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NetFixer
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NetFixer

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Nicholas Papadopoulos and updated.com

I was just contacted by telephone and email by Nicholas Papadopoulos of updated.com regarding a post I made in this thread: [Read this before copying and pasting] on September 29, 2004. He wanted me to delete or edit the post, but that is not possible for such an old post. I am therefore creating this new thread so that he can publicly state his own case. I hope he will take advantage of this opportunity, as I certainly had no intention of falsely maligning either him or updated.com.

The contents of his email to me:
said by Nicholas Papadopoulos :

Hi there,

Are you NetFixer the author of these posts?

http://www.dslreports.com/forum/remark,11455660

You have made a statement on a public forum calling me "infamous".

Can you please send me links to the document(s) you read and how it is you verified the validity and accuracy of such statements that made you decide to state that I am "infamous"?

in·fa·mous

–adjective 1. having an extremely bad reputation:
2. deserving of or causing an evil reputation; shamefully malign;
detestable: an infamous deed.

I hope you remove the posts and that this gets resolved in good faith. I am sure you can find other real infamous people to illustrate your arguments and not my name.

Regards,

Nicholas Papadopoulos
email address removed. --WCB!
My email reply to him:
said by NetFixer:

The dslreports.com post you referenced was made on September 29, 2004, and the policy at dslreports.com does not permit me to either edit or delete a post that old. Perhaps you can use the http://www.dslreports.com/contacts link for that web site to see if the site operator can/will edit/remove whatever portions of that thread you find offensive. I will start a new thread in the dslreports.com security forum describing your displeasure, and you will certainly be free to post your own comments in that thread.

At the time that post was made, there were a great many postings on numerous web sites related to updated.com not honoring it's obligations to it's pay for click affiliates, and it was also listed on numerous blacklists. Almost three years after that post was made, I can not recall any specific search engine results. If you do a Google or Yahoo! search for the words "updated.com". "scam", and "blacklist" I think that you may still be able to find a few results. I found at that time by doing a whois query on updated.com that the domain name's owner was Nicholas Papadopoulos. That information is currently masked from public view, which I find interesting, but that was not the case in September, 2004.

If I have unfairly maligned you, I apologize, but my comments on September 29, 2004 in the dslreports.com security forum were based on a profusion of publicly available information at that time.

Royce Shofner
AKA NetFixer
mailto:dslreports@dcs-net.net


Steve
I know your IP address

join:2001-03-10
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Steve

Isn't "GFY" the proper response here?

NetFixer
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NetFixer

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said by Steve:

Isn't "GFY" the proper response here?
I just want to give NP the chance to publicly defend himself and his company if he so chooses. After all, I do not know him personally, and Google and Yahoo! are not infallible.

BTW, did you clear your response with your attorney?

Blue2
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join:2004-04-14
France

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Absolutely Steve, if you want to provoke litigation and have the mental age of a five year old.

One would think that at the very least the events of the past week would make you think twice before needlessly provoking a confrontation that would easily be avoided by using a modicum of tact and diplomacy, somewhat more befitting a consultant I would think than throwing insults around.

NetFixer's response seemed far more mature and a lot less smart-assed. But you're always welcome to try jabbing Papadopooulos a few times in the eye and report back how it turns out for you.

Steve
I know your IP address

join:2001-03-10
Tustin, CA

Steve

said by Blue2:

Absolutely Steve, if you want to provoke litigation and have the mental age of a five year old.
Anybody asking somebody to edit a 2-year-old post is just being ridiculous (especially since they can start their own thread), but I suppose I could tone it down and suggest "get lost".

Suggesting that this might lead to litigation is way more than silly.

Steve

La Luna
Fly With The Angels My Beloved Son Chris
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I could mention something about public email addresses....but I won't.

Having read the old thread, it seems to me that what you posted was, to the best of your knowledge, correct at that time, information gleaned from publicly available sources. *shrug*

Blue2
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said by Steve:

Anybody asking somebody to edit a 2-year-old post is just being ridiculous (especially since they can start their own thread), but I suppose I could tone it down and suggest "get lost".

