Jeff Barringer quote - am I reading this right? - FaunaClassifieds
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Old 04-30-2003, 02:32 PM   #1
WebSlave
Question Jeff Barringer quote - am I reading this right?

This is a quote made by Mr. Steve Ori in a thread in the BOI:

Quote:
I talked to Jeff Barringer and this is what he had to say about this site!!!!!!!!!!

>>>--- Jeff Barringer wrote:
>>>
>>>
>>>>The BOI is not our site. Not only is it
>>>>not our site, it is a web address that has been
>>>>blocked from being posted anywhere to our site
>>>>beacuse of the repeated and continued libel
>>>>and slander regarding our business, our vendors,
>>>>our users, and our staff.
>>>>
>>>>We are not involved with, part of, affiliated
>>>>with, or do business on any level with anyone
>>>>connected to that web site. We neither support
>>>>nor condone the activities that occur on the BOI.

You can take it or leave it!!!!!!!!!!!!!!!!!!!!!!

Sincerely,
Steve Ori
A Forgotten Realm


__________________
Steve Ori

A Forgotten Realm
If I am interpretting this right, not only has Jeff Barringer banned any mention of THIS site on his kingsnake.com site, but he is also extending the grudge to my SerpenCo.com site as well. This is my opinion based on him neglecting to send me a renewal for my storefont link on his page. True, maybe it was just an oversight on his part, but I had been expecting something like that, and felt that trying to contact Mr. Barringer for an explanation would have been a fruitless effort. Any emails I have sent him lately have gone unanswered.

And let's analyze that quote a little bit, in context to the above situation:

Quote:
>>>>We are not involved with, part of, affiliated
>>>>with, or do business on any level with anyone
>>>>connected to that web site.
How literally should this be interpretted? Obviously SerpenCo.com is connected to this site via my ownership of both sites. But only to the extent that I have a link on my SerpenCo.com site to FaunaClassifieds, and have a return link from here to SerpenCo.com via a couple of banner ads and the sponsor graphic.

What is meant by "connected"?

Does this mean that anyone whom advertises on this site, or has a link on their page to this one is not allowed to do business with kingsnake.com? Does this mean any or all of the banner advertisers here as well? If you are a member/visitor here, will you be denied opening a business account at that site?

I don't know, but it sounds to me that somewhere in all this there must be a line that divides Jeff just being downright unfriendly, and perhaps doing something that just might not be legal, in my opinion. Yeah, I know it is his site and all, but if a person owns a virtual monopoly on the internet trade in reptiles, and knowingly and (I want to say maliciously, but that seems a bit strong - so how about callously) bans people from his site, in some instances cutting them off from a substantial portion of their income, isn't he skirting some major legal jeopardy by doing that? In my case, it was because of my refusal to delete a thread posted by Adam Block that mention of this site was blocked, and now, apparently, my business relationship via SerpenCo.com has been blocked as well. All because I refused to bow to the demands of the owner of kingsnake.com that I do to MY site what he wanted me to do.

I mean, do you suppose that there are some people whom wanted to get banner ads here, but were threatened with banishment from kingsnake.com if they did so? Or were there other sites sporting links to FaunaClassifieds.com that were demanded to have them removed? Certainly such actions as these can't be legal, can they? If someone is not allowed to open a business account with kingsnake.com solely based on their association with this site, isn't that engaging in extortive practices?

Say, how about a trip to GOOGLE.COM to look up the word extortion? Now I'm curious....

Extortion:
Quote:
T.P.I. -- CRIM. 11.04

EXTORTION

Any person who commits the offense of extortion is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1

[Part A:

(1) that the defendant intended to obtain [property] [services] [any advantage] [immunity] from another person;

and
(2) that the defendant did so by the use of coercion.]

or
[Part B:

(1) that the defendant intended to unlawfully restrict another's freedom of action;

and
(2) that the defendant did so by the use of coercion.]

"Intent" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.2

"Obtain" means to:

[(i) Bring about a transfer or purported transfer of property or of a legally recognized interest therein, whether to the defendant or another;]

or
[(ii) Secure the performance of service].3

"Property" means anything of value, including but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].4

"Services" includes [labor] [skill] [professional service] [transportation] [telephone] [mail] [gas] [electricity] [steam] [water] [cable television] [other public services] [accommodations in hotels] [restaurants or elsewhere] [admissions to exhibitions] [use of vehicles or other movable property].5

"Immunity" means freedom from duty or penalty.6

"Coercion" means a threat, however communicated, to:

[(A) Commit any offense;] or

[(B) Wrongfully accuse any person of any offense;] or

[(C) Expose any person to hatred, contempt or ridicule;] or

[(D) Harm the credit or business repute of any person;] or

[(E) Take or withhold action as a public servant or cause a public servant to take or withhold action].7

"Unlawfully" means contrary to law or unauthorized by law; disobeying or disregarding the law.8


FOOTNOTES
1. Tenn. Code Ann. § 39-14-112(a).
2. Tenn. Code Ann. § 39-11-106(a)(18).
3. Tenn. Code Ann. § 39-11-106(a)(24)(A). "Obtain" includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct heretofore known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. Tenn. Code Ann. § 39-11-106(a)(24)(B).
4. Tenn. Code Ann. § 39-11-106(a)(28).
5. Tenn. Code Ann. § 39-11-106(a)(34).
6. Black's Law Dictionary (5th Ed. 1979).
7. Tenn. Code Ann. § 39-11-106(a)(3).
8. Black's Law Dictionary (5th Ed. 1979).
Well, it's from the legal codes in Tennessee, but I guess it will suffice.

Does the shoe fit?

So here's my question: Has Jeff Barringer actually done what he is implying in that email to Mr. Steve Ori? Has he refused to do business with anyone "connected" to this website? Other than me, of course. Or is this, perhaps, an implied threat for his future actions?

Quite frankly, I would like to know if this is true or not. If you have been subjected to that treatment, or know of someone whom has, please contact me privately. I think this is something I should know about. Just out of curiosity, of course.

Sure sounds like JeffB is getting downright unfriendly towards my little site, though, doesn't it?
 
 


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