Bloggers Under Attack!

If you havn’t heard yet, there is something happening to blogs and it isn’t good. Sean has a post about what has happened during a franchise incident. From that we see alot of blogs pulling posts and unable to talk about it. One of the things i like about blogging is that it is permanent and open, you should be allowed to express your opinion and not worry about somebody suing you.

Yes, I know, the power of blogging is getting to the point where lible becomes an issue, litigation is always a concern in the USA.

You know that blogging is becoming relevant because now we have the lawyers and the ambulance chasers working this. I use this blog just to vent and to write, I have a small readership, but this blogging thing has interduced me to some fine people, Yuvi, Scob le, Sean just to name a few.




~ by Guy Pelletier on January 28, 2007.

13 Responses to “Bloggers Under Attack!”

  1. Ah, thats why all the posts have been going missing! Looked suspicious for a while!

  2. Thanks, Guy. It’s nice to meet you to.

    I think you’re dead on. While people shouldn’t be allowed to post libelous comments or attack competitors, the blogosphere needs to be a place where people can have open dialogue. If someone is wrong about a company, the company has the opportunity to state their case, change their minds.

    What companies don’t realize is that the dialogue itself is keeping them in the public eye. Unless you are doing something wrong, discuss it out in the open.

  3. Sean,
    Yep, when you talk it out, everybody wins, when you hide information, you lose


  4. When a thing ceases to be a subject of controversy, it ceases to be a subject of interest.

    I am so really extremly shocked to see all of the post on the matter I discussed earlier are gone. Everything I have posted on this matter has been deleted. Someone tell me there has got to be something I can do about this. Cuppy’s is/ has to be breaking some law by deleting these post and redirecting URL’s. I fully plan to look into this, I spoke to the IT guy At work today and he says it is a break of federal law. That these people seem to just be getting themselves into more trouble. This really has my attention now. And anyone interested in free speach or even the gift we have been given to blog our thoughts and opinions should be deeply concerned by this company’s obviouse attempt at silencing it’s criticts. I can not believe that any lawyer representing this company would give them this advice. I know one thing I am not Scoble , I will set up a 1000 different blogs and let them delete them so that I can sue. Not for money but principal. How dare they think they have some power over the internet.

  5. So, you feel that since it is a “BLOG” Scoble should be able to say whatever he wants without any documentation or evidence to back it up. Legally that is slander or libel. I am a Java Jo’z licencee. I got involved in June of 2006, AFTER I did my due diligence about the company and the people involved. I would not have gotten involved with Roy Snowden. I chose to be a Java Jo’z instead of a CUppy’s. I have owned numerous bars/restaurants. I didn’t need the restrictions that come with a franchise, but I didn’t want to try to reinvent the wheel in the coffee business. I looked at over a dozen companies, and chose Java Jo’z. I hired a good attorney to look at the agreements with Java Jo’z and knew what I was getting into. I was scheduled to open last week. Java Jo’z made a huge effort in getting me a building that met my city code. This meant designing a new building with a publicly accessible handicap restroom. This took some time. I will not be opening this week due to the fact that I sold my lease to another, read deep pocket, company.

    By no means am I a shill for the company, I feel that all of this blogging about Java Jo’z and Cuppy’s is ridiculous. Many of the people commenting do not know anything other that what they have read in other blogs.

    As far as Scoble and other upset licencees go, if they have a case they can find an attorney or ambulance chaser, to take it on a contingency and sue. If they don’t, then they should let the matter drop, because then it does become slander and libel.

  6. Rob,
    The answer to your question is yep, see the first comment for this post:

    As far as the rest, anytime you stifle communication because you do not like what is written, you are hiding something. If there is nothing to hide, disclaim it, don’t threaten people with legal action and delete all references to it.


  7. How is Java Jo’z/Cuppy’s deleting the posts? I doubt that they have the skill or are the type of people that would or know how to contact any hackers that may have that skill. If this is happening to blog sights, they should contact their service providers and demand better security.

    The posts are disappearing because they cannot be LEGALLY backed up. That is why we have a justice system. If someone says, writes things about you that are not true and/or cannot be proven, it IS a matter for an attorney. Otherwise, it would be handled like they handle things in many countries and kill the reporter. Bloggers have just as much responsibility and liability as anyone who would print this in a newspaper or say it on TV. I completely believe in the freedom of the press and the freedom of the internet, but you still can’t say/type groundless allegations that injure someone or their business.

    Beyond the issues for the corporation, what about the effect that it may have on the Java Jo’z/Cuppy’s store owners? Because Scoble may have made a mistake, or has a legit complaint, or whatever, should MY business, that I paid good money, suffer? That isn’t fair either. I have had friends that have seen this issue all over the net, and have called me to alert me, ask me what’s going on, did I get screwed, etc…

    So, Scoble’s rant IS affecting me, as a non-combatant. I am trying to open an additional location. This blogging, discussion, rumors, COULD harm me in trying to sign a lease. Do you think that the fallout that I have deal with is right, just because Scoble is mad?