Suggesting that this might lead to litigation is way more than silly.

Steve

He did not ask to have the post "edited". He asked for it to be removed. There's a difference. One could imagine that he thought (rightly or wrongly) that the post could be considered libelous, slanderous, or calumnious.

slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit... (See: defamation, fair comment)
»legal-dictionary.thefree ··· /slander

That is why NetFixer's response was a far more intelligent reply that he was merely quoting what he had read and considered "public knowlege".

It doesn't matter two cents what you think, unless you are going to be the judge or pay the legal expenses. I imagine that the statute of limitations for the printed word is longer than two years.

But like I said, don't take my word for this. By all means, if so inclined, go ahead and make a few disparaging comments yourself (Disclaimer: Not to be construed as legal counsel.) and report how it turns out. I for one, would refrain from ever giving legal advice that others might pay dearly for if I were wrong.

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said by La Luna:

I could mention something about public email addresses....but I won't.

I have excellent spam filtering.

norwegian
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join:2005-02-15
Outback

norwegian

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Hopefully NP after requesting removal of a 2 year old post, will actually have something to say here, in this present thread, as it seems nothing has been posted yet. Look forward to any comment, as all of us would.

mers2
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Requesting a thread be removed 2 years after the fact is ridiculous. I wonder if he went after each and every site that commented on the site and the goings on at the time. If he hasn't/doesn't bother to respond here personally I'd tend not to give him much credibility.
m0d
join:2005-03-02
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Good job Netfixer for at least giving him a chance to defend himself in public. Everybody deserves that.

"GFY" really is probably the correct answer for such an old post.

I find it sad how people think that litigation threats can prevent the truth/the opinion of a majority.

Remember that the public judges you and litigation threats just make you seem more dubious to us the majority.

Netfixer even apologized *if* you were actually treated unfairly? Would you care to elaborate on your case?

Name Game
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join:2002-07-07
Grand Rapids, MI

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Dear Mr NetFixer,
You are being requested to removed this picture since you have digitally enhanced the color of this imagine and have used unauthorized filters.
»nature-pics.com/photos/b ··· -007.jpg

We have proof that the " infamous" bird should really be display in this fashion.
»rickay.smugmug.com/photo ··· 18-L.jpg

Unless your Vehicle has been modified or mirrored.
»www.wickedrandom.com/wri ··· ory.html

in·fa·mous
3. Law.
a. deprived of certain rights as a citizen, as a consequence of conviction of certain offenses.
b. of or pertaining to offenses involving such deprivation.

Regards,
Meleagris Gallopavo
Gobblers For You!

NetFixer
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NetFixer

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said by Name Game:

Dear Mr NetFixer,
You are being requested to removed this picture since you have digitally enhanced the color of this imagine and have used unauthorized filters.
»nature-pics.com/photos/b ··· -007.jpg
I swear, I only used a Tiffen 812 warming filter, and the Wolf Camera salesmen assured me that licensing and royalty fees were included in the purchase price.
NetFixer

NetFixer

Premium Member

I don't think that Mr. Nicholas Papadopoulos will be responding to this thread, which is his loss if he truly feels maligned and wants to publicly set the record straight.

This is his most recent email communication to me:
said by Nicholas Papadopoulos :

Dear Mr. Royce Shofner

Please send an email to take the post down and I will follow up with it as you recommended since you made that post.

http://www.dslreports.com/contacts link

I called and asked you in the most polite manner to remove what you wrote about me. I hope you know that I am serious and that you will be responsible for what you stated on that public forum so be prepared to defend your actions in the right forum.

I ask that you dont post anything further or my offer to resolve this friendly without litigation will be withdrawn and then be prepared to hire an attorney to defend your unlawful acts.

You told me people have written bad things about you and or your company and that you don't approve in that conduct. You said you relied on information that you found on the net and I asked you to send it, now you can't find it. You will need all that information and evidence to support your "infamous" statements and if you dont have it be prepared to bare the costs to defend your self and if you loose additional damages and my attorney's fees if applicable by the law.

