NONE: Petry's Attorney Calls Me; I Won't Back Down
Petry's Attorney Calls Me; I Won't Back Down
Mark J. Welch, Esq. (markwelch_at_ca-probate.com)
Wed, 29 Jan 1997 13:05:23 -0800
I received a telephone message this morning from Larry Tofel,
a New York attorney who said he represented Petry. I returned
his call, and he told me that he wished to put me "on notice" that
my activities and statements regarding the Petry Network would
constitute "tortious interference with contract" under the laws
of the State of New York. He stated that my interpretation of
the contract was incorrect, but despite my repeated requests that
he identify any factual error, he refused to do so.
As our conversaton went on, it became clear that Mr. Topal
had not been given copies of all the messages I posted in
this forum, nor was he given a copy of my web page. As
we talked, he became quite belligerent, and began making
unreasonable demands -- demanding that I stop making any
comments about his client, that I provide him with copies of
all communications I have made, and demanding a huge
amount of time and effort on my part. I quickly realized
that his goal was to frighten me into silence, or if that failed,
he wanted to pile me with "tasks" to divert me from my
other work.
I stand by my earlier messages (which you should soon
be able to review yourself in the Online-Ads archive at
http://www.o-a.com) and I also stand by the statements
about Petry published on my web page (see signature).
In my opinion, clause 2(B)(ii) of the Petry contract prohibits
any affiliate of Petry from having any dealings with any
other ad network, even for unrelated content, pages, or
sites.
My statements of opinions were and are NOT a
"legal opinion" regarding the effect of the contract,
but a warning, as a consumer advocate and journalist, to
alert web sites that the contract appears to impose severe,
serious conditions on the operation of their business.
I offered my opinion because webmasters had asked
me for my opinion, and I issued a stern warning because
several webmasters had specifically told me that Petry
agents had told them that the contract did NOT mean
what it said, and urged them to sign the contract as
written.
As I suggested in earlier messages, I urge any webmaster
or company to consult with an attorney before entering
into any written agreement with Petry. I have no way of
knowing how Petry will operate its network or business,
and I hope that it will operate its business ethically and
honorably, but I believe that its conduct to date is
alarming, especially when considered in light of the past
practices of some of its competitors in this industry.
I have reviewed my prior postings in this forum, and I
have reviewed my web page description of Petry. The
only "error" I can identify in anything I have written
was my initial mistaken belief that the contract did not
permit direct sale of advertisements for pages not
registered with Petry. As I have noted since then,
it appears that paragraph 2(B)(ii) only prohibits any
dealings with other ad networks, and would allow the
continued sale of ads directly to companies which do
not operate ad networks.
Despite Mr. Topal's belliegerent comments and threats,
I do not intend to cease publishing factual information
and opinions regarding advertising networks and brokers.
In publishing my web pages about "banner advertising,"
I am acting as a journalist and consumer advocate.
At this time, let there be no doubt at all about my opinion:
I do not believe that any web site should affiliate with the
Petry Network, under the terms of its current written
contract (see http://www.bourland.com/petry/). I invite
anyone to review my web page and my earlier comments
about Petry and its competitors in the Online Ads archive
(http://www.o-a.com). Naturally, any web site is free to
negotiate with Petry to try to obtain a more favorable or
less restrictive contract than its "standard" contract, and
Petry's agents have stated that they will negotiate and
sign different versions of the contract.
Thus far, Petry has never replied to any of its critics'
comments in any public forum. Clearly, the company
prefers one-on-one forms of communication.
I did receive email yesterday from Petry's president, David
J. Moore, stating: "You fill a much needed role for websites
who are interested in securing advertising for their websites.
I reviewed all the correspondence to date and, while I don't
agree with what you said, you certainly have the right to put
forth your views. While would like to standardize our
agreements, we are responding to the marketplace and some
websites have different needs than others. What is important
to us is our integrity; we will never compromise it. And I
agree with you, what is in our contract is what the deal is.
If our contract doesn't work for you, that's fine. However,
we have our reasons for asking for the various items with
which you disagree."
I must admit that I have trouble reconciling these statements
with Mr. Tofel's vague and belligerent assertions. I am sure
that Mr. Tofel will be unhappy when he learns that Mr. Moore
sent this message, since it eliminates any hope that Mr.
Tofel may have had for inciting a SLAPP suit (SLAPP =
"Strategic Lawsuit Against Public Participation" -- litigation
to try to distract and drain private individuals in order to
discourage their exercise of the constitutional right of free
speech).
___________________
Mark J. Welch (510) 847-2026 http://www.ca-probate.com/
Web Ad Networks & Brokers: http://www.ca-probate.com/comm_net.htm
Banner Ad Server Software: http://www.ca-probate.com/ad_sw.htm
Public Service Banner Ads: http://www.ca-probate.com/psa_bann.htm
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