Wantlist forum: attention: important! please read!

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May 25, 2010 10:35 PM CST
Name: Tami Smith
Valdosta, GA
Zone 8b
This is a copy of a message that Dave posted about the possible closing of Cubits on Friday, May 28, 2010. Please pray for a positive outcome. My email address is [email protected] but this will change once this one is shut off. Please send me your personal email address so I can notify you of my new one and so we can keep in touch until we can be together again. I will be offline for a while until we get the internet hooked up at the new place. I will try to get on here tomorrow to get everyone's email before or if Cubits goes offline Friday.

From Dave:

"I received a letter from Internet Brands today, and it was a cease and desist.

My employment agreement with NameMedia says many things, among them that I won't compete with NameMedia for a certain length of time. My doing cubits.org can easily be seen to be a competitor of Dave's Garden, but this is no problem because DG is no longer owned by NameMedia.

So, I'm not competing with NameMedia since DG is owned by someone else now. I have been very clear and public with this position. I even posted several times on DG that I do not feel like I am obligated to not compete against DG and that position was never challenged until today.

The letter from IB, however, claims that my employment agreement with NameMedia has been assigned to IB and that my agreement is with them.

Now, that's possible, but I had never been notified until today that this was the case.

They are telling me that I must shut down cubits.org by this Friday or else they will bring a lawsuit against me. They say that: "If you do not comply, we intend to pursue you for all damages you have caused, which based on our initial review of the matter appears to be well in excess of $1,000,000."

I have a call in to NameMedia as well as the general counsel at IB, to get confirmation that my employment agreement was indeed assigned over to IB. If it was in fact assigned, then there's nothing I can do and I will have to shut down cubits.org per their demands.

I think we should all prepare for the worst. I think that in the end of the day, big business is going to win and the rest of us are going to lose."

I'll try to keep you all posted.

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