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The Larry
climber
Moab, UT
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Topic Author's Original Post - Oct 25, 2014 - 07:37pm PT
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So back in June I was fired/quit from my job of 7 years due to a new owner. Whatever. It was time to move on. The problem I have is that I just realized that he hasn't taken my name off of his web site. In fact nobody that is featured as a guide on his website works there any more. I want my name off of the site seeing as I have started my own competitive business. Do I have legal recourse?
And go.
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BLUEBLOCR
Social climber
joshua tree
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Oct 25, 2014 - 07:43pm PT
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Any publicity is good publicity!
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 25, 2014 - 09:23pm PT
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Any publicity is good publicity!
Not in this case. I just want my name and picture off the site and want to find the quickest way to get it done.
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johnboy
Trad climber
Can't get here from there
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Oct 25, 2014 - 09:30pm PT
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Have you asked them to remove your name?
First things first.
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 25, 2014 - 09:36pm PT
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Of course. I asked and got excuses and apologies.
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Peter Haan
Trad climber
Santa Cruz, CA
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Oct 25, 2014 - 09:40pm PT
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Larry, no question, you can put an end to this BS. Get an attorney to write him a letter. Have the Atty outline to you further recourse as well. It won't cost more than $250 to grunt out a icky-sounding letter. Make sure to have him include the issue with all the other guides still on this dung-eating site.
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Chaz
Trad climber
greater Boss Angeles area
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Oct 25, 2014 - 09:43pm PT
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Do you know a lawyer? A letter from a lawyer tends to get things moving.
I'll bet you can get a lawyer to help you for $50 - $100. My lawyer is happy as hell to write someone a nasty letter on my behalf in exchange for a big bucket of avocados.
Good luck!
EDIT:
Mr Haan and I were typing simultaneously. He probably has the more accurate cash estimates.
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BLUEBLOCR
Social climber
joshua tree
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Oct 25, 2014 - 09:43pm PT
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What's the website, we could bombard them with requests to climb with you?!
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anita514
Gym climber
Great White North
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Oct 25, 2014 - 09:44pm PT
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I'll beat them up for you.
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 25, 2014 - 09:48pm PT
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Thanks Anita. I'm sure you could. I could too for that matter but I'd like to keep it civil. Haha.
Sounds like getting a lawyer is the way to go.
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ontheedgeandscaredtodeath
Social climber
SLO, Ca
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Oct 25, 2014 - 11:07pm PT
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I am a lawyer and second / third the hire an attorney to write a nastygram route. Also wondering why he would keep you on his site? I am sure you have fabulous marketing web appeal but it may just be tech incompetence on his part.
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kunlun_shan
Mountain climber
SF, CA
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Oct 25, 2014 - 11:37pm PT
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I am sure you have fabulous marketing web appeal but it may just be tech incompetence on his part.
I agree. Was not difficult to find the site you are mentioned on, Larry. I bet the post above identifies the biggest problem ;-)
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tradmanclimbs
Ice climber
Pomfert VT
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Oct 26, 2014 - 06:44am PT
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The only reason the old names are up on the site is because the guy can not edit his own site. I have a webstore and have the same problem. there is no way in hell that I can edit my own site. In fact the only way I can edit the site is to beg my ex to do it for me as she is the one who built the site. Even other IT people could not edit the site without getting the passwords from her. Sicking a lawer on him is kind of a scummy move unless there is absolutly no other recourse.
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Bill Mc Kirgan
Trad climber
Cedar Rapids, Iowa
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Oct 26, 2014 - 06:51am PT
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sorry 'bout that in yor nice thread but someone had to drag mules intothis and well you know the rest
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 06:58am PT
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Tradman nails it!
In all fairness, that site was a half a decade out of sync, when I first encountered it over a year ago, ( when someone else , ahem, was in charge of it) it has remained unchanged since before then; nothing at all to do with new owner...
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tradmanclimbs
Ice climber
Pomfert VT
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Oct 26, 2014 - 07:23am PT
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If they don't know who built the old site they may have dump the whole thing and start from scratch.
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zip
Trad climber
pacific beach, ca
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Oct 26, 2014 - 07:25am PT
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What's a Bowline?
