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Re: [newtech-1] Facebook Fanpage Issue

From: Freddy D.
Sent on: Saturday, May 8, 2010, 4:40 PM
No written signature, no contract. IMO he doesn't have a case. Change?credentials?to?Facebook?page to make him an admin, send him an e-mail with credentials and explaining that all ties being severed upon?receipt?of this e-mail. Be done with it.

On Sat, May 8, 2010 at 3:12 PM, Stuart Dambrot <[address removed]> wrote:
Depending on the amount he owes you, there's Small Claims Court. The arbitrators there see a lot of this non-payment for services rendered and results in use nonsense - and a verbal contract is not always without utility.
?
He's just trying to rip you off you and scare you into doing nothing. It's probably a tactic he's used before.
?
Finally, remember that your client's friends are not by default your friends.


From: [address removed] [mailto:[address removed]] On Behalf Of Edward Hotchkiss
Sent: Saturday, May 08,[masked]:19 PM
To: [address removed]
Subject: Re: [newtech-1] Facebook Fanpage Issue

Honestly, sounds like a deadbeat. Deadbeats don't have time or money to sue. Generally too busy with baby mommas and therapy. Just delete it. Don't stress over it.


Best,

--------------
Edward H. Hotchkiss
Developer / Designer
[masked]
--------------


On May 8, 2010, at 2:13 PM, Flailey wrote:

Exactly. In fact you don't own it either, Facebook does, and they can take it away from you, make it cost $1500 an hour to host, or whatever the hell they want, I am sure words to that effect are repeated 100 times in their TOS.

One thing he may *actually* own is his own trademarks or right to do business under his brand name. So he could well stop you from using it (if the name of the page is a proper trademark/service mark) from using it to profit from his customer's confusion. In that same case he could use Facebook's infringement form to demonstrate his rights to the brand name and secure control of the page.

That said, if you're not profiting/confusing based on his IP then you're not infringing and IF YOU WERE the simply deleting the page entirely would absolutely be a full remedy to infringement. He has no rights to the fans/community already there for a multitude of reasons... But the simplest reason is because only one person actually does have full rights to do whatever he wants with that page and his name is Mark Zuckerberg.

Posting notices on the page about how he won't pay you would be possibly dubious (though if absolutely true you might even be able to do that) but all the above aside I can't thing of any tortured logic that enables him to sue you for control of something neither one of you own at all. Aside from the hassle of dealing with it I can't imagine what you have to fear from threats of a lawsuit.

Lawsuits work on, ya know... laws. What's his legal rationale, what basis does he have to sue you, what grounds?

---
Created by a pocket sized email factory


From: Ross Sclafani <[address removed]>
Date: Sat, 8 May[masked]:38:31 -0400
To: <[address removed]>
Subject: Re: [newtech-1] Facebook Fanpage Issue

you own the facebook page if you set it up. he cant sue you for no longer being a fan / supporting his cause.
does he disagree that he owes you money?

On May 8, 2010, at 12:50 AM, Vicky Ayala wrote:

Hi all,

I've been reading some of the emails here for a while and I wanted to see if anyone had some thoughts on a situation I'm having.?

I am having issues with a client (non-payment of course). I've told him that I want to completely disassociate myself from him and sever all ties. Problem is I was the one who set up his Facebook fan page. Our initial "agreement" was for website design and development. I set up his Fanpage as a favor. There's no paperwork, aka contract that indicates what our working relationship would be. He's now threatening to take me to court if I remove myself from the fanpage as it would, by default, delete the fanpage itself.?

Has anyone had a similar issue or heard of anyone with a similar problem??

Vicky Ayala




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