We never met, we never did any business, I don't owe you anything, you dont know me, and I don't know you so Mr. Royce Shofner you accused me personally and that's NOT right. Consider that if any corporation was unable to pay an electric bill once or twice that doesn’t mean the administrative contact of the domain name of their website is an "infamous" person or do you think it does?

Don't you rather focus on real productive work?

Let me know by Monday or I will call and have my attorney take immediate steps to resolve this in the court of law.

Sincerely,

Nicholas Papadopoulos
This is my response to the above email:
said by NetFixer:

I have done better than sending an email to the administrator of dslreports.com. I have opened a public thread in their security forum (the same forum in which the post to which you object was made). In this new thread I have attempted to explain your objections, and to give you the chance to publicly explain your position in your own words. I strongly suggest that you take advantage of that opportunity. The URL for that thread is http://www.dslreports.com/forum/remark,18208144

Royce Shofner
AKA NetFixer
He also sent an email to dslreports.com and I received a CC of that communication. Since that message was not directly sent to me, I will not reproduce it here. Suffice it to say that it contained a drastically edited version of the reply I originally sent to him.
mike31mets1
join:2004-10-30
Bronx, NY

mike31mets1

Member

Is it really worth the trouble to possibly go to court for something as silly as requesting from the administrators or moderators at DSLreports to remove that post, or the thread altogether?

NetFixer
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NetFixer

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said by mike31mets1:

Is it really worth the trouble to possibly go to court for something as silly as requesting from the administrators or moderators at DSLreports to remove that post, or the thread altogether?
NP has himself officially made such a request to dslreports.com at my suggestion based on the following paragraph of the DSLR TOS:
said by DSLR TOS :

If you believe that material posted is defamatory, obscene or otherwise unlawful, and you are, or represent, the person or entity whose rights are being violated, please contact dslreports.com via this page. Include full details including your contact information and the location of the material, and we will respond.
My ability to do anything about that post is explained quite clearly in this paragraph of the DSLR TOS:
said by DSLR TOS :

Once you post here, your post becomes the property of the site. You have no control over what happens to it from that point onward. It may be deleted, edited or, as with the vast majority of posts, left alone. The decision to post or not, according to these rules, is your own.
I believe that this thread could be considered an adequate implied consent on my part for the management of dslreports.com to edit or delete the disputed posts at their discretion (not that my permission is required or even relevant).

Snowy
Lock him up!!!
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said by mike31mets1:

Is it really worth the trouble to possibly go to court for something as silly as requesting from the administrators or moderators at DSLreports to remove that post, or the thread altogether?
I don't see this as a matter of whether to keep or delete a post/thread. It's a matter of fact vs fiction & Mr. Papadopoulos attempt at rewriting his online public image. The good news is he has played his last card, the litigation card. Mr. Papadopoulos is smart enough to know that at this juncture he must either pass the reins to his attorney or drop the issue. If he chooses to litigate I'll pull up whatever archives Royce needs to defend his position or if Mr.Papadopoulos contacts Royce directly with another threat of litigation I'll suggest that Royce retain counsel for the purpose of initiating litigation against Mr.Papadopoulos for harassment.

btw up to this point both Royce & Mr.Papadopoulos have exercised their civil rights in a proper, responsible manner & deserve respect for that.
klcoll
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PolarBear03
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I'd say "GFY." All you said was "infamous." Ohhhh, infamous. Big whoopdy do.
sirghost
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If, and that is a big IF, this ever goes to court, it will get laughed out of court has he is infringing on your right to free speech. IMHO

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said by Snowy:

...if Mr.Papadopoulos contacts Royce directly with another threat of litigation I'll suggest that Royce retain counsel for the purpose of initiating litigation against Mr.Papadopoulos for harassment.
Nah, that's not my style, but if I get any more middle of the night harassing phone calls from him, I may consider filing a criminal complaint.
said by Snowy:

btw up to this point both Royce & Mr.Papadopoulos have exercised their civil rights in a proper, responsible manner & deserve respect for that.
Actually that ended with his 3:17 AM harassing phone call. I guess his lawyer forgot to warn him that such actions could expose him to criminal prosecution.

