The reason the mega-meeting.co.uk website changed from a blog to an informtion site

The site in question is purely intended to be an information site. It makes legitimate non-commercial and fair use of the Domain Name under Article 10 of the European Convention on Human Rights, protecting the right to freedom of expression. It operates solely “in tribute to or in criticism of a person” (Mr James Salisbury). It was mainly brought about as a result of existing WiredRed customers and prospects contacting WiredRed and saying that they had received a rather strange telephone call from James Salisbury and asking whether he had now left the employment of WiredRed. The defendant stands by the statements on the mega-meeting.co.uk site regarding Mr James Salisbury and has documentary proof backing up all such statements. It is rather strange that whilst the information is personal, as Mr Stuart Salisbury states, there has not been a single contact from Mr James Salisbury regarding this, i.e. in trying to seek a satisfactory outcome. The defendant would be very happy to meet the Salisbury’s in a court of law, whether Libel or Trademark.

The fact that the Complainant, Mr Stuart Salisbury, does not like the content is neither here, nor there. The fact that Mr Salisbury claims that the whole setting up of Megameeting and employment of Mr James Salisbury as a consultant in a completely innocent manner is utter poppycock. Mr Stuart Salisbury was an IFA (i.e. Independent Financial Advsisor - selling pension plans, mortgages, loans, etc) and had no prior experience in either the computing industry or video conferencing industry, so the assertion that he set up a company and then employed his son as a consultant after his son decided to leave his then present employer, invites derision. There is no doubt that Mr James Salisbury made copies of customer lists and other confidential information belonging to WiredRed. He was foolish enough to inform the CEO of Internet Megameeting LLC that he had such information during his visit to their US premises, accompanied by his father Mr Stuart Salisbury, whilst he was still an employee of WiredRed.

Mr Stuart Salisbury would no doubt remember that he personally approached WiredRed UK Ltd to seek employment for his son James Salisbury upon graduation. Therefore in employing the services of his son James Salisbury as a consultant, he would also be aware that all employees are subjected to an implied duty of confidentiality, even if not expressly provided for in a contract of employment. Mr Stuart Salisbury, as the sole Director of Megameeting UK Ltd, conveniently seeks to give the impression that it was coincidental that James Salisbury decided to prepare confidential information, such as detailed customer reports, and email them to his personal hotmail account prior to tendering his resignation.

Yes, there was a half hearted “promise” not to use the confidential information in their possession that had been stolen from WiredRed. However, the onus on proving that they had continued to use it lies with WiredRed. The prospect of paying many thousands of pounds for further specialist legal advice quite frankly appalled the defendant.

Proposal:

So, in the spirit of “seeking to draw a line under it” and to avoid further obfuscation, the registrant of the domain name mega-meeting.co.uk stated that he would be happy to transfer the domain name to Internet Megameeting LLC under the following conditions:

1. An Independent Auditor to be given full and unrestricted access to the books and records of Megameeting UK Ltd. Financial statements concerning turnover to be confirmed by the Megameeting UK Ltd accountants as accurate and true.
2. Auditor compares all customers and contacts of Megameeting UK Ltd (between the date of incorporation and end of 2nd year of trading) with the customer and contact database of WiredRed UK Ltd.
3. Any contact or customer of WiredRed’s that appears in Megameeting UK Ltd’s books and records to be written to by Independent Auditor with a request that an officer of the company provide a sworn affidavit to the Auditor that he/she or an employee of said company made the initial contact to Megameeting UK Ltd.
4. If there are no companies on Megameeting UK Ltd’s books and records that match a company or contact on WiredRed’s database(s), then the regsitrant (i.e. of the domain name mega-meeting.co.uk) will pay all fees of Independent Auditor and transfer mega-meeting.co.uk domain to Internet Megameeting LLC, immediately on receipt of independent auditor’s report.
5. Should WiredRed be able to produce a sworn affidavit from an officer or principal of any company or organisation that existed on a WiredRed customer or contact database prior to the resignation and final date of employment of Mr James Salisbury, stating that they were first contacted by an employee or consultant of Internet Megameeting LLC or Megameeting UK Ltd or any company, agent or individual acting on the behalf of Internet Megameeting LLC or Megameeting UK Ltd by whatsoever means, then Megameeting UK Ltd will pay all fees of independent auditor.
   
   Furthermore, Internet Megameeting LLC and Megameeting UK Ltd will issue a statement and public apology, signed by their respective CEOs/Directors that will be posted to the www.megameeting.com, www.megameeting.co.uk  and www.mega-meeting.co.uk websites and remain in place for a minimum period of 12 months.


6. For each and every company that fails to provide a sworn affidavit within 30 days of request being made and for each and every sworn affidavit that WiredRed is able to produce as per 5 above, Megameeting UK Ltd will pay to WiredRed the sum of £3,000.

As you will see, this is an entirely fair proposal as there is absolutely no risk to Internet Megameeting LLC or Megameeting UK Ltd, provided that they have not contacted WiredRed’s customers or prospects (i.e. as has been their sole defence so far). That will then be the end of the matter.

Mr Stuart Salisbury's response:

"MegaMeeting UK Ltd are not able to agree to the 6 point settlement proposal you outlined in April 2010. Stuart Salisbury has stated that it is not his intention to be adversarial, but that it may not be practical for MegaMeeting UK Ltd to initiate such a large operation with customers who’s contacts may have changed."

How very apt. . .