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TweetPhoto Update: Wilson Sonsini Threatens

Who would've thought Wilson Sonsini would threaten a blogger?

They're famously smart people who've contributed hugely to the success of Silicon Valley and the venture capital industry, so why would they kick sand in my face over a split-up at TweetPhoto? Read their complaint below.

Of course, the whole issue is a joke. How do you remove a podcast from the internet?

Whoever mwaters@wsgr.com is, he opened/forwarded my email announcement to 82 recipients, each of which could have downloaded the show. Doesn't he know? There's no getting the toothpaste back into the tube. Can you imagine? News of this development has my twitter account buzzing. Read their Cease & Desist for yourself then post a comment if you care to support my rights:

Re: Interview with Dan Caulfield Posted November 16, 2009

Dear Mr. Peters:

We represent TweetPhoto, Inc. ("TweetPhoto" or the "Company"). It has come to our attention that during the course of your recent interview with Dan Caulfield, Mr. Caulfield breached numerous continuing legal obligations that he has to TweetPhoto, including his obligations not to disclose the Company's confidential and proprietary information.Mr. Caulfield had access to, and was entrusted with, intimate knowledge of the Company's confidential and proprietary information, including, but not limited to, its financial information, fund raising efforts, customers, employees, business strategy, sales and marketing information, products, and other information pertaining to TweetPhoto, which is not publicly available. TweetPhoto considers such information to be highly confidential and proprietary.

Further, the interview posted on your website contains numerous factual inaccuracies and disparaging statements from Mr. Caulfield that TweetPhoto is concerned were made in an effort to harm the economic prospects of TweetPhoto and may constitute a violation of the laws prohibiting unfair competition, defamation, as well as tortious interference with contractual relations and prospective economic advantage.

The Company is concerned that the reproduction of your interview with Mr. Caulfield on your website will substantially damage TweetPhoto and TweetPhoto will not hesitate to enforce its rights against any person contributing to this damage. Accordingly, on behalf of TweetPhoto, we hereby demand that you immediately disable and remove any link, transcript or any other reproduction of your interview with Dan Caulfield from your website - http://thefrankpetersshow.com.

Please confirm your intentions by no later than November 18, 2009.

Please contact me immediately if you have any questions. All future correspondence and other communication regarding this matter should be directed to my attention.

Sincerely,

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

Daniel R. Koeppen
12235 El Camino Real, Suite 200
San Diego, CA 92130
Phone | 858-350-2393
dkoeppen@wsgr.com

Comments

gregory

@FrankPetersShow Good for you ignoring the C&D. Be sure to post it to http://www.chillingeffects.org

Frank: Good idea. I just did

This will never hold up in court thanks to the First Amendment.
The problem is internal to TweetPhoto - you simply reported the news directly from the company's CEO.

Contact SDNN.com and have them write a story about this. The more it's covered in the news the better.

entrep_thinking rt @FrankPetersShow Crazy TweetPhoto Saga: Threaten bloggers? http://bit.ly/26DFta Downloaded podcast - Frank's got a GREAT show re angels!

Aah, Sticks and Stones ... offer TweetPhoto an interview and an opportunity to make their rebuttal, to be posted next to Caulfield's.

If they are smart, they'll realize that's better than this becoming a story about TweetPhoto and Wilson Sonsini bullying instead of what Caulfield had to say.

Great intro, but are they really threatening? Sounds like they are just protecting their client's interests as they are required to.
That said, I encourage you to continue your actual exercise of the First Amendment. To paraphrase the article, if I were still in the Army I would put you in for an Achievement Medal for excellence in reporting what's really going on.

     
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