Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Saturday, July 23, 2005

Report of alleged violation of ConyersBlog agreements, terms, and conditions

ConyersBlog Admin: This complaint applies to this content copied at comment 29.

Summary Demand

Constant's pations demands an update to the ConyersBlog and an immediate investigation into Doug E's cut and paste from Constant's pations to the ConyersBlog.

ConyersBlog has been unresponsive

1. To date, the ConyersBlog, ConyersBlog Admin, and the Conyers Campaign Office has been unresponsive to e-mail requests for registration or assistance. Further, we have been unable to get third parties to directly or indirectly contact admin; or get information sent from Admin to permit registration; or any public information on alternate methods to resolve these issues.

2. We had hoped we could have resolved this matter privately. However, there appears no other option than to ask the Blogosphere to intervene and either post a comment to the ConyersBlog requesting the changes; or that you contact Admin or the Conyersblog to have these changes made immediately.

3. We have included public comments asserting that we have received no response from ConyersBlog to discuss issues, incorporated at this link. After receiving no response from the ConyersBlog Admin, we have publicly made it known that we have been unable to register; have received no response; and have been unsuccessful in getting the ConyersBlog to respond to e-mail requests. The first notice is here. The second notice is here.

Allegation: ConyersBlog contains false and misleading information about Constant's pations original content and commercial affiliation with violate the ConyersBlog Registration Agreement

4. ConyersBlog at Comment #29 includes links in content copied from this site that falsely includes links to commercial sites not within the original blog content.

5. Including these links is false and misleading to the ConyersBlog readers.

Allegation: Doug E copied the content and included a commercial link in the content not originally part of the original content

6. The ConyersBlog includes a copy and paste of information from this site. The copy incorrectly includes a URL link to a site that is not affiliated with Constant's pations.

7. The comment is located at the following reference on this page: Comment #29: Doug Eldritch said on 7/23/05 @ 4:55am ET... [Exhibit 1]

8. The text includes a link to "PD"-AmeriKa. That is not in the original content from Constant's pations blog.

Constant's pations has not given permission to anyone to include commercial links in any content affiliated with this blog

9. It is misleading to imply that "PD" AmeriKa is associated with this blog. It is misleading to suggest that this site has a link to that site; or is in any way associated with that site. That is incorrect.

10. We have no affiliation with the site that has been listed in the copy and paste. PDA America is listed as one of the sources for articles to the on the site. onstant's pation is not affiliated with:

  • Michael Short;
  • PDA America [ ];
  • Progressive Democrats of America [ ].

    11. Moreover, we have not given explicitly permission for this site's link to be included in a manner that is misleading or implies that the copied content is associated with this site.

    12. On the contrary, the way the content is pasted to the Conyers blog, it leaves the false and misleading impression that Constant's pations has content that includes a link to a paid link. This is not correct. Constant's pations has made it clear and given fair public warning and prior notice, inter alia

  • A. There exists a "no advertising" policy and we will not advertise at anytime, here [20 July 2005]; and

  • B. We shall never accept funding of any kind, here [31 May 2005].

    13. As you can see in Exhibit 1, the content between [a] that last quote of the content copied from this blog; and [b] the link to this page at the end of Exhibit 1 incorrectly suggests that the content above the link is from this blog. That is misleading.


    14. We allege that there have been two [2] substantive violations of the ConyersBlog registration terms. [Exhibit 2]

    15. First, we allege that Doug E has violated the registration terms and agreement by incorrectly uploading, posting, or otherwise distributing or facilitating the distribution of any content that is both deceptive and fraudulent.

    16. Second, we allege that Doug E has violated the registration terms and agreement by uploading, posting, or otherwise distributing or facilitating the distribution of any content that is unauthorized or unsolicited advertising.


    17. We request that someone leave a note for the ConyersBlog Admin: QUOTE: "Please remove that reference from :"Comment #29: Doug Eldritch said on 7/23/05 @ 4:55am ET... " on this page."

    18. We demand immediately that Doug E, you are to Cease and desist from copying content from this blog to any other medium in the universe that contains links to sites or commercial internet websites that are not affiliated with Constant's pations.

    Appropriate Review

    19. We demand immediately the full Registration Agreement for the ConyersBlog, incorporated below in the box, should be reviewed and compared to the above allegations and original content; then with the subsequent posting on the ConyersBlog. It would be appropriate that Congressman Conyers, the other members of the Blog and the Campaign Officials involved in the oversight of the blog be appropriately informed of the actions taken.

    Appropriate and timely Admin Updates

    20. We demand immediately the ConyersBlog Admin update the information. The link to this blog in Exhibit 1 be placed immediately after the last quote; and that the commercial site listed in Exhibit 1 be removed with an appropriate note form Admin.

