Sorry it's been awhile since I blogged but now I finally have something really worthy to blog about!
I recently have received a "Formal Notice" from Finnbay threatening legal action against me - Dominique Riggs on November 20, 2013.
What could I possibly do to offend the oh-so-mighty Finnbay while raising two kids, two dogs, keeping house, baking for Restaurant Day (and an up-coming Christmas market), studying Finnish intensively and trying to squeeze in weekly craft meetings and Foreigners in JKL meet-ups once a month?? (On top of all the regular household errands required...)
I wrote a blog post.
I know!!!!!!!!! So terribly scary and so on. Well the company and it's creator, Mr. Onur Y., are super mad at me because of a privacy breach and defamation.
And possibly because when you go on Google and search for "Finnbay" - my blog post is the 4th link listed on the first page.
Thanks my readers - I feel pretty famous!
Before you get your knickers in a twist about what I'm going to write - here's the law on defamation in Finland and Finnbay's own privacy terms and conditions (See section 3.1.9 and as well 3.1.7).
As of November 23, 2013 - there haven't been any changes but just in case you're on a mobile phone and hate opening new tabs like I do - I'll copy and past it all for you here:
"3.1.7. Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement." (Accessed on November 23, 2013 from http://www.finnbay.com/about-us/legal-notices/)
"3.1.9. This Agreement shall remain in effect for a period of three (3) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive until the volunteer has provided a written notice of their leave of FINNBAY." (Accessed on November 23, 2013 from http://www.finnbay.com/about-us/legal-notices/)
Okay - so I get an e-mail first thing on a Thursday morning advising me that:
A) It's a formal notice directed to yours truly.
B) Finnbay is taking the first step of legal action against me for the above linked post because of a breach of privacy and defamation of the named company.
C) They hope they can find middle ground and we can work something out.
D) While they support freedom of speech, they do not tolerate untruthful information being spread that damages other people's credentials in public...(I'll tackle this point in another blog post in the future but do note - I do have all e-mails confirming everything listed in this blog post.)
So! I went back to that blog post - dated August 13, 2013 - and out of the kindness of my heart - removed the name "Onur" and changed it to "Bob".
I also removed someone else's name as they have nothing to do with Finnbay - other than to want their remaining pay owed from this organization.
After doing some research - I discovered that Finland has a 100% Freedom of Speech law - so I can write (and so can you) anything about any business or public persons that may be of interest to the general public.
Considering Finnbay is a fairly new site and I had a difficult experience since leaving there - I felt it was only justified and fair that others interested in "volunteering" are aware of what is included and what might experience after your official resignation with this company.
Others that I know of - have also had difficult experiences and negative opinions of Onur's operations with Finnbay as well...which I'll be more than happy to share with y'all once I have collected enough resources and evidence to support a blog post about it.
I advised Finnbay that I had made some edits and removed his name (he's the creator and owner - although for some reason, a Bruce Stone is listed as the heir/holder of the site - which I can't find any information on either - so possibly it's just an alias??).
"Finnbay Team" (as Onur doesn't want to take ownership??) as the e-mails were all signed - thanked me and removed my articles listed on their site - which is great - because they were more or less just duplicates (with perhaps the odd slight edit) of articles listed on my blog here - which existed well before Finnbay was launched (February 2013).
It was then requested that I remove my post within a week or they would continue with taking legal action against me and have already (suggested) submitted paperwork to the Helsinki Court.
Okay - I don't see anything wrong the blog post - other than me using his name - it turned out it was legal so I re-edited the post (November 23, 2013) to reflect as such.
He/they (whichever way you want to read it) suggested breach of privacy - right?
Well, then he posted the link to Finnbay's legal notice page...and after searching through my private communication/e-mails with Finnbay - noticed that there was never any terms and conditions listed or privacy agreements for me to read, sign or agree/disagree to. I was never sent any and never advised of any either. It should be noted that I sent Onur/Finnbay a couple of pieces/articles for him to use prior to the website's official launch.
So if any such agreements were listed on the site - I wouldn't have known and it was done so without my knowledge or consent (Section 3.1.7).
So what this really means - is that if you volunteer (or if you're lucky enough to get paid something) for Finnbay - you are not legally bound to any sort of privacy agreement because this agreement and terms were already made public prior to you typing your first word in their site.
Way to go Finnbay!
Also, it was requested in the 2nd e-mail from Finnbay - that I remove or re-write my blog post to reflect as "my despising" of Finnbay as a user and not as an ex-volunteer (his words).
So after a lot of research, editing and such - I sent him/them a lengthy e-mail advising and kindly pointing out the two most major flaws in their terms and conditions.
I'm sure there are others - but these two really stuck out.
A) I submitted an e-mail/letter of resignation due to lack of recognition for my Learning About Finland blog (it was never linked - although there was a promise of more networking and exposure to my blog etc. - which I do have an e-mail of - specifically from Onur) and due to lack of time.
