Information Request on C. Masse

[David Swarts]

Greetings-

 

This message concerns certain activities of Chris Masse through his blog of which some of you might be aware. I have been retained as legal assistant by a client who plans to bring various charges against Mr. Mass.

 

Having reviewed his comments, I find my client might not be alone in his concerns. I therefore seek additional information to assess the potentials to strike a class action suit (or similar according to French laws) against the aforementioned individual through our legal partners in France.

 

While France respects freedom of speech it takes charges of defamation and privacy seriously. Grounds of defamation in France are the following: allegations or imputations, falsifying specific and precise facts, attacks to honor or reputation, identification of particular individuals, publication, and bad faith.

 

If you think you have been a victim of defamation based on above grounds or share other grievances because of Mr. Masse’ commentary, please contact me with explanation of your concern, its effect upon you or your business, together with pertaining URL.

 

All discussion will be confidential.

 

Regards,

 

David Swarts

[mat.f...@gmail.com]

Dear Prediction Market Peers,

I believe Chris Masse provides a valuable service to the prediction
market community and it is not in the spirit of our industry to
prosecute his reporting.

He diligently covers ANY news in the PM space, and his community blog
is the most visited site related to this space. His style is
bombastic, and at times rather muck raking, but that is his way. For
those who do not value his style, there are more balanced alternatives
available. While I do not always agree with his opinion, I defend his
right to express it freely and openly.

Prediction markets are about free flowing information and balancing
viewpoints from diverse sources. Chris is an important source of
industry news for me and my team, and if Chris were to stop blogging,
it would be a great shame.

Kind regards,

Mat Fogarty
CEO Crowdcast

[Nigel Eccles]

All,

I completely concur with Mat on this one. Chris diligently reports on every snippet of news about prediction market industry. Why he does it I still can't figure out. He certainly doesn't get any financial benefit out of it and I've always thought a quick way for him get 10x more readers is to write about celebrities instead.

He has written stuff in the past about me that I wasn't too fond of but every blog post offers up the opportunity to reply. Whoever is starting this action should use that and not waste their time and money on a pointless legal action.

Nigel

CEO of Hubdub

--
CEO and Co-founder
http://www.hubdub.com
t: +44 7515 450 717

[Russ Andersson]

There is no question that Chris has done an excellent job of pulling together a wide variety of information on the PM space. His site is encyclopedic in its breadth. Its excellent in numerous ways.

On the one hand he offers a compelling service and often has interesting insights and data points.

On the other hand he has personally criticized me (which is fine, I don't care), he has personally attacked several friends of mine in the community (which I object to more fervently). At times these attacks have been unnecessarily juvenile and petty. AND most importantly has has posted my outdated picture without my consent. (A picture my mother doesn't like because it makes me look fat!). i doubt any of this is illegal but its unpleasant. At times Chris appears shrill and unreasonable, which is a shame because he is clearly a thoughtful, talented and insightful guy.

Frankly, I am not surprised he is being sued. He has been running his mouth for several years now.

Chris should knock off the personal attacks on members of the community. Its uncalled for and unnecessary. He is better than this and should rise above it. I respectfully suggest that he should focus on doing the things that he does extremely well. He has a great product that he easily can improve by a more balanced approach.

Hopefully this dispute will be amicably resolved. The parties to the matter are likely to be reasonable and I hope it ends well for all concerned.

Should we have one of the vendors on this community run a market on if Chris will settle or the matter will be resolved in court? I hope its the former, I would bet on the later.

[Alexander Rautenberg]

This is quite clearly some sort of joke. No office address, or even town or country? What law firm do you work with? "Class action ... or similar according to French laws", so what's that called in French law, then? A yahoo e-mail address? Please stop wasting our time, which you might get sued for under Mongolian tort law.

---

From: "David Swarts" <david.s...@yahoo.com>
Sent: 24 April 2009 12:40
To: Predictio...@googlegroups.com
Subject: Information Request on C. Masse

[David Pennock]

I couldn't agree more with Mat and Nigel.

Chris provides an invaluable service that would be a terrible shame to
lose and difficult to replace. He is able to find newsworthy items in
the most obscure places and bring them to the community's attention. I'm
constantly learning interesting and important information from his blog
and portal. He is passionate, tireless, hard working, effective, and has
been at this for years without compensation.

His style is snarky, a style than pervades the blogosphere for better or
for worse. Actually, he has become less snarky over time I believe. His
right to express his opinion should be preserved.

