For those of you who like reading legal briefs on affs that fuck up

conv3rsion

conv3rsion

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Dec 14, 2008
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Yesterday Shawn Collins posted the court opinion from the case between jeremy shoemaker and the guy who used his adsense picture on his farticle. I find this stuff really interesting.

Motion to Dismiss ShoeMoney Copyright Lawsuit Denied | Affiliate Marketing Blog by Shawn Collins

A couple takeaways (some that should be obvious).

1) Don't use pictures of people that have money to promote your shit.

2) Don't use pictures of people who understand the internet to promote your shit

3) If you rip someone's lander you are as responsible as they are for everything on it and the "this was done by a 3rd party" defense isnt holding water.

IANAL obviously but it doesn't look like this guy has a chance in this case and if he has half a brain he will settle for whatever Jeremy will take since Jeremy is clearly in the right here.
 


Heh yeah he's gonna get fucked. It's like he didn't have a lawyer and sent an email to the judge that was like

"Yeah this is bullshit I just copied some landing page and didn't know who that shoemoney guy was and the campaign didn't even work cause I didn't get much clicks. Case over amirite?"

Almost sad cause it sounds like he spend maybe $1000 made $400 and is now gonna get rammed in the asshole for it if you believe him.
 
[[Ralph] Ruckman responded that he would identify the "publisher" only in response to a subpoena or a "request from Jeremy [Schoemaker] personally]

Yea and if you want the short version of this I tried every avenue to settle this with what I had, was given and could. That was, until this publisher decided to weazel out of it and pin the dart on me. Not a bright idea. I've had the utter stress of dealing with 3 of these incidents in the last year involving Shoe's trademark images.

1. I settled over a phone call at Adtech San Francisco last year.
2. This one currently that turned into a mess.
3. Just last week, a known WF'er got snagged and we were able to mediate the settlement between Shoe and this publisher when we could have easily terminated him.

And for the record, Jeremy didnt send a personal subpoena. His legal did;)
 
Ok, so basically there was a history of Shoe's lawyers subpoenaing (looks odd, might not be a word) C2M over this exact same problem in the past.

The doc makes it sound like you'd be so honored to actually talk on the phone with the great and powerful shoemoney that you'd roll over without a problem ... knowing your reputation, my spidey senses told me differently so I figured I'd ask.
 
Actually I read it as ruck wanted shoemoney to call him so he could get it settled easier and short of that he wasn't given up info without a subpoena. I was pretty happy to see that even though I'm not a bizopp guy.
 
There was no history of Shoe's legal subpoening me or my company until this incident no. Like I said, the first situation was settled over a phone call in a hotel room in San Francisco. Matter of fact, I had dinner with the offending publisher earlier that evening so a little crazy to get a phone call back to my hotel room and being informed and then spending the rest of the evening sorting the situation out before entering into any more dramatics.

This last situation was mediated by myself thru this publisher and Shoe even though Shoe already knew who the pub was. As if mediating the situation wasnt enough C2M personally paid our legal counsel for the agreement between us, the publisher and Shoe just to get it over with quickly and smoothly.

I try to settle any situation with as little bullshit as possible and I've never given any publisher's info up until that time WITH or WITHOUT a legal subpoena (unless they are a frauder). However, the situation turned shitty real fast and everything I could do between the two was exhausted at that point. Yes I tried to mediate the situation as best as I could but I dont win them all.

If you want my opinion, this should have been over a long time ago. The publisher was wrong, admitted he was wrong and should have just settled but no matter what I did, said or tried to do, ultimately you cant make up people's minds for them and he chose to go a different route.
 
conv3rsion said:
Yesterday Shawn Collins posted the court opinion from the case between jeremy shoemaker and the guy who used his adsense picture on his farticle. I find this stuff really interesting.

Motion to Dismiss ShoeMoney Copyright Lawsuit Denied | Affiliate Marketing Blog by Shawn Collins

A couple takeaways (some that should be obvious).

1) Don't use pictures of people that have money to promote your shit.

2) Don't use pictures of people who understand the internet to promote your shit

3) If you rip someone's lander you are as responsible as they are for everything on it and the "this was done by a 3rd party" defense isnt holding water.

IANAL obviously but it doesn't look like this guy has a chance in this case and if he has half a brain he will settle for whatever Jeremy will take since Jeremy is clearly in the right here.
Click to expand...

While I agree with these points, that isn't what this case says at all. This is simply a jurisdiction issue, and that could have gone either way. If Schoemaker had "lost" this motion hearing, it would not have made his claim for copyright infringement any less valid or excused Defendant's use of his image, it simply would have meant it would have to be filed in the Defendant's home state, not Nebraska.
 
I think Shoe is recruiting and planting pubs and then having them use his image to promote C2M offers in a scheme to extort C2M.
 
Turbo should sue the morons using her picture too, I've seen it around a few different times.
 
All this and Shoe still promotes "free" ringtones:

Free Ringtones For Your Cellular Phone
Free Ringtones for your Verizon, Nextel, Sprint, AT&T, and Alltel ring tones. Over 1500000 for your i710 i730 i830 i860 i930 plus Webjal Myjal tools to help ...
Free Ringtones for Your Mobile Phone - Send to phone - Wallpapers
h**p://www.nextpimp.com - Cached - Similar

Clicking leads to a subscription offer operated by media breakaway.

Oh the irony
 
"Schoemaker submits, however, that the "news article" was "false," that the user-generated comments were "fabricated," and that the methods offered to purchasers were "part of a scam...to obtain consumers' credit card numbers and process substantial charges to those credit cards on a monthly basis."" Schoemaker's claim that the site used a false news story to promote a credit card scam is uncontradicted."
 
From the shoemoney system "fine print"

Your initial charge will be $4.95. You will then be charged $197/monthly after your initial charge has been made. Disclaimer: Every effort has been made to accurately represent our product and it's potential.
 
These types of things are usually handled by a C&D. Shit gets taken down everybody moves on. Except when you're one of us and you want to make a quick buck cuz I guess your own rebill system ain't makin no chedda.
 
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