I wrote that e-mail and had received a kind "thanks for getting us started - good luck with your stuff" response and that is dated on July 8th, 2013.
I published the "Finnbay= Waste of Time" post over a month later - on August 13, 2013.
So - that Section 3.1.9 fully supports what I did.
Apparently this blog post was only discovered 3.5 months after publishing date and I was accused of defaming Finnbay for the past 3-months....but I only wrote the one post, and only intended to write the one post - until now.
B) According to Section 3.1.7 - the agreement never existed to begin with.
Don't blame me - I'm just telling you how it is.
C) Finland
I recently have received a "Formal Notice" from Finnbay threatening legal action against me - Dominique Riggs on November 20, 2013.
What could I possibly do to offend the oh-so-mighty Finnbay while raising two kids, two dogs, keeping house, baking for Restaurant Day (and an up-coming Christmas market), studying Finnish intensively and trying to squeeze in weekly craft meetings and Foreigners in JKL meet-ups once a month?? (On top of all the regular household errands required...)
I wrote a blog post.
I know!!!!!!!!! So terribly scary and so on. Well the company and it's creator, Mr. Onur Y., are super mad at me because of a privacy breach and defamation.
And possibly because when you go on Google and search for "Finnbay" - my blog post is the 4th link listed on the first page.
Thanks my readers - I feel pretty famous!
Before you get your knickers in a twist about what I'm going to write - here's the law on defamation in Finland and Finnbay's own privacy terms and conditions (See section 3.1.9 and as well 3.1.7).
As of November 23, 2013 - there haven't been any changes but just in case you're on a mobile phone and hate opening new tabs like I do - I'll copy and past it all for you here:
"3.1.7. Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement." (Accessed on November 23, 2013 from http://www.finnbay.com/about-us/legal-notices/)
"3.1.9. This Agreement shall remain in effect for a period of three (3) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive until the volunteer has provided a written notice of their leave of FINNBAY." (Accessed on November 23, 2013 from http://www.finnbay.com/about-us/legal-notices/)
Okay - so I get an e-mail first thing on a Thursday morning advising me that:
A) It's a formal notice directed to yours truly.
B) Finnbay is taking the first step of legal action against me for the above linked post because of a breach of privacy and defamation of the named company.
C) They hope they can find middle ground and we can work something out.
D) While they support freedom of speech, they do not tolerate untruthful information being spread that damages other people's credentials in public...(I'll tackle this point in another blog post in the future but do note - I do have all e-mails confirming everything listed in this blog post.)
So! I went back to that blog post - dated August 13, 2013 - and out of the kindness of my heart - removed the name "Onur" and changed it to "Bob".
I also removed someone else's name as they have nothing to do with Finnbay - other than to want their remaining pay owed from this organization.
After doing some research - I discovered that Finland has a 100% Freedom of Speech law - so I can write (and so can you) anything about any business or public persons that may be of interest to the general public.
Considering Finnbay is a fairly new site and I had a difficult experience since leaving there - I felt it was only justified and fair that others interested in "volunteering" are aware of what is included and what might experience after your official resignation with this company.
Others that I know of - have also had difficult experiences and negative opinions of Onur's operations with Finnbay as well...which I'll be more than happy to share with y'all once I have collected enough resources and evidence to support a blog post about it.
I advised Finnbay that I had made some edits and removed his name (he's the creator and owner - although for some reason, a Bruce Stone is listed as the heir/holder of the site - which I can't find any information on either - so possibly it's just an alias??).
"Finnbay Team" (as Onur doesn't want to take ownership??) as the e-mails were all signed - thanked me and removed my articles listed on their site - which is great - because they were more or less just duplicates (with perhaps the odd slight edit) of articles listed on my blog here - which existed well before Finnbay was launched (February 2013).
It was then requested that I remove my post within a week or they would continue with taking legal action against me and have already (suggested) submitted paperwork to the Helsinki Court.
Okay - I don't see anything wrong the blog post - other than me using his name - it turned out it was legal so I re-edited the post (November 23, 2013) to reflect as such.
He/they (whichever way you want to read it) suggested breach of privacy - right?
Well, then he posted the link to Finnbay's legal notice page...and after searching through my private communication/e-mails with Finnbay - noticed that there was never any terms and conditions listed or privacy agreements for me to read, sign or agree/disagree to. I was never sent any and never advised of any either. It should be noted that I sent Onur/Finnbay a couple of pieces/articles for him to use prior to the website's official launch.
So if any such agreements were listed on the site - I wouldn't have known and it was done so without my knowledge or consent (Section 3.1.7).
So what this really means - is that if you volunteer (or if you're lucky enough to get paid something) for Finnbay - you are not legally bound to any sort of privacy agreement because this agreement and terms were already made public prior to you typing your first word in their site.
