Dan O'Donnell posted a blog post
Our Positive Thinking Facebook page is down, an explanation
Hello friends,Many of you have noticed that the Positive Thinking page that I run on Facebook is currently down/disabled, and many of you have asked me what is going on. I wanted to give everyone a good explanation and update on what is happening, and do so as objectively as I can. If you know other people who are “fans”/”likers” of the Positive Thinking page, please feel free to share this information with them as well.I also want to be totally transparent with all of you as to what is going on here, as recently I was threatened with “public notification of this criminal infringement”. I want to preemptively defend any attacks on my reputation, giving you the facts, and letting you form your own opinion.I recently removed Scott Sonnon as an administrator aka “content creator” from the page, as some of his posts did not fit my intentions for the page. Some were promoting products without asking my permission, and others were just not written in a style that I felt was a fit for the page/community. We’ll call it “creative differences”. So, as the creator and managing administrator of the page, I made the decision to remove him. I gave Scott no advanced notice of my plan to do so, as I feel that is not a wise thing to do in such a situation. To use a sports analogy, it would be like cutting a player from the team, but asking them to attend a few more practices, not good for anyone.Shortly after I removed Scott Sonnon as an admin, I received a text message from him asking if I was aware that he had been removed. I responded the following day with an email, which is the first of several emails I’ve included below.He then demanded that all of his content be removed from the page. This content he was demanding I remove, was all content that he had willingly posted during his time as a content creator/administrator at the page.Despite the fact that I really did not like the way he was communicating with me (I’ll admit it was a challenge to keep my ego/pride under control), I took time to I remove every post of his that I was able to find, going back through over a year’s worth of posts (our page typically has 25+ posts per day).He then thanked me by entering a complaint with facebook, claiming that I was infringing on his copyrighted content, on 9/18/13. At that time, the Positive Thinking page was deactivated.I have begun the appeal process to this claim with Facebook, and am keeping my hopes high that this will be sorted out rather quickly. What I’ve included below my signature is a copy of the actual email messages between myself and Scott Sonnon from September 16-18, 2013, and the notice from Facebook regarding the complaint. You will here a company named Jauntaroo mentioned. I am currently in the selection process for a job with Jauntaroo, a paid position to travel the world, write, record, and do volunteer projects. It would be an amazing adventure.Thank you for taking the time to read this message, and for all the wonderful support I’ve received from so many great people. This challenging time has actually helped me feel a closer bond with several people who have offered wonderful encouragement.All the best to all of you, I hope to see you again soon at the Positive Thinking page after this issue is resolved, bringing you more inspiration and empowerment from our wonderful team of administrators.-Dan O’Donnellwww.facebook.com/PositiveAtmosphere.(The following is an exact copy of our email exchange, followed by the Facebook notice)“Hi Scott, saw your text last night and wanted to get back to you.Yes, I've deactivated a couple admins from the page. The page is getting quite busy, and I'd had some concerns about some of your posts not quite being a fit for our page.I had recently sent you a message to your facebook page (somehow I'd missed your last text with your email address) about a post that was promoting a supplement product and had no link to Positive Atmosphere.Basically, I've hired a team to help me run the page and website, and the model of the page is changing a bit as a result. We have less room for admin posts, and no plans to take on new admins in the future.You write many outstanding posts, and it's quite likely I will still be sharing those from time to time with the page. And I want to thank you for all the engaging and thoughtful posts while you were admin at the page.Have a good fall Scott, and best of luck with all your projects.DanDan O'DonnellI Buy Stuff, Gold/Silver, Guns, Cars, Houses, Antiques, Oddities etc, here's a listO'Donnell's Bellingham Flea MarketPositiveAtmosphere.comphone: (360) 220-7157Google Docs - Items from this e-mailScott SonnonSep 16 (2 days ago)to Dan Let me ask you a question Dan.Do you feel it appropriate to deactivate someone account whom you've asked to publish for your page without first apprising them?Does that feel like a "positive" experience you're creating?Sent from my iPhoneDan O'Donnell, O'Donnell's Bellingham Flea Market <BellinghamFleaMarket@gmail.com>Sep 16 (2 days