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why does nextel suck? Bad phone
service, customer service and billings. I've had a terrible
experience with customer service. I think the employees
are underpaid and undertrained at times. I've even had them
say that they would love to help but aren't allowed or able
to. I've looked all over the net and found others just like
me, I think we'll find more if they have a place to go.
how bad are they? It is of my opinion that they are
bad enough to warrant a website devoted completely to helping
others deal with this company and collecting stories from
customers, whether their stories are good or bad. I also
appreciate any employees who can give posters ideas on how
to solve their problems with Nextel.
who are you and why are you doing this? I'm just
a consumer that feels I've gotten bad customer service and
have been treated horribly by this company and I don't want
this to happen to others, thus this site. I also want to
create an environment where others can tell their tales
about nextel, either how bad they were or how they eventually
won a battle with Nextel.
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IMPORTANT |
all about nextel sucking |
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This
page is all about the legal threats made my Nextel in order
to silence me and the people who post here on the message
boards. Thank you for visiting Nextelsucks.org.
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I was contacted by several news stations, magazines and newspapers
regarding this story. Even Forbes magazine called. They all then
called the Nextel lawyers for comments. I found out from a reporter
at Forbes magazine that they "were not going to pursue legal
action." and that the "letter was sent out by accident
by a piece of software." I was amazed that they would send
me this letter "by accident." but that they would not
have responded to the ACLU letter saying so. Why? Why would they
not respond to it? Oh wait, but they did! SIX WEEKS AFTER they
received the ACLU letter, just two days after the Forbes magazine
employee contacted them, they left a quick message with the ACLU
lawyer saying software accidentily send me the C & D letter.
I'm glad this is all over with and that Nextel has decided not
to stomp on my freedom of speech.
Read the C & D
letter sent to me by Nextel's lawyers
Read
this article written about this website on THEREGISTER.COM (Although
they wrote it as Mr. Hiither, My name is Ty Marie Hiither **hint,
hint**)
Read the
letter the ACLU of Michigan sent on my behalf to the Nextel lawyer
The attachment sent
with the letter by the ACLU
A letter from an Intellectual
Property Law Clinic at the University of San Francisco School
of Law
An
explanation of the C & D letter and the legal issues surrounding
it - done by Harvard Law
I
would like to announce another site that will be coming up as
soon as I have a little time to complete it. The site is will
feature any companies that have attempted to take legitimate consumer
complaint sites or personal websites that are totally non-commercial
sites like my own as well as document past court cases pertaining
to what I feel is reverse domain hijacking. The future URL of
this pro-free speech site will be www.heythatsmydomain.com.
(I'm very behind on developing this site) If you own a sucks site
or another domain that has been threatened with legal action please
let me know. I would like to hear your story and list your site
and your story on my website. Please just write up a short description
of your story and send me relavent links to fuckthat@heythatsmydomain.com
On July 8th, 2003 I received the
letter posted below from a law firm hired by Nextel. They demanded
that I give them my domain nextelsucks.org, just seven days after
I renewed it. They claim I am cybersquatting, diluting their brand
name and confusing consumers that may think this site is somehow
affiliated with Nextel directly. They said I had ten days to transfer
the domain name to them, the domain I have owned for a year and
just paid for again. I
registered this site solely to criticize Nextel, not to make money.
You know, to tell you the truth I'd lost my interest in hating
Nextel a while back and probably would have just let this site
go in a few years. I'd even thought about giving it to another
nextel victim so they too could feel a bit of satisfaction of
getting their story out. But no, Nextel has to go and try to silence
what is obviously my freedom of speech. I have a serious problem
with a large company throwing around threats to silence complaint
sites. I have now contacted the ACLU along with the EFF.ORG and
Public Citizen regarding Nextel and their attempts at silencing
the only big Anti-Nextel site on the internet. The ACLU has contacted
Nextel's lawyers on my behalf. We have not yet received a response.
(07/29/03)
This seems to me to be a case of reverse
cybersquatting or reverse domain hijacking. Look this term
up in google, there is tons of information on this topic. The
Anti-Cybersquatting Consumer Protection Act states that I would
have had to register this domain name in bad faith for me to be
guilty of cybersquatting. They say examples of this are "has
a bad faith intent to profit from that mark", and "in
the case of a mark that is distinctive at the time of registration
of the domain name, is identical or confusingly similar to that
mark". I'm sorry but I don't think anyone intelligent enough
to get online will believe Nextel has something to do with putting
up this site. Past cases of sucks sites have shown that the courts
do not believe a consumer complaint site with the word "sucks"
in it are copyright or trademark infringements. (check cases on
fuckmicrosoft.com,
taubmansucks.com, asdasucks.net)
As long as there is no monetary or commercial use of the site
(and obviously I do not make money from this site, nor advertise
anything, nor link to any commercial sites that make me money,
nor take donations) this sites domain name is legal.
This site is simply a non-commercial consumer critism site. This
site is so clearly anti-nextel that it cannot be construed as
NCI's handiwork. In a past anti-Bally's site the courts said "In
Bally, the court noted that Faber "does not use Bally in
his domain name" and that "even if Faber did use the
mark as part of a larger domain name, such as 'ballysucks.com',
this would not necessarily be a violation as a matter of law"
because
"no reasonably prudent Internet user would believe that 'Ballysucks.com'
is the official Bally site or is sponsored by Bally. Finally,
the court also cited congressional intent to exempt parody and
other non-commercial imitation from the Act.5"
"Nextel's claim will be subject to the defense of "fair
use" under 17 U.S.C. section 107. Federal law accepts
the "fair use" of copyrighted material without prior
consent of the copyright owner for "criticism, comment, news
reporting, teaching, scholarship, or
research."62 Most "complaint" sites can probably
be classified as some form of criticism, comment or parody, all
of which would most likely fall under the fair
use exception."