mers2
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join:2004-03-20
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mers2

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said by NetFixer:
said by Snowy:

btw up to this point both Royce & Mr.Papadopoulos have exercised their civil rights in a proper, responsible manner & deserve respect for that.
Actually that ended with his 3:17 AM harassing phone call. I guess his lawyer forgot to warn him that such actions could expose him to criminal prosecution.
That is when you employ Steve's advice and tell him "GFY". The man sounds like he's coming unhinged mentally.

N_P
@atlanticbb.net

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Mr. Royce Shofner you have made your case worst than it was, you are drawing attention instead of minimizing your exposure you multiplied it.

Mr. Royce Shofner if you want to resolve this it would take 1 message/20 sec to the Administrator of the board and this issue would be resolved.

Mr. Royce you rather keep us up all night and take up a battle with me and force that I hire an attorney to defend my name? Is that what you want?

Mr. Royce Shofner would you like that when your kids or your wife or your friends visit the web tomorrow that they find 1,000 posts like yours from someone you never met and be asking you to about them?

Mr Royce Shofner we never met, you don't know me, we never had any business. I hope you sincerely and in good faith send a message to the Administrator to edit or delete your posts and parts of this thread.

Sincerely

NP
N_P

N_P

Anon

Your phone number is listed under your business on your website, I called to live a message. I apologize I didnt know you that was your home.
Expand your moderator at work

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Re: Nicholas Papadopoulos and updated.com

said by N_P :

Mr. Royce Shofner you have made your case worst than it was, you are drawing attention instead of minimizing your exposure you multiplied it.
My intent was to draw attention to your objections, and give you a place to set the record straight in your own words. You are free to use that opportunity or not.
said by N_P :

Mr. Royce Shofner if you want to resolve this it would take 1 message/20 sec to the Administrator of the board and this issue would be resolved.
said by N_P :

Mr Royce Shofner we never met, you don't know me, we never had any business. I hope you sincerely and in good faith send a message to the Administrator to edit or delete your posts and parts of this thread.
If you go back and read the post to which you replied: »Re: Nicholas Papadopoulos and updated.com and also the TOS link included in that post, you will see that your email to dslreports.com has already initiated whatever action the dslreports.com management is inclined to take, and that my rights (or more accurately my lack of rights) under that TOS do not permit my to directly do anything about such posts. This thread, which will give you a chance to publicly state your case, is the best I can do to remedy the situation should dslreports.com choose to ignore your request.
said by N_P :

Mr. Royce you rather keep us up all night and take up a battle with me and force that I hire an attorney to defend my name? Is that what you want?

Mr. Royce Shofner would you like that when your kids or your wife or your friends visit the web tomorrow that they find 1,000 posts like yours from someone you never met and be asking you to about them?
I am usually up most of the night, as that is when I get the peace and quiet I need to do programming and web site coding.

Perhaps you should have consulted a lawyer before making what sounds very much like a threat in a public forum.

To summarize, you have an opportunity here to explain why the negative publicity updated.com received in the past was not justified and set the record straight from your perspective, or you can make threats and lower public perception of you and your company.
NetFixer

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said by N_P :

Your phone number is listed under your business on your website, I called to live a message. I apologize I didnt know you that was your home.
My business line rings in my office, but it also rings my cell phone if it is not answered, and my usual practice is to allow late night and weekend calls to go to voice mail where I can check to see if an immediate call back is required. You hung up before I could answer the cell phone, even if I were inclined to do so. You also did not leave a message and most juristictions consider calling in the middle of the night and hanging up to be a harassing call (ask your lawyer if you don't believe me).