ago)to Scott I'm sorry that was a bummer for you. I explained the communication issues. I tried to get in touch via your facebook page. Sometimes tough calls have to be made, it's not fun for me either.It is what it is. We both benefited from the time you were an admin. Let's not harbor resentment.All the best to you Scott,Dan O'Scott SonnonSep 16 (2 days ago)to michaeltomline., Dan Dan,This is my final email to you.Let's recap your reply:1. Sorry it was a bummer for you. - not an apology.2. Explained after the fact. - no apology.3. Tried to contact me regarding a different issue, to which I had responded though you hadn't seen it.4. It was tough for you too, to delete other people without notification? Ridiculous.5. It is what it is. I did what I did.6. You benefited from being here.I wonder how much your "fans" looking to cast votes for you would consider the above to be either apologetic or positive. I hope for your sake that they (and the company with whom you're attempting to solicit a job) aren't made aware of your timestamped reply, in a legal cease and desist of copyright infringement.I am CC'ing our company attorney on this issue, as for some unknown reason, instead of responding with maturity, you've decided to send me a snarky, and patronizing response. Since I had never agreed to any contract with you to host my articles on your page should you arbitrarily and without any warning remove my ability to delete my articles from your page, remove my articles from your page immediately. You have as much time as you gave me: none. If it is not done as of tomorrow, we will consider it copyright infringement and address the issue through appropriate legal channels.At this point, you may communicate directly with Michael Tomlin, Esq, our attorney, instead of myself, as I won't be reading your emails again. The legal dept will address you from now on. Consider this the first cease and desist.Very Respectfully,Scott Sonnon, Chief Operations Officerhttp://www.TACFIT.tvhttp://www.RMAXInternational.comDan O'Donnell, O'Donnell's Bellingham Flea Market <BellinghamFleaMarket@gmail.com>Sep 16 (2 days ago)to Scott Scott,Here is a copy of the message I sent you via your facebook page, which I have not received a response to:"Hi Scott, I just wanted to let you know I removed a couple of your posts at the Positive Thinking page a few minutes ago. Neither had any sort of link to Positive Atmosphere, which is a requirement for admin posts.I sent you a text message a few weeks ago to get your email, as I'm not sure how often you check these messages. And not sure if you get text when traveling.Anyway, just wanted to let you know why the posts disappeared. I'm sure the product is great, but posts promoting a product and with no links to Positive Atmosphere aren't what I'm looking for on our page. Thanks Scott,Dan O'"If you're looking to pick some kind of fight, I'm not interested. I have every right to delete admins from my page any time I like to. And I tried to give you an explanation, just as I'd want if I was you.So, anyway, no hard feelings on this end. And for a THIRD time, in an genuine, non snarky way, I sincerely wish you all the best.Google Docs - Items from this e-mailScott SonnonSep 16 (2 days ago)to Dan, michaeltomline. Dan,I received your message and I replied that you would be deleting that POST. You deleted my admin posting ability, which include my ability to remove MY COPYRIGHTED CONTENT from YOUR page.You may not want a fight, but this unapologetic and passive-aggressive lack of accountability for your arbitrary choice to deactivate my ability to remove my own copyrighted material IS a legal "fight."You have one day to remove MY CONTENT from your page, since you've arbitrarily and without warning removed my ability to do so.Do not contact me again. You may contact Michael Tomlin, Esq listed above, when you've removed EVERY one of my content pieces you have published on your site by SEP17@1400PST, or they will take over with legal action, as well as public notification of this criminal infringement.Very Respectfully,Scott Sonnon, Chief Operations Officerhttp://www.TACFIT.tvhttp://www.RMAXInternational.com<tinytacfit2.jpg>http://www.TACFIT.tvhttp://www.RMAXInternational.comDan O'Donnell, O'Donnell's Bellingham Flea Market <BellinghamFleaMarket@gmail.com>Sep 16 (2 days ago)to Scott I wanted to clarify one more thing. I realized that when I emailed you earlier saying I would probably share some of your posts from time to time, I meant using the "share" feature on facebook posts that you make on your page. I did not, of course, mean I would be using any of your content from elsewhere without permission.Just realized that might not have been clear.Google Docs - Items from this e-mailScott SonnonSep 16 (2 days ago)to Dan, michaeltomline. You do not have my permission to share my articles.Very Respectfully,Scott Sonnon, Chief Operations Officerhttp://www.TACFIT.tvhttp://www.RMAXInternational.com<tinytacfit2.jpg>http://www.TACFIT.tvhttp://www.RMAXInternational.comDan O'Donnell, O'Donnell's Bellingham Flea Market <BellinghamFleaMarket@gmail.com>Sep 16 (2 days ago)to Scott Scott,Please send the links/urls to any posts you'd like removed and I'll happily remove them for you. Just click where the date/time is displayed and that will take you to the page for that post.For me to drop everything this second to search through thousands of facebook posts in a day is not realistic.Again, I don't see this as a fight. I refuse to get angry over this. We can just work together.Sincerely,DanGoogle Docs - Items from this e-mailScott SonnonSep 16 (2 days ago)to Dan, michaeltomline. That is YOUR legal responsibility as the individual hosting the copyright infringements. Visit USPTO for yourself as to your responsibilities to the infringed. I'm not here to help you any longer.Sent from my iPhoneScott SonnonSep 16 (2 days ago)to Dan, michaeltomline. Cease and desist emailing me or my attorney will be forces to contact your service provider for harassment on the infringed.You have one day to comply to removing my copyright protected content from your site.Sent from my iPhoneOn Sep 16, 2013, at 2:33 PM, "Dan O'Donnell, O'Donnell's Bellingham Flea Market" <BellinghamFleaMarket@gmail.com> wrote:Scott,Google Docs - Items from this e-mailDan O'Donnell, O'Donnell's Bellingham Flea Market <BellinghamFleaMarket@gmail.com>Sep 16 (2 days ago)to Scott I took some time and I believe I removed all that you had posted in the last 7 days, which are generally the posts still getting any kind of views or engagement. A user would have to scroll down past hundreds of posts to see anything older than that, which is unlikely.No need to respond if you don't want to, just giving you the info.Google Docs - Items from this e-mailScott SonnonSep 16 (2 days ago)to Dan, michaeltomline. You misunderstand our relationship at this point, Dan. With your hostile possession of my copyright protected material published on your site from ANY date, you infringe upon my company's intellectual property.I am a principle owner of a publishing firm which has dealt with this infringement before. The company will be no more tolerant of this theft of IP now as it has in the past. Do your research on what has happened to past infringing parties.You brought this fight to my company's intellectual property. Now, deal with the consequences.Do not contact me again unless you have deleted EVERY article of mine that you have published on your site. Otherwise, legal will contact you tomorrow at 5PMEST.Sent from my iPhoneScott SonnonSep 16 (2 days ago)to Dan, michaeltomline. We are contacting your service provider for continued harassment. Comply, cease and desist.Sent from my iPhoneScott SonnonSep 17 (1 day ago)to Dan As you have negligently chosen to infringe upon my intellectual property, and given the required business day (one you had not given me), I have turned you over entirely to our attorney. You may cry about not wanting a fight, but omission from cessation of infringement is an illegal attack on another's property. Enjoy the suit. Jauntaroo will be apprised of your lack of professional integrity.Dan O'Donnell, O'Donnell's Bellingham Flea Market <BellinghamFleaMarket@gmail.com>12:51 AM (15 hours ago)to Scott Scott,Your attitude disappoints me, and has made it clear to me that I made the right decision in removing you as an admin.I removed all your posts I could find, and still your threats and accusations continue. It's a waste of energy for all involved.There is a button on Facebook page posts that allow one to report content to Facebook as their intellectual property. If you find something I missed, click it and report it. Save yourself the legal fees.I'm sure the staff at Jauntaroo have better things to do than focus on a disgruntled former admin of my Facebook page. You will be one critic among a crowd of supporters.Do us both a favor, report any links to Facebook that I may have missed, or simply send me the links as I already offered to remove any you find, and move on with your life.Your threats don't scare me, and we both have better ways to spend our time and energy.Life is not a fight Scott, unless you see it as one. I choose not to.”“Facebook is not in a position to adjudicate disputes between third parties. If you believe that this content should not have been removed from Facebook, you can contact the complaining party directly to resolve your issue:Notice #: ----------------Contact Information: Name: Scott SonnonEmail: flowcoach@mac.comIf an agreement is reached to restore the reported content, please have the complaining party email us with their consent and include the original reference number. Please note that the complaining party is not required to respond to your request.Facebook complies with the notice and takedown procedures defined in section 512(c) of the Digital Millennium Copyright Act ("DMCA"). If you believe that this content was removed as a result of mistake or misidentification, you can submit a DMCA counter-notification by filling out our automated form at http://www.facebook.com/legal/copyright.php?howto_appeal&parent_report_id=189513317897867.”See More