Greetings Balanced Mary Kay Readers,
I suspect that what I am about to share with all of you will come as no surprise to most of you. Nonetheless, I have chosen to be completely transparent with all of you, my readers, about what is going on.
I am, unfortunately, faced with a dilemma. This dilemma involves deciding between doing what I know is right and risking a legal battle that would most likely be awarded to whoever has more time and money – or – allowing something I know to be wrong to prevail in order to “play by their rules” and stay safely away from the potential of facing frivolous litigation. Unfortunately, thanks to the way our law is currently written, right and wrong will probably have less to do with this decision than money and time. As the adage goes, “The golden rule prevails, the one with the most gold makes the rules”.
As most of you are aware, at 12:01 AM (PDT) Friday, September 26, 2008 I posted a screenshot of PinkTruth.com’s most recent attack on Mary Kay. The intention of posting this image, naturally, was to allow discussion about the claims represented in that post. I also explained that I would make every effort to provide similar images on a daily basis.
Shortly after 9:00 AM (PDT) Friday, September 26, 2008 I received the following email:
from Pink Truth pinktruth@gmail.com
to This information removed because a private email address that has never been posted on this site was used to deliver this message to me.
date Fri, Sep 26, 2008 at 9:04 AM
subject Copyright infringement
mailed-by gmail.com
It's come to my attention that you're taking screenshots of pages of Pink Truth material and posting it for Balanced Mary Kay readers. That's a copyright violation, as I own the rights to the material and have not given you permission to post it. Please remove the infringing material immediately, and in the future, refrain from using PInk Truth's content without my express permission.
Now a few notes about this.
First of all, I am not an attorney, and I don’t claim to have a full grasp on copyright law.
Second, keeping the above in mind, I am
extremely confident that this use of screenshots is
NOT a copyright violation.
However, because of the first statement, and because I have not
yet received legal counsel about this, I have chosen to err on the side of caution.
It is unfortunate that the people spreading lies about Mary Kay, ironically on a website with the name “truth” in the title, are so afraid of any scrutiny of their assertions that they would resort to ambiguous and unsubstantiated threats about “copyright infringement” to prevent their lies from being exposed.
I do not take kindly to being manipulated.
I firmly believe that Pink Truth is spreading malicious lies about Mary Kay.
I wholeheartedly intend to find a way to expose their lies for what they are.
I will, starting immediately, begin looking for the solution to this problem.
In the meantime, I ask for your patience.
I also would ask that – if you have any knowledge on this subject or could offer legal advice, recommendations or potential safeguards to consider – you contact me at balancedmarykay@gmail.com
Balanced Mary Kay will continue offering the pros and cons, the good and the bad of Mary Kay. As always, all are welcome to participate and we welcome everyone’s opinion. Please keep in mind that we
STILL do not allow opinions to be expressed as facts… even if doing so is necessary for your “style” of self expression.
Now, what do you think about this?
It is obvious that
someone from Pink Truth is reading this site. What would you like to say to them?
Someone claiming to own the “rights to the material” on Pink Truth is suggesting that using an image of their work for the purpose of criticism (as I have done) is “a copyright violation”. However, I think that the
U.S. Copyright Office – Title 17, U. S. Code, Section 107 clearly disagrees. What do you think?
In my opinion, this feature is important. Possibly crucial. Do you agree? Is this worth putting the energy into? Should I just give in, roll over and allow them to continue spreading vicious lies about Mary Kay unchecked? What do you think?
I know that some of you have not yet created a profile. I am sorry for the inconvenience, but I hope that you will take this opportunity to log in and weigh in on this important decision.
Thank you all for your support and continued patience.