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Pixiq Refusing to Migrate Public Usernames in PINAC Transfer Under "Privacy Policy"

pixiq_logo.jpg

With less than a week before the termination of my contract, Pixiq is refusing to migrate the usernames of readers who have left comments on my blog, claiming it would be a violation of its privacy policy.

It is an absurd notion considering these usernames were left on a public forum by the readers themselves, but apparently Pixiq is doing all it can to retain as much as ownership as it can over my blog.

One reader vowed to file a class action suit against Barnes and Nobles, the company that owns Pixiq, over copyright violations regarding the comments.

At first, Pixiq was asking me to sign a document, which stated that the migration of my blog would not include a single comment because of its privacy policy.

But when I protested, Pixiq attorney Gillian Berman said they would make an exception in my case and migrate the comments, but turn every username into “anonymous,” which would make every single comment over the last two years appear to have been left the same person.

Pixiq, in fact, did the same thing with the existing comments when I signed on with them two years ago, but that was done without my knowledge or approval.

I only realized this was done after the transition has been completed and I just figured it was a result of some technical glitch that did not allow the readers’ usernames to transfer.

But now that I realize they have the ability to transfer the usernames, only they are choosing not to under the company’s privacy policy, I am prepared to take the issue to court.

After all, the contract makes no mention of withholding comments or usernames upon migration.

Under the “ownership” provision, the contract mentions that “all personally identifiable information collected from the site is governed by Sterling’s Privacy Policy, and Sterling shall have no obligation to provide Blogger with any such information. As between Sterling and Blogger, Blogger shall retain the copyright in the Materials provided by Blogger to Sterling, subject to Sterling’s rights in such Materials as set forth herein.”

And under the “termination” provision, the contract mentions that “if either party terminates this agreement after six full months of blogging Pixiq agrees to migrate Blogger’s blog back.”

There is some obvious ambiguity in the contract, which means a court should rule in my favor, considering Pixiq drafted the contract.

According to U.S. Legal:

A contract is ambiguous when it is uncertain what the intent of the parties was and the contract is capable of more than one reasonable interpretation.  Sometimes ambiguous terms can be explained by the admission of parol evidence.  Also, Courts abide by the rule that an ambiguous contract is interpreted against the party who drafted it.  In other words, the party who did not draft the contract will be given the benefit of the doubt so to speak.

In our email exchanges, Berman has stated that some readers used their real names in their usernames, which is why it would fall under the privacy policy.

However, under the privacy policy, which is listed on the site, Pixiq reminds readers that any information they post on a public forum is anything but private. 

Posting a blog, or participating in an online interactive community

You may choose to submit or post information as part of a blog or online interactive community. Because any information you choose to post will be available on the internet, we can make no assurance that others will not use, or misuse that information.

The privacy policy also insinuates that the “personal information” obtained is not information that is posted on a public forum. 

Creating an online account

You can create a password-protected Barnes & Noble.com account to complete your online order, to register your Device or other electronic reading device(s), to purchase or download eBooks, digital magazines, digital newspapers, digital journals and other periodicals, blogs, other digital content (“Digital Content”) or Barnes & Noble’s eReader Software, to save items to an online Wish List, or to join a Barnes & Noble.com, Pixiq.com, or LarkCrafts.com online interactive community. You can also create a password-protected SparkNotes.com or ecosystemlife.com account. To create any of these accounts, we will ask you to provide us with personal information. If you use your online account to make a purchase or download, we will use the personal information stored in your account and/or require you to input additional personal information, such as credit card information, to complete your order or download.

And while Pixiq is making a big hoopla over protecting its privacy in refusing to migrate publicly posted usernames, it has no issues sharing the personal information you did not make public with law enforcement agencies, credit card companies and third-party contractors.

The contract states that all disputes must be settled in a New York City courtroom, but that’s pretty much a two-and-a-half hour commute from Miami.

Meanwhile, PINAC reader Christopher Jahn is trying to round up other readers for his class action suit.

Pixiq has an idiot for an attorney. Reader comments on a blog are copyright protected and federal and international copyright law, which has the precedence here, dictates that attribution MUST be attached; she’s an idiot to claim otherwise. And I will sue the pants off of Pixiq if my comments are transferred without proper attribution according to federal and international copyright law. And PLEASE make sure she reads my comments here.

And if anyone else wants to protect their copyright in this matter, please contact me so I can start assembling a class action suit against Pixiq and Barnes & Noble. And if it gets that far, I will contact Barnes & Noble to suggest they file a malpractice complaint against this attorney, whoever she is.

The contract officially ends September 16, which means by the 17th, Photography is Not a Crime will no longer be hosted on Pixiq.

I’m hoping to have the new site up by September 20, which is when the company working on the new redesign is hoping to have it done.

As always, the site can always be accessed through http://carlosmiller.com or http://photographyisnotacrime.com.

My trial for my latest arrest is scheduled for September 19.


