Freedom of Speech is a Threaten to Internet Users
[Editorial Note: For over 20 years I have been directly involved with the ownership and operation of many online communities, both internet and on various proprietary services, notably CompuServe. Internet Community is nothing new to me and I do a considerable amount of consulting in this arena. Therefore the opinions here are my own and based upon my experience in the subject matter of online community and free speech.]
For many years online community has been the glue that binds people to the Internet and various online services. Whether it be Forums, Mail Lists, Chat Areas or some place in-between, people flock to online sites where they hold a common interest with others. Traffic, or the number of people participating either passively, by reading, or actively, by reading and replying, within an online community are direct measurements of site's success. The key to the success of an online community is to allow the people participating the freedom of speech to express their opinions, thoughts and ideas within the bounds of "good taste and acceptable language." These rules are normally set by the community's owners upfront. Consistency and even handedness in enforcing the communities ground rules is the secret weapon that makes people within the community comfortable to participate, (i.e. return visits.) This is a lesson many businesses have yet to fully embrace with the understanding that not everyone is going to think they are wonderful all of the time.
Someone forgot to explain that concept to owner, Robert Novack of Petswarehouse.com. Novack has filed a multi-million dollar lawsuit against the Aquatic-Plants List hosted by Active Windows Productions, Inc. or actwin.com with accusations of libel, conspiracy, defamation, computer hacking, all because a member Dan Resler wrote a message that basically told people not to buy plants at Petswarehouse.com because of various problems he had with the business.
Writing an opinion message online is nothing new. Many of us, myself included, have written messages, both pro and con, about various businesses over my lifetime. We do it in our weblogs all the time. I have also had messages written about my businesses and my opinions as well. These messages can be a great service to the "community good." Messages can help point out a businesses positive and negative sides, and bring them to action. Today most businesses react quickly and positively.
From where I sit, the Aquatic-Plants List appears to be an evolutionary outgrowth of CompuServe's Pets Forums. The CompuServe site is the oldest online community of pet owners in the world, owned by John Benn. The Aquatic-Plant mail list hosted by Active Windows Productions, Inc., covers topics regarding "water plants" and appears to be occupied by a very stable group of knowledgeable members who have been involved in the hobby for years.
On May 15, 2001, list member Dan Resler wrote a message expressing the problems he had with an order he had placed with Petswarehouse.com. As a Community Manager, I've read the message and found it to be civil and a well written narrative of his encounter with Petswarehouse.com. Other members offered their experiences. All pretty civil, but expressing their concerns and complaints about Petswarehouse.com, their business practices and offering glimpse of personal insight. In my professional opinion, this type of communication is where online community becomes an excellent resource.
However within a week Petswarehouse.com got their nose bent out of shape because of what Novack thought was bad press, threatening Jared Weinberger and others with a law suit. It is reported that Novack emailed Jared Weinberger threatening a law suit and attempted to bully Weinberger by demanding what Jared could say about Petswarehouse.com on his mail-list and website. [Note: Mr. Novack this was not a good move on your part, trust me.]
On May 31, 2001 Novack representing himself "pro se" and his business Petswarehouse.com filed suit for $15,000,000 against Active Window Productions, Inc., the mail-list and the entire group, including "John & Mary Doe" (AKA: you and me.) Basically anyone who had complained against Novack and his business and wrote about it. As time has gone on Novak has further alleged death threats and hacker attacks against his business and called in the FBI.
Attorney John Benn, and long time Pets Forum community manager has spearheaded the legal defense fund to assist the defendants in paying what could be a long out-of-state legal battle. Banner ads for attracting internet users to support the defense fund are online and being widely supported. (Pick one up if you can donate the webspace.)
Now Novack, being the twisted businessman he appears to be, is even trying to sue Benn and the defense fund, and other websites in order to "protect Novack's Petswarehouse.com trademark" and defend his business from "lies." Many of these people being named in the Amended Complaint are just plain people who have publicly posted their support for the defense fund. Novack is also alleging "conspiracy" in an Amended Complaint recently filed and has expanded the group of people he is suing.
Mr. Novack needs to get a clue. "Markets are conversations." And "As a result, markets are getting smarter, more informed, more organized. Participation in a networked market changes people fundamentally." Obviously Mr. Novack hasn't read the book.
Because of the expense of a long drawn out case the defense fund ran out of cash at one time. However it is alive and well now. Some of the scared defendants have felt compelled to settle with Novack. It is a pity the defendents couldn't hang on long enough to nail Novack for this frivolous law suit and collect from him. Long time website PlantedTank.com of JoAnn VanDersarl even turned over her domain name to settle with Novack. I personally hope there is an appeal or counter-suit in order to stop Novack's frivilous lawsuit.
At the heart of this matter is our Right to "Freedom of Speech." Novack by bullying and attacking everyone who has a problem with his business is no way to run a business. People have the right to complain when a business is not living up their end of a business deal. Thousand other users online, myself included, have complained and praised many companies over the years. The normal outcome of this public venting, like a letter to the editor or consumer affairs writer/reporter, is that the business in question sees the light of day and gets the opportunity to correct their problems. Most businesses become more responsive to people's need and all the better for the process.
From what I have read if Mr. Novack spent more time working on his business practices by making customers happy and less time on his "hobby" of suing he could have used Dan Resler's constructive complaint about Petswarehouse.com business practices and become successful.
It's a pity Rageboy hadn't ordered plants from Novack. eh?
Petswarehouse.com and Robert Novack are definate nominees for the Titanic Deck Chair Rearrangement Corporation's Iceberg Award.
If you can afford to cough up a couple bucks and contribute to Legal Defense Fund click here. The fund is being managed by attorney John Benn, and I can and will personally vouch for his integrity. They are taking paypal and various other payment methods.
To read about the entire case click here.
To read more about what MS-NBC, Salon, TechTV and the Long Island Business News has to say.
That's my opinion and I'm entitled to it. Feel free to spread the thread!
4:39:00 PM 
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Magestic Has Been Spotted. Flying high and diving into the Mississippi River over Rock Island, Illinois Lock and Dam 15, Magestic the Eagle was spotted this week fishing for his prey. For those of you who don't know-- Magestic is a wonderful rescued Bald Eagle who was reintroduced into the wild several years ago after being shot. Magy' spent occasional weekends at our farm, under the care and feeding of my father, when his rescue caregivers had to go out of town. He also learned to fly again in one of our barns in order to insure he had the ability to survive in the wild. This picture was snapped this week by one of the local Corp workers. 