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Originally Posted by RawAlex
Sorry, I have a bit of a problem with all of this.
RBC, are you the custodian of records for all rockbottom content?
Did you purchase the domain, the content, and all the rights that go with it (including taking over as the primary producer)?
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We signed a contract with Isis Enterprises to purchase only the web presence and the content Isis legally owned and a some 3rd party content that was transfered.
We did not acquire the corporation nor any debt, nor any producer contracts with other brokers nor any customer purchase records or anything else. The contract was reviewed by our attorney and this very issue was discussed.
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Originally Posted by RawAlex
When you take over such a business, you accept the responsibilities and legal requirements that come with it. You must provide these records to the people who have purchased the content, and this legal obligation since July 3rd, 1995. That the previous owners of the business failed to do this correctly isn't something that the clients can control. Putting the burden of that expense onto the buyer, when it is in fact a failure of the seller is just not a very good business practice.
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Are you an attorney working the US?
Are you an expert in digital media licensing and copyright law?
Have you been on a governors task force to deal with e-commerce?
Are you an expert on internet and computer fraud and have prosecuted anyone for eCrimes?
Until you tell me you can answer yes to ALL of the above. I think I will stick with my attorney and take his advise.
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Originally Posted by RawAlex
As this renders the content unusable by many people, would you accept that the content is returned for credit?
Basically, who is the customian of records for this stuff?
Alex
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How can we give a customer credit when we never took their money in the first place?
If this was as simple as uploading one big zip file with all the unblocked model IDs or even a web page with links to each models IDs it would have been done but there is a serious problem with this.
We cannot give out any (personal info) model IDs on the internet that customers are not legally entitled to have, that is the law. Nor can we store the IDs on a web server for the general public to download. In order for us to provide any 2257 info we need to receive a copy of the receipt and license agreement to cover our ass. We could get sued for sharing personal information on the internet to someone who is not rightfully entitled. Anyone who has their house in order will have supporting docs to provide us.
In Sept/October when we purchased the web presence and content we spent as much money on attorneys and legal advise knowing the new 2257 was coming down. We did not want to speculate or rely on webmaster boards for legal support that is why we hired Becker & Poliakoff.
This is not about nickle and diming to squeeze some money out of old customers. The admin fees cover the time spent to cross reference the content they have and provide a customized zip file with all the model IDs specific to the client that is either emailed or uploaded to a server for the client to download.
On the other hand if anyone rather do it themselves and save on the admin fees and contact Isis Enterprises and/or any of the original Custodians of Records that were on the old site I will gladly give the contact info I have. If you are a customer who bought content prior to October 2004 email me and I will forward these.
Alex, this is certainly not a black and white issue and not everyone is going to agree with our stance nor is it my intent to be disrespectful to a fellow Montrealer. You actually raise some very good points that allow me to clarify our position.
Respectfully,
DB Stuart
RockBottomContent