To silence him by (threat of) lawsuit, beyond being a violation of free
speech, is an affront to the open principles of the Internet. Such
action seems vindictive, closed minded, and backward. Talk about
juvenile behavior. David, are you really serious or is this a joke? I
can only hope whoever is behind this reconsiders.

regards,
Dave

Nigel Eccles wrote:
> All,
>
> I completely concur with Mat on this one. Chris diligently reports on
> every snippet of news about prediction market industry. Why he does it I
> still can't figure out. He certainly doesn't get any financial benefit
> out of it and I've always thought a quick way for him get 10x more
> readers is to write about celebrities instead.
>
> He has written stuff in the past about me that I wasn't too fond of but
> every blog post offers up the opportunity to reply. Whoever is starting
> this action should use that and not waste their time and money on a
> pointless legal action.
>
> Nigel
>
> CEO of Hubdub
>

> On Fri, Apr 24, 2009 at 1:57 PM, m...@xpree.com <mailto:m...@xpree.com>
> <mat.f...@gmail.com <mailto:mat.f...@gmail.com>> wrote:
>
>
> Dear Prediction Market Peers,
>
> I believe Chris Masse provides a valuable service to the prediction
> market community and it is not in the spirit of our industry to
> prosecute his reporting.
>
> He diligently covers ANY news in the PM space, and his community blog
> is the most visited site related to this space. His style is
> bombastic, and at times rather muck raking, but that is his way. For
> those who do not value his style, there are more balanced alternatives
> available. While I do not always agree with his opinion, I defend his
> right to express it freely and openly.
>
> Prediction markets are about free flowing information and balancing
> viewpoints from diverse sources. Chris is an important source of
> industry news for me and my team, and if Chris were to stop blogging,
> it would be a great shame.
>
> Kind regards,
>
> Mat Fogarty
> CEO Crowdcast
>
>
>
>
>
>
> On Apr 24, 12:36 am, David Swarts <david.swart...@yahoo.com

[Emile Servan-Schreiber]

Perhaps this is our man: http://www.sullcrom.com/swartsdavide/
Hey, David, is this you ?

--
Emile Servan-Schreiber
CEO, NewsFutures Inc.
http://www.newsfutures.com
Tel US: +1 (443) 321-2700
Tel EU: +336 1804 3404
Fax: +1 (978) 383-1065
Email: ej...@newsfutures.com

*** THIS DOCUMENT CONTAINS CONFIDENTIAL PROPRIETARY INFORMATION OF NEWSFUTURES, INC. ***

[Alexander Rautenberg]

It might be worth sending an e-mail to <swa...@sullcrom.com> to make him aware that this e-mail is circulating here under his name. Could a group admin take this up and we just end this thread?

---

From: "Emile Servan-Schreiber" <ej...@newsfutures.com>
Sent: 24 April 2009 16:00
To: Predictio...@googlegroups.com
Subject: Re: Information Request on C. Masse

[Emile Servan-Schreiber]

Greetings Mr. Swarts,

On behalf of the Prediction Market Industry Association, owner of the Prediction Market Google Group to which the message below was sent, I am writing to ask if you are the person seeking information about Mr. Chris Masse. The anonymity of the Yahoo.com address that was used to send this message leaves us uncertain about the authenticity of this strange request.

Emile Servan-Schreiber
PMIA.org

[JT Maloney]

Hi –

 

As group creator and moderator, it makes sense to comment on this request.

 

When it came through, it was allowed even though there was a suspicious that it might be fraudulent. In any event, comments on the industry discourse are always welcome. The follow-up comments were expected too.

 

Without commenting on the merits of the issue or request, it is fair to say free speech is essential. That is both the free speech in question AND the rights of anyone to pursue any remedy he wishes for his clients. Both are equally protected. To be dramatic, we don’t need to agree with what is said, but will defend to the death the right to say it!

 

Meanwhile, as we see by some ridiculous replies, there are fanboys out there that have a passion and appetite for lurid blogs and so much PM smut. Hard to determine which is more puerile - the authors… or the readers of all the liquid manure.

 

Anyway, juvenile jive blogs have no impact to your w/w PM and CI communities, clusters, collaborations, conversations, networks and stakeholders. These robust networks depend on emergence, self-organization, value, advancement and outcomes. They exist because you want them to exist.

 

On the stark contrary, vendors, suppliers, consultants and others bringing forward products, services and innovations to the marketplace should be very concerned with the impact to reputations, product cycles and business development of savage insults, freakish pap and goofy monologues in the PM/CI industry discourse.          