    Strict imposition of ConyersBlog promised remedies in Registration

    21. We demand immediately that all available legal remedies part of the registration process be immediately imposed including banning Doug E from the Conyers Site; and that an immediate letter be sent from the ConyersBlog Admin to DougE's ISP stating the legal issues outlined per the registration agreement outlined below.

    Public Apology

    22. We demand immediately your prompt attention to this matter and an immediate public apology in the blog by both Admin and Doug E for these misleading errors and alleged violations of the ConyersBlog registration terms and conditions. This apology should be placed in a visible place on the ConyersBlog that both Admin and Doug E are involved in.

    Clear, responsive, and timely contact methods and personnel

    23. We further demand that ConyersBlog Admin publicly outline conditions for the public to use when there is an apparent violation of the terms and conditions to include reporting procedures; expected time of response; appropriate reporting method; and contact information. It is absurd in the age of the internet that anyone might suggest that an electronic blog require some sort of "snail mail" delivery in order to get a response or timely coordination to resolve such a simple matter.

    Exhibit 1: The Blog Post

    Comment #29: Doug Eldritch said on 7/23/05 @ 4:55am ET...

    Congressman and all,

    I would say there is some very serious precedents being set here. It is time to get lawmakers directly involved and start sweeping out all the corruption.

    A very good speech, very apolitical and to the point. Paul Hackett is a great man, and it would serve Ohio best if he gets elected. Ohio has become a cesspool of corruption and disdain, with republicans & democrats both breaking the law everywhere.

    There hasn't been an honest election in Blackwells district for years, and new leadership is demanded. I fully hope Howard Dean and others get right behind Hackett as a true conservative.

    Then I hope everyone reads this.

    ""There is a difference between truth and evidence

    Do not confuse 'trying to find documents' with trying to find the truth. The answers you seek can be pieced together using "other methods" and "documents outside the White House control." Don't get focused on "whether the White House does or doesn't comply with the document-request. Rather, focus on whether the questions are getting truthful answers and the full story is getting fleshed out.

    Share your findings, however innocuous they may seem

    One of the things about putting together information, is that something you may think is unimportant could be the vital link. There was one ACLU document I was looking at that had absolutely no information on it. But then I noticed there was some small typing in the corner. The numbers match a single organizational code. This told me that the person who was at that meeting belonged to a certain unit. Small problem: DoD said they never knew about the meeting or the information. But the public release of the document showed us that not only was DoD lying, but they knew about the information in 2002 that they say in 2005 they didn't know about.

    The point being is: You never know what gem you might find, especially when working with a huge organization that doesn't communicate well. They're going to make mistakes. Remember, they're the ones trying to cover this up. Your job is to put the mistakes they make into a structure that shows: Even though they're trying to hide their crimes and misconduct, the world can put the pieces together, launch investigations, and bring to the prosecutors reasonable evidence of probable cause for a wider inquiry.

    The trick is to know that the pieces are out there and they can be put together. This is like a puzzle. We have all the pieces before us; the trick is to simply choose to organize them in the most reasonable manner that most likely matches reality. It remains up to the White House to justify why we should have confidence in their leadership.

    To date, in light of their responses it is clear that there is a reasonable basis to question them; and require far higher burdens of proof before we launch combat operations, commit troops, or allocate scare financial resources. More so when the basis for that action is not only unlawful but contrary to our Constitution.

    That's what the Downing Street Memo is all about: The tip of the iceberg about a story that shows the nation has embraced tyranny and pretended it is something else."

    Remember the behest of a order of fascists: Their best weapon is fear and to take religion's name in vain: AKA Obsufucation. We can reverse their polarity decisions by letting through with an undying onslaught of pressure, until they cave, by giving way to their own fear.

    Never let off the pressure-Not even for a single instant!

    What questions are you not answering now president, and why are you afraid to answer them? How many years has PNAC been co-ordinating with Michael Ledeen and everyone else to carry out a plan of destruction? Cheney hasn't been called to the witness stand. Shall we force the VP into the witness chamber, since he seems to be using everyone in WH currently anyway to obstruct justice?

    Thoughts from lawyers: Could this be a crime too?

    Doug E.

    Exhibit 2: ConyersBlog Registration Terms and Conditions


    By posting information in or otherwise using this blog you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content that:

    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), contains profanity, uses vulgar language or otherwise violates basic standards of polite discourse as determined by the operrators of this blog;

    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation;

    4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

    5. impersonates any person or entity.

    You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

    You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.

    You also understand and agree that a violation of this code of conduct will result in adverse action being taken against you, up to and including an immediate and permanent ban on your use of this website, any available legal remedies, and any recourse available through your Internet Service Provider. You agree and understand that if you are banned from posting to this website, using any alias or other trick or scheme to regain access to make such posts constitutes unauthorized access to this site and is a violation of federal and/or state law.

    By checking the box below, I agree and consent to these terms of use.

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