In a the recent Taubman
case in the US court of appeals where the defendent registered
the five domains “taubmansucks.com”, “shoppsatwillowbendsucks.com”,
“theshoppsatwillowbendsucks.com”, “willowbendmallsucks.com”
and “willowbendsucks.com”, all of which contained
trademarks and copyrights; the courts ruled in favor of the defendant.
"Michkoff, the court said, had no intention to confuse or
deceive consumers, or to make a profit, and therefore his use
of Taubman’s marks was protected by free speech.
As
regards Mishkoff’s use of the five “sucks.com”
domains, the court found that it was “purely an exhibition
of Free Speech.” "
The court also said:
“Although economic damage might be an intended effect of
Mishkoff’s expression, the First Amendment protects critical
commentary where there is no confusion as to source, even when
it involves the criticism of a business.” The court concluded
that restricting Mishkoff’s use of the Taubman marks on
his complaint sites would be no different to ordering him not
to shout “Taubman Sucks!” from his rooftop, and dismissed
the company’s claims."
The company claims that I am violating federal anti-dilution laws.
According to the Federal Anti-Dilution laws I am not violating
a thing "The federal anti-dilution statute itself provides
only a partial safeguard against the danger that large corporations
will use the statute to insulate their products' images from effective
criticism. The statute does not apply to "noncommercial use"
of a mark. 15 U.S.C. § 1125(c)(4)(B) (1996)." Again,
as this site does not make money or link to any business of mine
this is a non-commercial complaint site.
Please lets stop these big companies
from thinking they can just step on the little people! Email Nextel
and let them know that you believe in freedom of speech! Post
about this story on message board, submit to news sites and duplicate
it (you have my permission!) on your online journals, your websites!
Link to my site at www.theyreallysuck.org! Every consumer has
a right to complain about a service or a company!
I've contacted dozens of organizations that offer free legal assistance
for issues regarding freedom of speech, civil rights and online
rights. All of them say I'm in compliance with the laws.
If we lose freedom of speech in America because the big companies
that operate here, what will we have left? We are guaranteed by
law to be able to voice our opinions yet in this letter they seem
to disregard this completely. They don't seem to mind saying I'm
cybersquatting, when in fact what I'm doing is protected under
the very acts/laws they are citing in their
letter!
They seem to claim that YOU, the web surfer, the consumer, are
so ignorant that you would believe this site is somehow associated
with their company! This isn't just about my site, my domain,
but about all the companies that believe it's okay to bully consumers
into silence.
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NOTE:
This site is in no way affiliated with Nextel, Nextel
Communications, or Nextel.com.
Since June 07, 2002
This counter will only count an IP once per day
Legal Stuff
First
Amendment Rights:
This site is classified as a noncommercial,
nonprofit consumer advocacy site. This is permissible via the First
Amendment to the US Constitution; specifically, the freedom of speech
and expression. This site provides a forum for the general populace
to voice their opinions and experiences regarding the subject matter
at hand. The operator assumes no liability for the actions or statements
of the posting party(s). (more info on first
amendment/freedom of expression)
Use of Trademarks & Copyrights:
The fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords or
by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of copyright.
(Information on the Fair
Usage Clause in United
States Copyright Laws )
Choice-of-Law:
In necessary instances, any and all legal
matters shall be exclusively litigated under the US State of residence
of the site operator(s).
General:
All materials presented within the site
are contributed voluntarily by the posting individual(s). The materials
contained and opinions expressed are not necessarily those of the site
operator(s). Information presented should be considered "as observed
by, and to the best knowledge of, the posting party(s)", and not as
a statement of fact.
Communications, E-mail, & Confidentiality:
When a user sends an e-mail or other
form of communication (including but not limited to Phone, Message,
Beeper messages, regular mail, chat, etc.) it (The e-mail or other form
of communication) becomes the Intellectual Property of the site's operator,
and may, or may not, be documented and publicly posted for general inspection,
at the site operators discretion. Any E-mail sent may or may not
have all header and identifying information removed, depending upon
the nature of the message. (Any slanderous or otherwise offensive materials
may very well be relayed with the originating E-mail address attached).
The identities of message originators whose header information has been
removed will not be revealed to anybody unless ordered by a Court of
Law. Unless those messages are deemed to be, at the webmaster's discretion,
to be a Pro-Nextel Comment. Then the e-mail address and any headers
may be included. No link will be provided to the poster(s) e-mail
address, it simply will NOT be removed. Webmaster is not responsible
for any spam (unwanted e-mails) that results from this new policy.
By sending a Pro-Nextel comment the sender is agreeing to these terms.
The owner will at no time reveal the identification of individuals posting
on this site (or communicating with through some other form of communication)
either directly or indirectly unless ordered to do so by a court of
law, unless the poster sent a Pro-Nextel comment which will have the
header information intact. This is protected by the First
Amendment and will be enforced to the best of the Site Operators
ability....
Content of the Communication will be the liability of the sender, as
will any consequences of willfully, purposely providing false, misleading,
or fraudulent information. The site operator merely provides the forum
for which others may post their opinions, experiences, etc. This
includes all forms of communications, such as but not limited to --
E-mail, Phone, Answering Machine Messages, Beeper Messages, regular
mail, chat, and any other form of communication. Once
again, Content of the Communication will be the liability of the
sender, as will any consequences of willfully, purposely providing false,
misleading, or fraudulent information. The site operator merely provides
the forum for which others may post their opinions, experiences, etc.
NOTE: This site is in no way affiliated with Nextel,
Nextel Communications, or Nextel.com. |
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