Posted by unicorntreebooksboss on 1 August, 2008
I can now confirm that this blog was indeed listed in a Cease and Desist Demand email issued on the 21st July!
However I can also confirm that I still have not actually been contacted directly by the person making the demand!! In fact I believe that in point of fact there may even be more emails than the first one in which this blog was mentioned, but they may be covered by confidentiality requests.
The first email was not only sent to someone within my sphere of livelihood but it was also copied and sent to a member of the British press! thus potentially having the repercussion of doing me more damage. Certainly some of the statements made are in all likelihood defammatory and certainly, as previously reported, they have had a knock on effect to my reputation and livelihood as demonstrated by my post on the 22nd – after all the news got around – of course this could well be because this initial email – to which I was not included either directly or copied into, thus not allowing me to take action, refutation or defense, – was not sent as a confidential email in any way! indeed as stated in point of fact it was sent to a member of the british press!
Now one of the reasons I may not have been contacted or included initially may stem from the fact that given how the email is phrased the sending party would like to claim they don’t know who owns this blog or who I am – how that could possibly be I don’t know, and am sure no right thinking or reasonable person could understand either, as for goodness sake I give the name of my shop in the blogger header and blog title! I also give the place we are and the official website link there too! So there is no possible excuse for such a mistake or oversight to act as a defense in this action, indeed pretty much every blog headline is a direct link to my shops main website and my full professional contact details are clearly included on that site, as is a standard contact form. Indeed on that website my name is actually clearly reported on more than one page! Add to that the comments on this blog are not set to moderate so a message could have been left at any time, therefore there is no justification or defense for not having contacted me directly prior to the sending of the email, or my inclusion in the initial sending of the email, especially as the demand was for the total removal of my entire blog, most of which is entirely unrelated to the person, their company, their charity or anyone else within their sphere.
So what happens now?
Well I am going to be making contact with the Federation of Small Businesses legal department, as being a member of this I have recourse to their services for free – how good is that! I am also going to be getting in touch with the National Market Traders Federation legal department – another association to which I have membership – as well and asking them for some guidance on this issue.
Of course a letter of apology and retraction sent to me with an agreement it can be made public on this site, and a donation to our nominated charity, or a bunch of charities of our choice, might go quite some way towards mitigation! Oh and perhaps the donation to me of the remaining fittings, fixtures and stands and odds and sods etc. -or the equivalent- that are within the closed SPCK/SSG Lincoln shop that I note is listed as a Creditor in Schedule F of the SSG LLC Bankruptcy papers would be nice in way of compensation?
After all including my whole blog and therefore tarring me and my business with the unfounded allegations of wrongdoing, and bringing me under the threats made in the email, whilst completely keeping the email and substance of these threats from my knowledge may only be willful ignorance, but it is difficult to see how this could be interpreted as anything other than an act of malice given that he failed to do me the simply courtesy of sending the email to me directly, especially with the potential impact to my reputation and livelihood.
And I certainly am not a public company, charity or public individual – after all I am not currently involved in any actions of noteworthy legal proceedings or public interest either here in Lincoln or elsewhere, though of course as the individual that sent the email in the first instance is aware – I am listed on his schedule as one who has been involved in a prior legal issue with him, and resolved it. Therefore the failure to contact me -thus potentially occasioning much damage to myself, my reputation and my livelihood and my ability to trade – or attempt to inform or notify me in any way prior to contacting those within the sphere of my livelihood and the british press in what was a clearly unmarked email without even the most basic disclaimer attached as to privacy and confidentiality etc is surely without justification.
So there we have it.
Yes this blog was included in a C&D,
threats were made against it and therefore me and no I was not and still have not been contacted by the party making the demand and threats.
I shall be expecting a letter of apology and reparation in due course, meanwhile in case they should not be swiftly forthcoming I will be making contact with legal advisors and trade associations whilst we explore ramifications and options.
Posted in charity, News, spck, SSG | Tagged: brewer, cease & Desist, charity, News, spck, SSG | Leave a Comment »
Posted by unicorntreebooksboss on 22 July, 2008
Hey all – who knew my blog was of such potential interest!
I say this because today I have recieved no less than 3 phone calls from people in the publishing and bookselling world asking me if I am ok?
Why would I not be ok I queried – well it would appear that there is a nasty rumour going around that I have been threatened with libel action due to some of my posting in regards to SSG.
I want to state quite clearly and catagorically here that I have not personally been contacted in any way shape or form, by phone, letter, email or posting by anyone representing SSG, ENC or any related bodies or peoples! If I had I would make known this fact and would of course take whatever legal action was necessary in such a situation.