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zBrown
Ice climber
Brujò de la Playa
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Oct 26, 2014 - 07:57am PT
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Change your name. $46?
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rottingjohnny
Sport climber
mammoth lakes ca
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Oct 26, 2014 - 08:03am PT
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Change the web site or kiss a mules tool...
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kunlun_shan
Mountain climber
SF, CA
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Oct 26, 2014 - 09:34am PT
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Tradmanclimbs and Larry, if passwords to edit the site are the issue, they can always be reset. The owner can always contact the hosting company re. this. Or if running your own server, with physical machine access its always possible to break in and get root.
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 10:15am PT
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Just sour grapes, new site is almost finished.
This thread is in poor form and should be deleted. If you have a new business, the high road would be just to announce it, instead of making up a fake controversy for attention.
You're better than this, Larry!
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Jingy
climber
Somewhere out there
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Oct 26, 2014 - 10:33am PT
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The Larry - I'm not at all adept at business, law, business-law, or whathaveyou...
What if I call up the place and demand that I will only set up my expedition with The Larry, and because I saw your name online, it must be so... would that bring attention to the problem? Or create a problem where your name is... Making it advantageous to remove the name is what I go for.
Then there is the long con to get rid of the name...
Read some of the above thread Edit:
You have asked... ok..
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 10:38am PT
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It's not sour grapes Jay. I'm just looking for advice. I asked him to take my name down. He could do it with one phone call. Yet he doesn't. Sorry if you cant understand why i want my name off of the site. As for the new website almost being completed he was saying that back when i was still working there. I know he's your bread and butter so maybe your view is a little tainted.
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blahblah
Gym climber
Boulder
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Oct 26, 2014 - 11:04am PT
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The conduct is obviously wrongful (perhaps he some some sort of defense if he can prove he has not control over the website; but that seems unlikely to me). In general terms, it's misappropriation of name or likeness and false advertising (and perhaps other things as well).
More interesting to me is the possible criminal liability. I see Utah has a "Crime of abuse of personal identity," which could be read to cover the complained of conduct.
If I were you, I'd consider telling him that unless the name is removed in some sort period of time, you will report him the authorities.
(I have not idea what the authorities would do, probably nothing, but it would be interesting to see!)
76-9-407. Crime of abuse of personal identity -- Penalty -- Defense -- Permitting civil action.
(1) The definitions in Section 45-3-2 apply to this section.
(2) Any person is guilty of a class B misdemeanor who knowingly or intentionally causes the publication of an advertisement in which the personal identity of an individual is used in a manner which expresses or implies that the individual approves, endorses, has endorsed, or will endorse the specific subject matter of the advertisement without the consent for such use by the individual.
(3) It is an affirmative defense that the person causing the publication of the advertisement reasonably believed that the person whose personal identity was to be used had consented to its use.
(4) Upon conviction of an offense under this section, unless waived by the victim, the court shall order that, within 30 days of the conviction, the person convicted shall issue a public apology or retraction to whomever received the advertisement. The apology or retraction shall be of similar size and placement as the original advertisement.
(5) Nothing in this section prohibits a civil action under Title 45, Chapter 3, Abuse of Personal Identity.
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 11:11am PT
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Larry, you weren't able to change it when you were there and it was old, and it looked like Jay Smith still worked there, and there was the issue with the penis enlargement Easter egg... Why do you think the new owner would be better, faster at it than you were?
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Jingy
climber
Somewhere out there
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Oct 26, 2014 - 11:21am PT
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Ah, yes...
and there was the issue with the penis enlargement Easter egg...
 that livens up this discussion of the legal grounds one might have with the removal of their name from a website...
ahahhaha
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 11:27am PT
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Jay. It was never mine to change. One phone call is all it would take. You really should step aside on this issue and watch from the stands.
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graniteclimber
Trad climber
The Illuminati -- S.P.E.C.T.R.E. Division
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Oct 26, 2014 - 11:50am PT
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You won't need to spend the $$$$ for a lawyer. This thread will be effective as any lawyer's letter, if you keep it going.
What is the new owner's name?
The owner can change the web site, or at the very least pull it from the Net until it's updated. It just isn't a priority for him. When it becomes more of a priority, it will happen. That's your job--make it more of a priority for him.
