DokktorSatan -> RE: CollarMe has gone (5/24/2014 5:56:40 AM)
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The simple fact that the majority of the code from CM is present at another domain should be a clue that something has been 'up' for quite some time. It is very obvious that the mutuality aspect of 'Eric' and 'Tiffany's' partnership not only broke down, but completely disintegrated, quite some time ago. Based on everything I've read, some things to me are apparent - based on observation of the events, knowledge of the industry and written words (mostly by 'Tiffany') herself: - Tiffany is the registered owner of he domain name. This has not been disputed. - Eric is the code owner and likely lead developer of the site's framework and content management system. This has not been disputed. - Fact: all the content - ALL OF IT - becomes the property of the registered domain holder once users have agreed to share content. If you're skeptical of that I suggest you become familiar with Terms of Use agreements. There is no 'Right to Privacy' if you choose to post personal content on community style websites. As of now, the content legally owned by Tiffany ('collarme') is confined to her Wordpress blog currently occupying the domain. The content of the website is owned now by 'Collarspace'. Why? Simply put, because that's where it is and that's how content ownership within the web sphere actually works. - Obviously, Eric (or an unknown other partner) owns the domain names 'collar chat' and 'collar space'. It is likely Eric foresaw potential trouble ahead with Tiffany (her own written words confirm this) and quietly prepared for an inevitable break and wisely reserved these two domain names: one to appear as BAU (collar chat) and one kept for future inevitability (collar space). - Entire web systems do not get shut down simply because of a domain name ownership difference. Eric had to be preparing for the shift to a wholly-owned domain of his own for weeks - if not months. At the very least, he must have known the split was irrecoverably in motion and he knew he had to be prepared. The timing - a long weekend in May in the United States - does seem fortuitous. - In my thoughts, Tiffany's Wordpress post on the CM domain is an attempt at personal damage control: I do not believe, due to my own knowledge of the industry, that she was the impetus that shut the site down on her domain side. There is a reason Eric is keeping quiet, I think (which to me is exactly what he should be keeping) in the event that some kind of litigation may be forthcoming. Tiffany doesn't seem to realize her own Wordpress 'plea' and explanation can be construed in ways which can be detrimental to her in any legal proceedings. - No one has any vested metaphorical horse in this race: a business decision was made, a quiet and relatively smooth transition to another domain was accomplished very, very quickly (which again points to strong suspicion of preparedness on Eric's part) and the domain owner was caught completely by surprise and somehow of the belief that her ownership of the domain name gave her the ultimate control of the website's templates, back end systems, software management systems and all the content (public and otherwise). She has now realized that by being 'fired' (or more correctly, that their partnership was dissolved) and having an offer tendered to her shaped and termed in the manner of a buy-out was a calculated and necessary process step in removing her influence completely from the site. Eric had to know that, if she sold him the domain name, the transition may have registered a small blip on the system user's radar ... It was obvious he was prepared for her refusal to agree to the terms, as the site is up and running under a new domain name already. - We all feel badly about Tiffany's baby. Who wouldn't? But this isn't about emotion ... This is strictly business. The split was coming for a long time: and somehow I believe Eric delayed this action simply because of the critical situation with the newborn. When it was more opportune timing to act, he did. Because of the separate 'collar chat' domain, I'd been suspecting something like this was going to happen for quite some time. I don't know Tiffany and I don't know Eric: but based on the facts of what happened here, it's very apparent to me that what was done was accomplished methodically and by due process - and not as a 'panic' to simply pulling a domain name. - The smart and noble thing: use Collar Space as a mirror back-up system. Arrange the purchase of CollarMe as the domain name from Tiffany. Grant her, through contract, residuals or royalties (however you want to word it) with a legally authored and notarized contract for a set period of time (worded for CollarMe only and NOT other future projects and NOT in perpetuity). Agree to have her listed as a 'consultant' whether her services are ever needed or not (tax purposes for both of you). Then hopefully live their separate lives ... The residual money from ad revenues (even 2% would be significant) per month would help with the baby's medical bills. I sincerely hope this situation does come to a win-win agreement for both involved parties. I hope neither of them decides to allow hubris and thirst for retribution to cloud what otherwise should be a straightforward business negotiation. Otherwise, it's the patrons of the system who end up the biggest losers in this disagreement, ultimately.
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