Now it could be that all the people contacting me today are practicing chinese rumours or of course it could be that I have been mentioned in correspondence to other people but not directly contacted, all I do know is that supposedly someone has made statements and potential threats to/or about me or my blog to which I cannot respond as I don’t actaully know what they are as they haven’t been represented to me directly – however I do know they are doing the rounds within the arena of my business and could therefore potentially have serious import and repurcussion on my good name and ability to trade within the arena of publishing and bookselling!
I would be very grateful if whoever has caused this injury to my name, person and work could kindly cease please.
Now though i do not know exactly what has been said and put in writing directly – though obviously it has been serious enough to warrant concern from at least 3 people within my work sphere – I am assuming based on the references made to me about Dave Walkers blog and his shut down that it must be to do with the SSG situation to which I have made references and posted on – to this end I am practicing discretion to a degree and am editing some of the posts contained here to take out third party references – though i reiterate that currently no-one has contacted me directly to ask me to do this – again when they do I will let you know and will of course take all legal action necessary and as required to safeguard myself and my livelihood.
I am also making a quite clear and catagorical statement here that nothing in this blog in regard to the situations above is untrue, and every word written is proveable by witnesses, written records or directly through first person or party observation.
Also much of what is written here is personal opinion and fair comment based on the truths and statements of fact I know and hold to be true due to first party observation and corroboration of evidences from other effected parties, and/or moral and ethical beliefs.
Also I want to make it clear that any Cease and Desist Notices etc in regards to this blog will be sent directly on to: http://chillingeffects.org/ This is ‘A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics’, for their studies and database compilation.
Posted in News, spck, SSG | Tagged: brewer, cease & Desist, fact, News, rumours, spck, SSG | Leave a Comment »
Posted by unicorntreebooksboss on 7 February, 2008
On tuesday my old work team and my friends were treated in a most reprehensible way, they turned up to work at the SPCK Bookshop as it had been (it still said SPCK outside but in point of fact it had been renamed as the SSG Bookshop some months ago by the current owners), to do their daily work at the Charity just to open the email system up and find that their employment had been terminated – effective immediately
- by the Chairman of SSG from his base in Texas.This I find to be a totally reprehensible act – to fire people by email – especially such dedicated people. The irony of it is that just the week before they had been out having a meal that was from the £100 they had been given by Mr P. Brewer when he awarded for the them the first ‘Third Space’ award in the chain. This was explained as being an award for having such an attractive, welcoming and well presented shop! the first two spaces being, our homes and our places of work – places we feel inately comfortable and welcomed – the third space and hence the award is a space other than these two where a similar feeling is invoked!!! Well there will definitely be no third space awards going to SSG and their owners in my estimation.So anyway if anyone out there knows of jobs going for some extremely talented and dedicated retailers, who are also skilled in customer service and office work, then please do let me know so I can pass this info onto them.
If I had the ability to give them jobs I would but currently the situation just does not allow for this – however as I am now the only retailer in town doing Christian Books and Church Supplies it is my hope that in the next few months I will have been able to grow this side of the business to such a level as was at the old SPCK and then be able to take on my old staff! so please assist in enabling this (that is if you haven’t got a job you can give them yourselves!) by supporting me in growing this business!
Much more information on the goings on of SSG can be found at Dave Walkers wonderful Cartoonchurch blog here: http://www.cartoonchurch.com/blog/category/save-the-spck/k/So thats the most of my news, though if you haven’t been in since the last blog update then there is a music sale on – all cd’s currently half price – this will only be on until the end of this month!
We have Jigsaws out on display and doing well – there will be a new delivery of jigsaws in by the end of the month, and also a full top up of Paint by Numbers, Scraperfoils and the Like at the end of the month too.
If you are a Church then let me know what Paschal product you want! and can you give me a clue as to the main size candles you want for every week use as well. On saturday i will have some palm crosses, baptism candles and votive stick candles in stock, along with basic church stationary ie certificates, registers etc. let me know what you need and i will get it!
Ok blog done for now, please again I reiterate either support me so I grow quickly and can give the spck crew jobs being out of their tree with me again (think of it as recycling! recycling staff now there’s a green initiative for you get behind this lent!), or offer them a job yourselves if you can – they are great people and did not deserve this treatment.
(This post has been edited as a safeguard – for the reasons as to why this may have been necessary visit http://www.cartoonchurch.com/blog/category/save-the-spck, Oops now wait you cant – I guess you better go here instead: http://www.mattwardman.com/blog/series/cease-and-desist-notice-on-dave-walker/ Should I be notified personally and directly by the concerned parties of anything then I will of course let you know and then take any further necessary actions as may be required)
Posted in candles, charity, Christian Books, church supplies, News, requisites., spck | Tagged: bibles, candles, cease & Desist, charity, Christian Books, church supplies, gifts, giving, lent, minions, New Product, News, recycling, requisites., spck, SSG, wafers | Leave a Comment »