Wednesday, January 17, 2007

iProng's Response To iLounge's Cease & Desist Letter Analyzed & Refuted



iProng's Response To iLounge's Cease & Desist Letter


I had an idea that Bill Palmer Inc was the main focus of the threatened litigation from iLounge.

iLounge Macworld Booth Will Be Filled With Lawsuits

Read also: iProng: The iLong Lie Of A Name Change At iPodGarage

I have to say, how can one possibly believe Palmer when it's obvious he lied about the name change at iPodGarage (which is now iProng) - the truth was that Apple MADE HIM CHANGE all of his websites or face litigation ... PERIOD. However, Palmer presented the name change as a "new direction and growth" statement.

Another minor issue that I would like to bring back up is the iPodGarage logo - if Bill Palmer isn't an intellectual property thief as iLounge has accused - then why did he have the Apple Patented "iPod Scroll Wheel" in his old logo?

Notes:

Palmer states:

As trade shows and vendors across the iPod economy have begun to show increasingly strong interest in having iProng cover their iPod-related events and products, it would appear that your client iLounge has decided to resort to scare tactics in a rather desperate attempt to prevent an up-and-coming publication from having a fair shake at competing with them.


Up and coming? I wonder if this is the same type of claim that he was the pioneer of the iPod Loading Industry.

While I've never stolen from your client, there have been multiple instances over the past three years in which iLounge copied ideas from my publication iProng (formerly iPod Garage) to varying degrees. To cite two quick examples: in 2004 Dennis Lloyd of iLounge copied my previously published idea for an online iPod User Group and published a derivative group of his own, copycatting the details right down to a nearly identical meeting agenda. More recently, iLounge's Christina Easton copycatted iProng's ongoing series of interviewing famous musicians (a fairly out-of-the-box idea for an iPod-themed website).


This borders on laughable ... just mentioning that his site used to be called iPodGarage is enough evidence alone that he willfully steals IP. Further, iPodLounge was on the scene WAY BEFORE Palmer and the concepts of musician interviews and iPodUser groups are a given progression, not a copy.

Since I'm not an attorney like Mr. Horwitz is, I'm not quite sure of the legal term for what he's done here in his article, but it reads quite a bit like defamation to me.


While I certainly understand not being able to afford an attorney, the success of iProng here is certainly telling.

Furthermore, in the reader comments posted to Mr. Horwitz's article (comments which he later removed but which I have screen captures of), at least one reader's comment confirms that Mr. Horwitz's attempt at bait-and-switch succeeded, with the commenter stating that he believed the claims were directed at me.


Ha ... those comments were from me and I was right.

As far as your claim that I have "made false and misleading statements as well as untrue disparaging comments about iLounge," I've done no such thing. And since you've failed to provide any evidence of this behavior, or to even cite a single supposed instance of this behavior, I can only assume that you tacked this nonsense onto the end of your letter in an attempt to make it sound even scarier (I believe this may again put your client in violation of your favorite California Civil Code 17200). I have in fact noticed that iLounge's reputation appears to have fallen quite a bit over the past year, but that's not my doing or my fault. If they're looking for someone to blame, I suggest that your client take a look in the mirror.


Well Bill you just made an untrue disparaging comment and posted it on the internet. "I have in fact noticed that iLounge's reputation appears to have fallen quite a bit over the past year"

Here is iLounge's Alexa ranking page ... showing a meteoric rise in readership and reach over 2006.

Here is iProng's Alexa Rank Page showing a stagnant readership and reach.

iLounge's website rank: 9676 iProng: 261,340 This website on a good month: 250,000 (March of 2006)This website (this month): 562, 697 *see note below

If your goal was to scare me, then you've succeeded, but not for the reason you were hoping. If there were to be an actual lawsuit, the only result would be sanctions — against you — for wasting the court's time. But what does scare me is that this latest nonsense, combined with some other disturbing behavior I've seen from iLounge over the past year, makes me fear that your client is headed on a path toward self-destruction. I love the motivation that comes from competition, so I don't want to see iLounge cease to exist, I just want to see them stop being idiots. However, if iLounge is in fact bent on self-destruction, then I'll kindly ask that they stop trying to drag me and iProng into their blast radius.


Just more comments ... and more disparaging. This time he tacked on the word "idiots".

Palmer also fails to back up his statements (something he accuses iLounge of doing) - what is their "... some other disturbing behavior I've seen from iLounge over the past year"?

My only compliment here is that it was a very well formed rant, but publicly posting it was a big mistake.

* Netcraft indicates that there are 33 million active websites and 66 million domian names registered

10 comments:

Sebhelyesfarku said...

Bill Palmer is a well-known moron. You know: the smaller the dog, the louder the bark.

c. said...

I recall being annoyed with Palmer. About what? I can't recall. It did have something to do with the whole ipod loading debacle. I was annoyed and said so. I received some lame response which made me avoid his whole site. His iprong site is terrible.

Anonymous said...

What kind of character is Bill Palmer? Here is a documented sample. Back in 2004 Palmer used iPodlounge as a keyword to gain a foothold in Google searches...

META name="keywords" content="iPod, iPod Garage, iTunes, MP3, AAC, Apple, Hewlett-Packard, Bill Palmer, iTunes Music Store, MP3 player, AAC format, iPod User Group, iPod Party, LoadPod, music, headquarters, iPod site, iPodlounge, iPod lounge, iPod-lounge, ipodhacks, ipod hacks"

http://web.archive.org/web/20041030080122/http://www.ipodgarage.com/
(view source code in browser)

Anonymous said...

What kind of character is Bill Palmer? Here is a documented sample. Back in 2004 Palmer used iPodlounge as a keyword to gain a foothold in Google searches...

META name="keywords" content="iPod, iPod Garage, iTunes, MP3, AAC, Apple, Hewlett-Packard, Bill Palmer, iTunes Music Store, MP3 player, AAC format, iPod User Group, iPod Party, LoadPod, music, headquarters, iPod site, iPodlounge, iPod lounge, iPod-lounge, ipodhacks, ipod hacks"

http://web.archive.org/web/20041030080122/http://www.ipodgarage.com/
(view source code in browser)

fixyourthinking said...

I had forgotten about that (using iPodLounge as a meta tag). When I did research on my other stories about Bill Palmer (here on this site) a few of his detractors had pointed this out to me.

Roget said...

Would someone wishing to expose a charlatan be called a detractor? More appropriate would be a seeker of the truth?

The comment by anonymous re: meta tags just shows how Palmer has tried to gain advantage in an underhand way...

...and the evidence is available on the web for all to see.

fixyourthinking said...

Apparently all of the negative comments were removed. Now the only comment is "Well said, Bill. Go iProng!" from a commenter named Alex.

I've also had an IP address banned

fixyourthinking said...

I just can't say who initially pointed it out to me.

Roget said...

I wonder if "Alex" (and now "Paul") = Bill Palmer?

Roget said...

While we wonder if Bill might be "Alex" et cetera, I see that Bill Palmer has added yet another 'tine' to his iProng Force.

He now has Daniel Eran Dilger listed as a "Syndicated Columnist" - About

PROOF that Roughly Drafted is SPAMMING/Gaming Digg with multiple accounts

Roughly Drafted's not a good thing

Is Bill hoping that his 'old dog' can be taught some new tricks?