom of speech or not opinion is an opinion clearly stating you had a bad experience or a product is crap and unreliable, is an opinion, bit like reviewing products on CNET or something similar you're listing your reasons why this product / item is utter crap or its actually really good for others to chime in or know to avoid.

What about those websites that review restaurants and people hammer the shit out of them stating "X restaurant staff were useless and rude etc." I've seen those online when looking for reviews of somewhere to eat, peoples comments can get pretty harsh too. and those are hosted in Aus and Aus related.
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wilchelus
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I know, it's retarded. But fact is fact.
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King Hiss
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Well, at this point we have the hosting side of things back to normal. The forum and Mazoo's other sites are all back as they should be. Took longer to sort out than it should, but it came with an apology and a refund for the month at least.
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branden77
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JAMSIN
Sunday Oct 11 2009, 01:08 PM
"I had a really bad burger at McDonalds dont go eat there its nasty the burger meat" or something like that, if a McDonalds rep heard me say it then them trying to sue me for my opinion.

its HOW you say it, if you say YOU have had a bad burger, thats fine, as long as you dont say they are ALL shit and no-one should get them.
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