It's not cool for him to keep people who left or whom he let go on his web site.
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zBrown
Ice climber
Brujò de la Playa
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Oct 26, 2014 - 11:59am PT
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Not that I am advocating this, but you could infect him with ebola which would serve the dual purpose of publicity and maybe he would die. Are you mentioned in his will?
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survival
Big Wall climber
Terrapin Station
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Oct 26, 2014 - 12:14pm PT
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I like how in the link above Lisa Hathaway has a beard!
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 12:17pm PT
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Ha. Those were her scruffy days.
Anyway Jaybro has accused me of looking like fool for posting this. If that will get my name erased I'm ok with that.
Hi Pat!
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Happiegrrrl2
Trad climber
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Oct 26, 2014 - 01:13pm PT
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Send him a link to this thread. If he still can't figure out how to get the site edited, then maybe having a website is not a good idea for this business person. After all, what would he do if the site got hacked and the bad guys vandalized it with porno, political or race hate garbage?
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tradmanclimbs
Ice climber
Pomfert VT
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Oct 26, 2014 - 01:36pm PT
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Lots of us rely on the internet to do buisness yet don't know how to make changes to our websites. I can do stuff to the store part of my site www.nkgphoto.com but I am helpless with my home page. I have to ask Isa to make changes there and the last time we tried to do it she could not remember the password. It was enough of a PINTA that she ended up dumping the whole site somehow and starting over from scratch. Obviously the new owner has not had the time, money and inclination to tackel this somewhat intimidateing project.
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 02:50pm PT
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Once again, Tradman nails it!
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 02:56pm PT
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Yes tradman nails. He can't fix it but his wife can. All it would take is a phone call. Problem fixed.
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 03:06pm PT
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Have you called her, Larry? If it's that easy, you could have avoided this, You know her.
Jaybro has accused me of looking like fool for posting this.
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ncrockclimber
climber
The Desert Oven
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Oct 26, 2014 - 03:07pm PT
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...Obviously the new owner has not had the time, money and inclination to tackel this somewhat intimidateing project.
As a business owner, I call BS. He has a legal obligation to remove the OPs name. It might be difficult for him to do so. Too bad. Lots of aspects of running a business are difficult. He has decided to prioritize this activity behind others that are more important to him, at the expense of the OP. I have ZERO sympathy for the owner. His actions show a mixture of incompetence, inconsideration and a lack of respect for providing his customer's with accurate information about his business.
Sorry that some of you see things differently, but from a legal and (imho) ethical perspective, the owner of the website is totally in the wrong.
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goatboy smellz
climber
लघिमा
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Oct 26, 2014 - 03:07pm PT
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It takes all of five minutes to do what Larry is requesting and then check the three main web browsers to make sure it looks okay. This isn't rocket science.
If the owner lost the password they can request a new one from the host or root into the main server if it's a homemade job. Sounds like they are just lazy or incompetent.
Save the money on the lawyer and send them an email with a link to this thread stating you will bring in the lawers if your info is not off their site by the end of the week.
Good luck.
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 03:16pm PT
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Jay. I thought you were gonna take a powder. It's not my responsibility to do his job. He could have avoided all of this by having my name removed last week.
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 04:13pm PT
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Full disclosure, Larry and I have known each other for a number of years. We first 'met' here on the taco and them in person at, of all places, The Crackhouse bouldering hub near Moab.
He first hired me for one of the jobs I hold here in the Moab ghetto of Wolf City Wyoming.
I have the utmost respect for Larry as a climber and human being. I consider him a friend.
And as a friend;
I am trying to pound into his thick, stubborn, ginger
skull, that this is the wrong way to go about dealing with this situation, that never needed to have been brought up in public, and that will, inevitably bite him in the ass because of this approach.
Friends try not to let friends embarrass themselves in public, no matter how self destructive that friend may be. I'm a parent, guide, author, student of psychology and special ed teacher, I got this sh#t, Really!
The new website really is on the way, and I'm more privy to knowing that than he is.
If that's not soon enough, he has the phone number of, and both a professional and friendship relationship with the person who authored the old site in the first place! It crosses no legal lines for him to ask her to remove his name. She has infinitely more power over that than does the new owner, subject of this pathetic, butthurt whine!