Name Game
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Notes and Links from the Grave

Nicholas Papadopoulos and updated.com

»www.webmaster-talk.com/a ··· ing.html
»www.v7n.com/forums/marke ··· ram.html

»www.freewebspace.net/for ··· 028.html
»forums.theplanet.com/lof ··· 6-0.html
»forums.theplanet.com/lof ··· -50.html
»www.geekvillage.com/foru ··· 962.html
»www.geekvillage.com/foru ··· 907.html

»www.updatedsucks.com/cgi ··· 80543807

it's shocking to lose over $8000

Hopefully this info on them helps your lawyers:

Address:
300 South Pointe Drive, Suite 3704
Miami Beach,
Florida, 33139, USA

Domain Name.......... updated.com
Creation Date........ 2001-05-21
Registration Date.... 2001-05-21
Expiry Date.......... 2007-05-21
Organisation Name.... GlobalBell Inc ?????
Organisation Address. 300 South Pointe Dr,
Organisation Address.
Organisation Address. Miami Beach
Organisation Address. 33139
Organisation Address. FL
Organisation Address. UNITED STATES

Admin Name........... Nicholas Papadopoulos
Admin Address........ 300 South Pointe Dr, 3704
Admin Address........
Admin Address........ Miami Beach
Admin Address........ 33139
Admin Address........ FL
Admin Address........ UNITED STATES
Admin Email.......... admin@updated.com
Admin Phone.......... +305.6731339
Admin Fax............

Tech Name............ Nicholas Papadopoulos
Tech Address......... 300 South Pointe Dr, 3704
Tech Address.........
Tech Address......... Miami Beach
Tech Address......... 33139
Tech Address......... FL
Tech Address......... UNITED STATES
Tech Email........... admin@updated.com
Tech Phone........... +305.6731339
Tech Fax.............
Name Server.......... NS1.DNSSRV.NET
Name Server.......... NS2.DNSSRV.NET
»209.85.165.104/search?q= ··· 18&gl=us

Maria
Administration
Updated!

Maria L.
Administration
Updated.com

updatedsucks.com/

klaas
searchpixie.com

also a complaint has been submitted at bbb.org
COMPANY OR ORGANIZATION INFORMATION:

Updated!
300 South Point Drive Suite 3704
Miami Beach, FL United States 33139
(305)673-1339
www.updated.com

COMPLAINT INFORMATION:

Complaint #: 1581330
Complaint Type: General Complaint (not a car maker)
Date Received: 7/26/2004
Primary Complaint Classification: Advertising Issues
Secondary Complaint Classification: Selling Practices
__________________
www.searchpixie.com
Zyniker
Zyniker
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Well, NetFixer, seems you've found a truly special person here. I would have to agree with the earlier poster who mentioned something along the lines of mental instability...

This man has no case. Your previous comments were made based upon publicly available information (not that the pure fact of its being public is relevant in this case) and a reasoned opinion. The legal definition of libel (as this record is 'permanent' and 'published' it is not slander) applies in this case, not the dictionary one. Your statement was not false, therefore, it is by that fact alone not libel. Further, your comment was not made out of malice or with ill intent; again, this disqualifies your statement from categorization as libel.

Even if this man is ill-informed enough to think he can possibly win in court and decides to press legal action, his case will be either dismissed (summary judgement or otherwise) or he will simply lose.

Another thing of concern: his actions up to this point could easily be considered harassment for multiple reasons (the phone call(s) and the threats of legal action are just two of the more egregious items). I would actually say that you have a much better case against him than he has against you.

As a final note: it would greatly benefit this man to either look over his emails before he sends them or invest in a word processor/email program that spell/grammar checks. His butchering of the English language is almost amusing at times. Anyway, the whole situation (while it may be stressful for you [another item to be considered in a case against him]), is fairly amusing. It is simply a case of a man who knows his company was/is unsavoury and is lashing out at those who notice and care to make public their realization. Perhaps he will realize how ridiculous he sounds and how much of a fool he is making of himself with his current actions and simply desist. That would the best option for him, and the most peaceful and logical resolution for you both.
Good luck in this matter.