RE: Website

by "Michael Wilson" <mwilson(at)xionmedia.com>

 Date:  Fri, 8 Jun 2001 20:20:11 -0400
 To:  "'Kehvan M. Zydhek'" <kehvan(at)zydhek.net>,
"'Jonathon Stevens'" <jon(at)3spadefx.com>,
"'business list'" <hwg-business(at)hwg.org>
 In-Reply-To:  vulcan
  todo: View Thread, Original
...a'ight,

The bottom line is, irregardless of why you acted, is that is was not
your personal business and you should have asked before you got
involved. I am sure if she wanted us to come to here defense she would
have requested it. You could have seriously compromised her position in
this matter. Before she had a solid case... Now as things have been
altered more, it's not quite the blatant rip off that it was earlier.

The burden of proof in this case would have fallen on Susan's shoulders
and since things have changed that may prove to be more difficult to do
if the other site owner decides that he/she has made enough
modifications to the original to discount it as a copy, making it simply
similar.

> Because if you look at the SOURCE CODE for the two sites, 
> you'll see they use the SAME CSS file, 

File naming is completely irrelevant. Just because I call my file
file1.gif and you do also, doesn't prove I stole your file.
 
> Further, as mentioned by others, certain pages on LoanLenders 
> do not function properly, where they are seamless in BestRate.

Bad programming is not an admission of guilt.

> Finally, after two emails that I know of to LoanLenders (mine 
> and one other from this list), the navigation graphics have 
> been changed to text links on LoanLenders... a surer sign of 
> guilt cannot be given

It's called CYA... And is still not an admission of guilt.

> Now that the navigation graphics are missing, I 
> can't send you off for proof, but they were the SAME graphics 
> used on Susan's site, and on Susan's site, the colors didn't clash...

Doh! See paragraph 2 for enlightenment...

> Now, as to you, Jonathon, I'm sure you mean well in your 
> comments, which are all quite valid, but did you bother to do 
> any research into this before trying to publicly ostracise me 
> or Susan? Did you compare the two sites, side-by-side, seeing 
> how they functioned and looked? Did you view page sources to 
> see how they compared? I suspect if you had, you would not 
> have made the comments you did in your posting.

I did all of that and more, however _I_ didn't respond by sending the
site owner my personal opinion.

> As for requesting Susan's permission, technically, that would 
> be necessary for sending someone's comments to someone else. 

No but like Mama always said... Mind your business boy.

> In this case, however, after performing all the research and 
> comparisons I describe above, I was so furious with the 
> blatantly OBVIOUS copy that I simply sent off an email to 
> LoadLenders customer service email, the "web designer's" 
> email (at the bottom of the main page), Susan, and the list. 
> OBVIOUSLY, it got people's attention.

How does that help here case, if that's all they change?

> Now, regarding just sitting around and discussing what can be 
> done rather than take action NOW, are you saying, Jonathon, 
> that if you saw someone's bag get stolen on the street that 
> you would just turn a blind eye away from that and maybe 
> later discuss it over cigars and brandy with your friends, or 
> would you make chase to at least TRY to bring the theif to justice?

Totally different situation. Did you SEE them rip this site off or did
you become Judge and Jury on your own?

> Kehvan

I am sure you meant well, but if you had done this to me, we would have
to had a come to Jesus meeting at some point.

Mike

============================================
Michael Wilson - CTO/Secretary
http://www.xionmedia.com
--------------------------------------------
Xion Media, Inc. Web Development
P: 704-398-2454  F: 704-398-2063
============================================
"In the middle of difficulty lies opportunity." --Albert Einstein 

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