 

We know ‘all publicity is good publicity’ except when it rises to the level of legal offense. Others are better equipped to make that determination.

 

Cheers,

 

John  

 

[Emile Servan-Schreiber]

I think it is unfair and inaccurate to reduce Chris' blog to "lurid PM smut". As the "fanboys" - is that an insult? - have pointed out, it does provide a valuable service to the whole industry, despite the sometimes overly personal angle. In short, we're lucky to have a passionate blogger among us even if it means a dose of occasional discomfort and embarrasment. At least, his opinions, praises and attacks are overt. He's not hiding behind anyone. This contrasts sharply with the cowardly anonymous attacks he has recently been the victim of, including this latest pseudo-legal threat through an anonymous Yahoo email account who supposedly represents some lawyer representing some client. In my opinion, the fact that "whoever"' is fishing for information is proof that they have nothing serious to threaten Chris with. It's pathetic.

--Emile

[mike....@us.pwc.com]

Would like to propose an idea/suggestion.  

Lets use this mailgroup to form an 'informal prediction market' on what we should do with this topic of the "Information Request on C. Masse".

Those who would like to move on; lets do so and ignore this request.

Those who would like to continue to discuss it; keep bringing it up.  

If it is a 'real topic' then we can/should sort it out (possibly in another googlegroups set up specifically for the "Information Request on C. Masse" purpose).   If it is not, then we should get back to the business of prediction market discussions and insights.  

Just an idea/suggestion.

Emile Servan-Schreiber <ej...@newsfutures.com> Sent by: Predictio...@googlegroups.com 04/25/2009 12:31 PM Please respond to Predictio...@googlegroups.com "Reply to All" is Disabled

To Predictio...@googlegroups.com cc

Subject Re: Information Request on C. Masse

 

Cheers,

 

John  

 

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[JT Maloney]

Hi –

 

The responses from some people on this thread sound a lot like Stockholm Syndrome.

 

Remember, what you read or rip or don’t read or rip is your business. So is your opinion. Besides that, no one is suggesting not reading CFM nor is anyone recommending, endorsing CFM. If CFM creates legal and other grief or problems for himself, that is his business.

 

We all agree a ‘rising tide lifts all boats’ and independent blogs can make some contribution. However, at the same time, no one needs to endorse and endure unfair insults, ad hominem argument and crude attacks.

 

Remember, there is no attempt to reduce or elevate anything. Fact: CFM is often callow, lurid and vulgar. Period. That doesn’t reduce or elevate, it just is what it is. Some fanboys have an appetite for it and think it is real cute and nifty; other people may not have the same opinion. That’s all. No biggie.

 

Finally, allow me to describe exactly the dynamic in play, since it has been seen before many times in the technology adoption lifecycle (TALC). Prediction markets are in the throes of sharp growth and mutation. Because of this success, the small coffee shop stage enjoyed by the early evangelists and opinion leaders like CFM has turned into a gigantic coliseum with thousands of simultaneous voices. There are dozens of other PM/CI blogs and hundreds of mentions every week. Even venerable IBM is taking steps towards a PM practice...

 

This diffusion, growth and technology pull-thru unnerves the early advocates since their voice simply gets drowned out. Because these early exponents can be craven and clinically narcissistic as we have seen, their motor response is to lash out uncontrollably. Growth and success simply means they do not have the megaphone anymore. Their once closely held specialty and curious backwater is now fully mainstream. It is always ironic, counterintuitive and sometimes pathetic, since often it’s the hope for growth and diffusion that motivates them in the first place!

 

Specifically, for the PM networks and community, the support for growth and industry development has been very good. Recall, diffusion of innovation occurs when four key constituencies are hitting on all cylinders, collaborating in earnest – scholars, enterprise, investors and entrepreneurs. Annoying and inconsequential fan-blogs and sideline commentary are not really part of the equation. Rather, it is the hard work of triangulating these constituencies and advancing the conversation that is really the driver of diffusion, adoption and prosperity for prediction markets and stakeholders.     

 

Eventually, in the fullness of time, early, vociferous advocates find a new niche, embrace and engage the expanding industry constellation, achieve an authentic contribution to the greater good or, often, simply fade away.         

 

-j  

 

["Jan Schröder (en)"]

John,

I do that besides the thread (but will put it online if you wish): Thank
you for your strong and deliberate words to the topic "C Masse" on the
pm group. And for posting all your thoughts - even if it takes more than
one messages...