Way to go Finnbay!
Also, it was requested in the 2nd e-mail from Finnbay - that I remove or re-write my blog post to reflect as "my despising" of Finnbay as a user and not as an ex-volunteer (his words).
So after a lot of research, editing and such - I sent him/them a lengthy e-mail advising and kindly pointing out the two most major flaws in their terms and conditions.
I'm sure there are others - but these two really stuck out.
A) I submitted an e-mail/letter of resignation due to lack of recognition for my Learning About Finland blog (it was never linked - although there was a promise of more networking and exposure to my blog etc. - which I do have an e-mail of - specifically from Onur) and due to lack of time.
I wrote that e-mail and had received a kind "thanks for getting us started - good luck with your stuff" response and that is dated on July 8th, 2013.
I published the "Finnbay= Waste of Time" post over a month later - on August 13, 2013.
So - that Section 3.1.9 fully supports what I did.
Apparently this blog post was only discovered 3.5 months after publishing date and I was accused of defaming Finnbay for the past 3-months....but I only wrote the one post, and only intended to write the one post - until now.
B) According to Section 3.1.7 - the agreement never existed to begin with.
Don't blame me - I'm just telling you how it is.
C) Finland
Criminal Code
In Finland, the libel of State authorities and symbols as such has not been established as a criminal offence. In the case of State authorities, libel constitutes criminal defamation provided that the insult can be considered against certain persons (public servants). Under section 8 of the Act concerning the Finnish flag (Statutes of Finland 380/1978), a person who ruins or disrespectfully uses the Finnish flag will be sentenced to a fine.
Criticism against politicians and public servants is only punishable subject to certain conditions. Under chapter 24, section 9, subsection 1, paragraph 1 of the Criminal Code (Statutes of Finland 531/2000), a person who spreads false information or a false insinuation about another person so that the act is conducive to causing damage or suffering to that person, or subjecting that person to contempt, shall be sentenced for defamation. Under paragraph 2, a person who makes a derogatory comment on another person otherwise than in a manner referred to in subparagraph 1 shall also be sentenced for defamation. Under section 9, subsection 2, criticism that is directed at a person�s activities in politics, business, public office, public position, science, art or in a comparable public position and that does not obviously overstep the limits of correctness shall not constitute defamation under paragraph 2 of section 1.
A person who spreads information, an insinuation or an image of the private life of another person, so that the act is conducive to causing that person damage or suffering, or subjecting that person to contempt, shall also be sentenced for invasion of the personal reputation under section 8 of chapter 24 of the Criminal Code (Statutes of Finland 531/2000). Under subsection 2 of the section, the spreading of information, an insinuation or an image of the private life of a person in politics, business, public office or public position, or in a comparable position, shall not constitute an invasion of personal reputation, if it may affect the evaluation of that person�s activities in the position in question and if it is necessary for the purposes of dealing with a matter of importance to society.
This is copied from the Council of Europe and is the first organization listed on Finnbay's "About Us" page underneath "TRUSTED BY".
So this clears me too.
So this clears me too.
I have sent Finnbay that e-mail (November 22, 2013) and haven't heard anything since.
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But funny enough, I did receive an e-mail from one of those sites that hides your identity and sends it on your behalf and is listed as "Anonymous" with the following message:
"Dominique, We have reported you to the tax office for selling cakes and food without permission and sanitary conditions! http://hookedonsweets.blogspot.com/ That will teach you to get back to the earth!"
I am curious who this person or party might be but have already explained how Restaurant Day works (hint: no taxes or hygiene passport required - or else it wouldn't be such a world-wide phenomenon would it?) in this specific blog post.I'm also wondering if this above written e-mail was sent from a representative of a particular not going to name them company since I managed to prove there is no legal case at all??However, this is merely a hypothetical theory and just me blabbering on my blog...since there's no official proof yet - since the author of the e-mail chose to sign it Anonymously instead of writing their name or what organization they represent.If you are the author of that e-mail: since I can't write back to you directly (since I don't know "know who you are") - please use proper spell check prior to sending me an e-mail.Earth is a name of a place and therefor should be listed with a capital "e" - like this: Earth.And yes, I am currently still here and haven't left.
PS:Before threatening legal action for defamation - please re-read the above copy and pasted information from the EU Council site.
**Please note: In case of any possible changes or updates to the Finnbay site - I have dated screen shots and print-outs of their Legal Notices page - confirming everything I have written here.
Dear Finnbay:
You're welcome for the free promotional adverts on this blog.
Kindly yours,
An Ex-Volunteer
Update: I had misread the dates on my e-mail in which I had listed my resignation and Finnbay's recognition as August 2013 - it was actually more than a month prior to my blog post. The date has since been updated accordingly in this blog post.
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