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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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