It is completely inappropriate for this to be brought up in public, and only makes my buddy Larry, a good man and the shrewd and erudite, observer / pundit of the human condition (that we on the taco know him to be) in which we all are immersed, look bad.
Is that clear?
Namas-freaking-te!
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goatboy smellz
climber
लघिमा
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Oct 26, 2014 - 04:21pm PT
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Oh, he's a ginger?
Well never mind then, those people have no souls and get what they deserve...
Carry on.
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anita514
Gym climber
Great White North
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Oct 26, 2014 - 04:25pm PT
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A ginger?
:(
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 04:28pm PT
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Many of my best friends are gingers. Even, arguably, my daughter.
Man, they're a stubborn lot!
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anita514
Gym climber
Great White North
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Oct 26, 2014 - 04:33pm PT
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I had such high hopes for us, Larry...
Now I can't get this image out of my head
(sorry for derailing but goatboy started it)
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rottingjohnny
Sport climber
mammoth lakes ca
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Oct 26, 2014 - 04:40pm PT
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Is that Larry..? No wonder he wants his picture off the website....
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 04:40pm PT
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Damn Jay is taking this a little to close to the vest. Haha. I am NOT a ginger btw but a light skinned strawberry blonde. Not a freckle on my face. Funny I would have probably already deleted this thread if it wasn't for Jay escalating it. Although with the attention he has helped bring to this issue I'll bet it will be taken care of in the next day or two. I will delete this when that happens.
Jay yer a kook.
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 04:45pm PT
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Okay, sorry about the ginger thing, I thought hair color was the chief diagnostic(?)... Didn't that come up the other night at dinner? Before valley uprising? I coulda swore....
Actually RJ, he has lighter hair, is More buff, and I've never seen him wear masscara...
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 04:49pm PT
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You can't delete it now! It's performance Art!
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Guernica
climber
dark places
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Oct 26, 2014 - 04:51pm PT
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You're awesome, Jaybro! And hey, let's not forget to add former EMT to your list of qualifications, if I remember correctly.
I'm sure you're cool too, Larry : )
As someone who's building out 3 different websites at the moment, I definitely know how much time and effort goes into it... yet this particular issue should only take a couple minutes to resolve.
Good luck!
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 04:52pm PT
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A fools progress.
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SC seagoat
Trad climber
Santa Cruz, or In What Time Zone Am I?
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Oct 26, 2014 - 04:57pm PT
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I f*#king love all of ya!
Except that creepy pumped up thing in all the makeup.
Gawd Anita, what rock did you find that under?
Susan
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Jaybro
Social climber
Wolf City, Wyoming
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Oct 26, 2014 - 04:58pm PT
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He's Very cool, screaming horse head! And I didn't think former EMT was any more relevant than former Llama wrangler, so I didn't mention it.... And yet....
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anita514
Gym climber
Great White North
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Oct 26, 2014 - 05:02pm PT
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That's Carrot Top, Larry's cousin
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 05:04pm PT
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Shut up Anita!
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tradmanclimbs
Ice climber
Pomfert VT
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Oct 26, 2014 - 05:28pm PT
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Im not dissing on you larry just trying to point out that many of us are not capable of editing a website unless it is set up like a blog that we just log in and post sh#t. On my webstore i can upload photos and events, and make price lists but I shure as sh#t can't change anything that whomever built the thing set up.
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The Larry
climber
Moab, UT
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Topic Author's Reply - Oct 26, 2014 - 05:34pm PT
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We're good tradman. Did not think you were dissing me. Thanks for the perspective.
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thebravecowboy
climber
hold on tight boys
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Oct 26, 2014 - 06:56pm PT
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I too am opposed to the unethical treatment of The Larry.
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Studly
Trad climber
WA
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Oct 26, 2014 - 07:40pm PT
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Just notify the guy that he is illegally using your name via certified letter. Give him a week to take it off the website, but state that after that grace period it will cost him $___ per day to use your name in his promotion.
I can tell you he will have if off there in a heartbeat. He just needs to hire a web designer of which there are many available, and that person can remove your name for him. Its not complicated.
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