 

Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

Facebook PINAC Page

You can keep up with my stories by friending me on Facebook or following me on Twitter and/or Google + or by liking the PINAC Facebook page.

cloudfront image

Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.

pixiq_logo.jpg

With less than a week before the termination of my contract, Pixiq is refusing to migrate the usernames of readers who have left comments on my blog, claiming it would be a violation of its privacy policy.

It is an absurd notion considering these usernames were left on a public forum by the readers themselves, but apparently Pixiq is doing all it can to retain as much as ownership as it can over my blog.

One reader vowed to file a class action suit against Barnes and Nobles, the company that owns Pixiq, over copyright violations regarding the comments.

At first, Pixiq was asking me to sign a document, which stated that the migration of my blog would not include a single comment because of its privacy policy.

But when I protested, Pixiq attorney Gillian Berman said they would make an exception in my case and migrate the comments, but turn every username into “anonymous,” which would make every single comment over the last two years appear to have been left the same person.

Pixiq, in fact, did the same thing with the existing comments when I signed on with them two years ago, but that was done without my knowledge or approval.

I only realized this was done after the transition has been completed and I just figured it was a result of some technical glitch that did not allow the readers’ usernames to transfer.

But now that I realize they have the ability to transfer the usernames, only they are choosing not to under the company’s privacy policy, I am prepared to take the issue to court.

After all, the contract makes no mention of withholding comments or usernames upon migration.

Under the “ownership” provision, the contract mentions that “all personally identifiable information collected from the site is governed by Sterling’s Privacy Policy, and Sterling shall have no obligation to provide Blogger with any such information. As between Sterling and Blogger, Blogger shall retain the copyright in the Materials provided by Blogger to Sterling, subject to Sterling’s rights in such Materials as set forth herein.”

And under the “termination” provision, the contract mentions that “if either party terminates this agreement after six full months of blogging Pixiq agrees to migrate Blogger’s blog back.”

There is some obvious ambiguity in the contract, which means a court should rule in my favor, considering Pixiq drafted the contract.

According to U.S. Legal:

A contract is ambiguous when it is uncertain what the intent of the parties was and the contract is capable of more than one reasonable interpretation.  Sometimes ambiguous terms can be explained by the admission of parol evidence.  Also, Courts abide by the rule that an ambiguous contract is interpreted against the party who drafted it.  In other words, the party who did not draft the contract will be given the benefit of the doubt so to speak.

In our email exchanges, Berman has stated that some readers used their real names in their usernames, which is why it would fall under the privacy policy.

However, under the privacy policy, which is listed on the site, Pixiq reminds readers that any information they post on a public forum is anything but private. 

Posting a blog, or participating in an online interactive community

You may choose to submit or post information as part of a blog or online interactive community. Because any information you choose to post will be available on the internet, we can make no assurance that others will not use, or misuse that information.

The privacy policy also insinuates that the “personal information” obtained is not information that is posted on a public forum. 

Creating an online account

You can create a password-protected Barnes & Noble.com account to complete your online order, to register your Device or other electronic reading device(s), to purchase or download eBooks, digital magazines, digital newspapers, digital journals and other periodicals, blogs, other digital content (“Digital Content”) or Barnes & Noble’s eReader Software, to save items to an online Wish List, or to join a Barnes & Noble.com, Pixiq.com, or LarkCrafts.com online interactive community. You can also create a password-protected SparkNotes.com or ecosystemlife.com account. To create any of these accounts, we will ask you to provide us with personal information. If you use your online account to make a purchase or download, we will use the personal information stored in your account and/or require you to input additional personal information, such as credit card information, to complete your order or download.

And while Pixiq is making a big hoopla over protecting its privacy in refusing to migrate publicly posted usernames, it has no issues sharing the personal information you did not make public with law enforcement agencies, credit card companies and third-party contractors.

The contract states that all disputes must be settled in a New York City courtroom, but that’s pretty much a two-and-a-half hour commute from Miami.

Meanwhile, PINAC reader Christopher Jahn is trying to round up other readers for his class action suit.

Pixiq has an idiot for an attorney. Reader comments on a blog are copyright protected and federal and international copyright law, which has the precedence here, dictates that attribution MUST be attached; she’s an idiot to claim otherwise. And I will sue the pants off of Pixiq if my comments are transferred without proper attribution according to federal and international copyright law. And PLEASE make sure she reads my comments here.

And if anyone else wants to protect their copyright in this matter, please contact me so I can start assembling a class action suit against Pixiq and Barnes & Noble. And if it gets that far, I will contact Barnes & Noble to suggest they file a malpractice complaint against this attorney, whoever she is.

The contract officially ends September 16, which means by the 17th, Photography is Not a Crime will no longer be hosted on Pixiq.

I’m hoping to have the new site up by September 20, which is when the company working on the new redesign is hoping to have it done.

As always, the site can always be accessed through http://carlosmiller.com or http://photographyisnotacrime.com.

My trial for my latest arrest is scheduled for September 19.


 

Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

Facebook PINAC Page

You can keep up with my stories by friending me on Facebook or following me on Twitter and/or Google + or by liking the PINAC Facebook page.

cloudfront image

Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.

More in PINAC News