Posted by webmaster on 9/14/00

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Two friends of mine created a website, It made a little
money, then they both lost interest and the site was
generating no money at all. They were paying the hosting
co. about $130 quarterly. I inquired as to how the business
was going because I helped write the ad copy and supplied a
couple of pictures that they used.

I was told that the site generated zero and that they were
going to let the site close. I asked if they would let me
have the site as I market In a more persistant manner and I
knew with a few revisions I could make the site successful.

Please remember these guys are my best friends (3yrs) at
this time.

They agreed to let me take over the site (we had a verbal
agreement which was heard by other friends as well)

The agreement was at first to just "give" me the site and I
take over all operations (and pay the hosting co $130 for
the next quarter)

One of the parties then said "I have too much work into
this to just give it away". I said OK how about a
percentage of what the site makes after all maintenance
fees are paid (Hosting, Billing, Advertising etc.)
They agreed and said they wanted 50% of the sites profits
or 25% each. I said "no" then and that they were asking too
much for 1/2 the profits on the site.

A few days later they agreed verbally to take 12.5% each.
I said ok to 12.5% until it reached an amount of $5,000
each. or $5,000 per 12.5% and I would not be liable to pay
this $5,000 if the site never made it and I could close the
site down if I wanted to without any penalties.

This was all verbally agreed to amongst friends. One of
these friends said ok but lets market it together one last
time to see if has any "juice" left in it. I said ok
because I have various forms of marketing and am very
skilled in the field of internet marketing plus I wanted
to "try" a few things to see if I would get a good response.

We marketed the site and I gave specific instructions on
how to do "one" particular form of marketing to the one
friend who wanted to see if it had any "juice" left
He marketed the way I told him to and I marketed in more
Advanced ways. The site had a great response and made close
to $1200.00 in one week. My friend we will call "juiceman"
was astounded! He wanted to know how "I" was marketing the
site and I told him it is a "secret" method that I thought
of. He wanted to know "exactly" what I was doing, I told
him I could not tell him everything but would tell him a
good part of it after we switched the site to my name.

"juiceman" then said he does not wish to give up the site
and talked the other friend into jumping in and re-working
the site. Needless to say I never devulged my Advanced
forms of marketing and was now totally left out! They also
decided not to communicate with me anymore because I
wouldnt divulge my "Secret marketing strategies".

I said well ok then, If they want to be this way and since
I am a webmaster myself, I will build my own site! I Knew
already it would be successful because I had "tested" the
waters. I registered a domain and built a site very similar
to theirs and had it fully operational within 3 days
(billing for checks and credit cards set up too)

They find this site and get mad at me. Very mad. They then
start to say that I have infringed on copywrited material.
The site never had a copywrite on it until they decided
that I was a "bad guy" for never divulging my marketing
secrets (Plus they knew I was making some big money)

I never used there logos I built my own (and they look
nothing alike) I used the ad copy, but refined it and
changed it enough so it wouldnt be the same also remember I
helped to initially write it. I am using the same concept
and selling the same information. I am not infringing on
the concept or the information because it is all public
domain. In other words you can get this information off the
internet in newsgroups (if you know where to look)

Now they or mainly "juiceman" has tried these following
steps to put me out of business:

*False Complaint to AOL which resulted in the interuption
of my service for 2 days.

*Spamming my new URL,trying to get me booted from the host.
(I have notified them of this and have not lost service)

*"juiceman" has called other members of my family
(aunts,uncles,brother) and has been saying things of
concerning nature to them.

*sent an affidavit to my billing Co. Saying that I have
copywrite infringed material on my site. This has resulted
in a 10-day suspension of billing services until the matter
is cleared.(So right now my site is up but no one can order)

* The "juiceman" has now threatened me with bodily harm and
vows to close all my internet businesses down.he has also
installed "TM" and "©" all over his site and threatened to
sue me as well as a few "hang-up" phone calls.

* "juiceman" has also called my state child welfare board
or child services and reported my wife(CSM for national
grocery chain)and myself(contractor/webmaster) as abusive
parents. We have a seven month old daughter that is our
world If you saw her you would fall in love-she is that
cute.

* The "juiceman" might have made a horrible mistake on his
harrassment today. He sent a certified Cease and desist
order to me today but at the top of the "supposed order" he
said that he has retained the services of "he wrote a major
law firm name" I immediately called the law firm and asked
them why? if they were retained by "juiceman", would they
let him send me a certified letter? They where Quick to
ask "how" they were referenced in the certified sent letter
and what the "juicemans" name was. The secretary then
informed the managing partner of the firm and they have
absolutely no record of the "juiceman" anywhere. They ask
that I copy the letter and the envelope It arrived in and
send it to them immediately (they said they will reinburse
me for time and postage as well) They are NOT happy being
used as a scare tactic towards anyone (me).

I have never threatened, called or said anything to provoke
this individual "juiceman".

In section (3) of the Digital Millineum Copywrite Act
states the following:

''(ii) Identification of the copyrighted work claimed to
have been infringed,
or, if multiple copyrighted works at a single online site
are covered by a
single notification, a representative list of such works at
that site.
''(iii) Identification of the material that is claimed to
be infringing or to
be the subject of infringing activity and that is to be
removed or access to
which is to be disabled, and information reasonably
sufficient to permit the
service provider to locate the material

I figure I can afford the 10 waiting period, But he claims
he can still shut me down. There is absolutely nothing on
my site that can be classified as "infringement"

I am not a wealthy man in monetary means but filthy rich in
the fact that I have the best wife and daughter in the
world. I am 6'2" and weigh 235 pounds I am not physically
afraid of anyone but my wife(humor).

I beleive I have conducted myself in a manner that is
correct but my patience is being tried.

If after reading this "tale of true life" you can offer me
assistance or perhaps know of someone who can. Please
direct them to my email. infsrvce2000@ureach.com

Thank you for your time,
webmaster/FL

***The "juiceman" in no way refers to the guy selling juice
extraction machines on T.V

Digital Millineum Copywrite Act , 9/14/00, by webmaster.

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