    Again, I don’t really care about the issue between Java Jo’z/Cuppy’s and the Scoble brothers, that is for attorneys to argue about. But I do care about how it affects me.


  8. So then, how has Scoble affected you? his post was just to show his brothers post on what happened. You can’t even read that because it is gone. My post here is asking how can anyone or anybody force somebody to remove a post that is remotely connected to that companies issue.
    I am glad to hear that you have a good relationship with Java Jo’z, I myself have had issues with Maytag, Sears and some other companies and blogged about it, no law suits.
    The complete wipe out of anything that was related to this issue, including comments from Cuppy explaining what was going on.


  9. Rob,
    Take a look at this post:


  10. Guy,

    How has the posts affected me? – Other than having to explain this issue a dozen times to my friends, I stated that it COULD harm me when I go to sign a lease for another location. A landlord, doing his due diligence, may see all of this controversy and chose not to lease to me, and everyone knows location, location, location. Other businesses/people associate MY reputation with the company I do business with. And my reputation is important to me.

    How can anyone force somebody to remove a post? – As I have stated, if the allegation/blog/report/etc cannot be backed by evidence, it can be libel or slander. All companies use attorneys to protect their brand, ie the NFL not letting churches host Super Bowl parties. A small company like Cuppy’s has to be more aggressive in protecting its name because they don’t have the marketing budget or reputation of a Maytag or Sears.

    Ultimately Scoble CHOSE to take down those blogs. You may see it as being forced to, by the threat of legal action, but he COULD have chose not to, and fought it. He has stated that he consulted an attorney, and then decided to take down the blogs. With the life of the internet, his blogs will never completely go away. There are many reposts and copies out there. But Scoble has CHOSEN to let this drop. It is all of the other people who are coming this conversation going, me included. If you look on MANY blog sites you can still see the posts and Cuppy’s responses.

    Here is a link to Scoble’s blog concerning libel…

    In looking at your comments, I think that Scoble’s issue isn’t what you really are concerned about. I think that your real issue is that you feel that, No one or company should be able to make someone else censor what they say or write.

    According to the link that you posted, Cuppy’s has hired a respected PR firm. They probably should have done this from the beginning and this whole issue may/could/would have been handled better.

    By the way, I appreciate this forum to state the other side of the issues. I have never really paid to much attention to blogs before, and definitely have not engaged in this kind of dialogue.

  11. “By the way, I appreciate this forum to state the other side of the issues. I have never really paid to much attention to blogs before, and definitely have not engaged in this kind of dialogue.”

    This is my point, a blog is just a dialog that is written in internet space. When it gets to the point that every time I write something that somebody disapproves of, I have to remove it, you no longer have a dialog.
    For this particular instance, my concern is the overwhelming removal of all content that is associated, yes there is several copies, but the original dialog should be allowed to stand.
    I agree that if it is an issue of libel that legal proceedings may require a censorship. all in all, the removal of a blog in it’s entirety is just wrong.


  12. Guy,

    I won’t be able to change your mind on that issue. I agree that if it someone’s OPINION, it shouldn’t be censored, but if they are stating FACTS THAT CAN’T BE PROVEN TO BE TRUE, that is another matter entirely.

    And again, Scoble CHOSE to take down the blogs. If he chose because of a legal threat, it was still his CHOICE. He could have asserted his 1st amendment rights and CHOSE to fight it. Nothing of value comes without a fight or a price to pay.

    Rob Folk
    Just one man’s opinion

  13. Rob,
    You say that Scoble has an option to remove the posts or not. I do not know why he did it, other than someone who lives, breathes, and eats blogging and the freedom of, has removed a post of his and cannot comment on it:
    “Robert Scoble
    Posted January 27, 2007 at 11:12 am | Permalink (Edit)
    I can’t comment on this issue, sorry.”

    So his chosing to remove his post or not would be along the lines of shooting somebody or not, granted the severity is different, but the concept is the same.
    I can choose to dis-obey the law and suffer the consequences of that action or obey the law and not sweat it.
    Robert’s living is made by video blogging, his responsiblities to his family, friends, and co-workers are part of his decission making process that requires him to obey whatever it was that had him pull that post.
    I do not like the fact that he did it. It is his blog, he can do whatever he wants to with it.

    This entire situation is about censorship and who or why it is done, I don’t like the fact that whoever is running the show at Cuppy or Java Jo’z has had everything possible removed from the internet, without cache material, this subject would be dead.


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