"Back to Earth" (Another Finnbay-Related Post)

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 

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.

I have sent Finnbay that e-mail (November 22, 2013) and haven't heard anything since.
_________________________________________________________________________________

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.

Finnbay = Waste of Time

Not sure if you knew this but I used to write for Finnbay.
I was approached last February via my blog (this one actually) by a fellow named Onur requesting my assistance in helping to get his site launched.

What is Finnbay?
An online source of information to help other foreigners out living here...
And he was frustrated that there wasn't enough support for expats in English - fair enough.
So Finnbay is just a more modern and updated version of the Finnish Forum and has photos and articles and such...like an online magazine full of information from expats with the knowledge and experience - okay - interesting!

What did you have to do?
Write articles - pretty much blog - about my life and experiences of living in Finland. Onur found me via this blog and liked it a lot and thought I could really contribute to the site.
I was excited because in his e-mail it was stated that I would get more exposure to my blog and my writing and help build a bigger network etc.  I'll write what ended up happening in this post...keep reading!

The terms were fairly relaxed - I will give Finnbay credit - I did not write very frequently at all I admit.  I more or less edited (or straight up copied) posts that were already existing from my blog - because it was just easier and less time consuming of course.  I'm a mother of 2 super active kids and 2 dogs and he knew that I was a busy person (and in the process of signing up for Finnish courses) - so I was glad that me contributing to the site wasn't a huge deal in terms of "strict deadlines".
However the layouts for the site were quite strict and Wordpress is apparently NOT my friend (we really don't click)...so I usually just typed up an article via e-mail and sent it to Onur and he kindly posted it accordingly on my behalf.

Were you getting paid?
No I wasn't.
However, during a phone call, it was suggested that myself and other regular authors/staff would get some monetary compensation once sponsors and donations came through for the site.
*Update November 23, 2013 - there's also the same suggestion in an e-mail from Finnbay's creator that I have found recently.
I haven't (and I'm sure others haven't either) heard a single word about any kind of payment for our articles posted...
In fact, my friend Adam, ended up writing a bit for Helsinki Times and it's sister magazine/paper "6 Degrees", and was getting paid for it.  When Onur found out - he didn't support Adam's decision to continue working for 6 Degrees and write occasionally for Finnbay...if he did, then I suppose Adam would do what he could to keep Finnbay updated with his articles - but when push comes to shove - Adam didn't really have any other way to make an income - while studying Finnish too - in a smaller city that is dominantly Finnish-speaking.
I understand and appreciate that Onur is hoping to make his own income via Finnbay - all of us foreigners have our talents and should use them to the best of our ability when living in a foreign country and of course try to help with the bills and living expenses!  Especially if you are married to a native of that foreign country and they're the current bread-winner!
But to suggest to Adam, that he NOT be a team member because he was getting paid (and deservedly so) by another company, when Finnbay could not provide any sort of pocket change for any of the "staff" - hardly fair.
I would think that having Mr. Adam Faber - a quickly becoming popular writer for Helsinki Times AND 6 Degrees (along with his own personal blog) - would be nothing but a benefit to Finnbay.

What articles?  Your name isn't listed in the "About Us" section of Finnbay...
Ah, but if you do a search for "Dominique Riggs" - you'll find my articles...why are they still on the site if I'm no longer a team member?  No idea...Adam's are there too.
Anyhoo - here's the links to my articles (in no particular order that I wrote them either):

• Restaurant Day - From the Seller's View
• Having a Baby in Finland?
• You Have a Baby...Now What?

I just listed three- there are some others like banking in Finland and other little things.
*Update:  They have been removed as per my request - as of November 2013*

Anyways, in my profile on the Finnbay site (and anyone else listed as an author/writer) - my blog was not listed at all.  Just things that I liked to do (which I did write myself), which funny enough included BLOGGING, and my Learning About Finland blog - nowhere to be found.
Other authors didn't have their blog listed either unless it did not relate to an expat life in Finland.

An e-mail I had received from Onur stated a funny request.
Pretty much (without copying an actual copy of the e-mail on here) he wanted me to NOT write articles on my blog that were same as the ones I had written on Finnbay (even though the original was from MY blog and possibly posted online for months/years in advance of Finnbay's existence) - he expected me to write in my blog - a LINK to the "original post".  AKA link everything to the ever-so-holy Finnbay....
Because he has discovered that Google searches degrade sites with content that is duplicated elsewhere. 
Onur then advised me that another writer used to write for his own blog but now he just writes the link to Finnbay's site.
WHAT IS THE POINT OF WRITING IN A BLOG, IF YOU'RE ONLY WRITING URL LINKS?(Wiith a little description of what to expect when you click on the link...)
None - that's what.

Thanks to that little e-mail Onur - you sealed my future with Finnbay.  I decided I was done with Finnbay. 
For one - I never use your site.  I rarely promote it too because I find it ridiculously slow (and I'm currently typing in class on a fast-speed connection and there's nothing but a black screen for the past 10 minutes) and I don't agree with your methods or poor ideals of "Team Work".

Then when I was trying to write an e-mail advising the Finnbay team that I no longer was interested in writing or being part of their team - I got a totally random e-mail that was addressed to all the staff.
It was in regards to a fellow named *N.P.* - who had e-mailed Finnbay and threatened to shut down Finnbay because he wasn't paid appropriately. 
Of course, I don't know both sides - but for someone to demand the remaining of his pay - I think that is justified and if he wasn't getting a straight answer from Onur - he should contact the police.  I understand he was on the tech support of the team and he attempted to hack and change things on the Finnbay site until he received the last bit of his money.

Another nail in the coffin.  I decided right away - this is the time to get out of this crappy "company" and get back to blogging for ME.
When I advised Onur that I would be leaving Finnbay permanently via e-mail:

"Hi Onur:

I just feel that I do not have time to commit to Finnbay and would rather write for my own blog.
I also noticed on your site that my link to my blog is no longer listed and feel that is not fair, considering that is how you found me (and I'm sure the other authors).

Thank you for the oppourtunity and I wish you the best with Finnbay.

Dominique"

His poor response was a thanks for contributing and a best of luck with my stuff.

Absolutely no recognition for his own selfishness or apologies either.

If you're a fan of my blog - thanks so much!  I really appreciate it and am currently studying Finnish intensively so my blogging times have dropped a bit but as soon as something interesting is going on - I try and blog or at least start a blog piece :).
If you're a fan of Finnbay - great, I'm glad that Onur and his team of hard-workers are helping you get the information that you need.

Don't like Finnbay and how it treats their staff?  Let them know on their site!
I'm sure there's a "CONTACT US" section somewhere - but yet again, I'm still waiting for the site to load up.  (Maybe it's because I was using Internet Explorer and other search engines are faster...)

Cheers.

Updated: November 23, 2013
I had previously changed the owner of Finnbay's owner/creator, to "Bob" - however, due to a review of the Finnish "defamation law" and a review of Finnbay's Legal Terms and Conditions (Section 3.1.9) - I am no longer bound by them and never were to begin with - as I will explain further in a separate blog post - to which legally, I am entitled to write and publish publicly - hence the first name being listed again.