Here in Germany we have a strong controversy on the actions for
preventing (child) pornography on the internet. Even if the topic is /v
serious, the topic itself is taken as a vehicle to stop the one side of
discussion and arguments. Shady prevention steps (DNS blockers based on
state information on what site to block or not) combined with the
possible prosecution of people (even by chance) visiting such a blocked
site and live information of the IPs visiting the sites.... This topic
is quite difficult to discuss as the topic is not just freedom of speech
but also a political one. But still it needs (as in the case of C.
Masse) the people who stand up for it - publicly visible. We have a big
provider over here that says "no" to the implementation of the blocks as
they see it as contrary to the constitution.

Good to have these guys over here - good to see your posts over there.

With best regards from Germany

Jan

---

JT Maloney schrieb:

>
> Hi –
>
>
>
> The responses from some people on this thread sound a lot like
> Stockholm Syndrome.
>
>
>
> Remember, what you read or rip or don’t read or rip is your business.
> So is your opinion. Besides that, no one is suggesting not reading CFM
> nor is anyone recommending, endorsing CFM. If CFM creates legal and
> other grief or problems for himself, that is his business.
>
>
>

> We all agree a ‘/rising tide lifts all boats/’ and independent blogs

> cylinders, collaborating in earnest – /scholars, enterprise, investors
> and entrepreneurs/. Annoying and inconsequential fan-blogs and

> sideline commentary are not really part of the equation. Rather, it is
> the hard work of triangulating these constituencies and advancing the
> conversation that is really the driver of diffusion, adoption and
> prosperity for prediction markets and stakeholders.
>
>
>
> Eventually, in the fullness of time, early, vociferous advocates find
> a new niche, embrace and engage the expanding industry constellation,
> achieve an authentic contribution to the greater good or, often,
> simply fade away.
>
>
>
> -j
>
>
>
>

> --~--~---------~--~----~------------~-------~--~----~
> You received this message because you are subscribed to the Google
> Groups "Prediction Markets" group.
> To post to this group, send email to Predictio...@googlegroups.com
> To unsubscribe from this group, send email to
> Prediction-Mark...@googlegroups.com
> For more options, visit this group at
> http://groups.google.com/group/Prediction-Markets?hl=en
> -~----------~----~----~----~------~----~------~--~---
>

--
Dr. Jan Schröder

Institute for Information Systems and Management (IISM)
Universität Karlsruhe (TH)
Zirkel 2, R. 171
76131 Karlsruhe
Germany

Telephone: +49.721.608-8405
Telefax: +49.721.608-8403

Schr...@iism.uni-karlsruhe.de
http://www.iism.uni-karlsruhe.de

[David Swarts]

Greetings-

 

Here I wanted to provide answers to questions and concerns that have been raised.

 

I am not a lawyer, but an independent legal assistant. I am retained to compile pertaining information to build a case for the lawyer. While I am not even in the same country as my client, it is decided that until court documents are released my client's identity and my location remain anonymous. Given Mr. Masse's nature, this is to prevent guessing games to harm others, or further escalation by retaliation. Furthermore, I am only a messenger here and any fishing expedition for me would certainly be a waste of time.

 

My client agreed to disclose the following to alarm you of harmful consequences of defamation. In one case, upon due diligence, my client's customer did not renew a contract and confronted my client with posted information by Mr. Masse about him. On a different occasion my client, quite accidentally months later discovered that he was turned down an advisory role again because of doubts raised by Mr. Masse's comments. These are only clear cut cases that have come to light. Some of you might have reacted as vigorously to cut future loss, and therefore my client can clearly demonstrate in a court how Mr. Masse's commentary caused damages in order to seek compensation.

 

My clients endorses of freedom of speech, including even provocative criticism of the industry, companies and even individuals, and certainly the meticulous work Mr. Masse displays on his blog. Nevertheless there are clear red lines that constitute defamation resulting in serious and permanent consequences as disclosed above. If you know Mr. Masse, and are used to his style, you can easily dismiss his slanderous remarks. However, these comments are on permanent public record upon which governments, clients, employers, universities, potential partners, insurance companies etc. make judgments at face value. This should alarm anyone serious about their reputation (for background and advise see: http://gadgetwise.blogs.nytimes.com/2009/04/22/how-to-manage-your-reputation-online/?scp=10&sq=webmaster&st=cse).

 

Naturally, if C. Masse decided to remove harmful remarks, we will seek lesser charges to recover damages only. As it stands, Mr. Masse obviously does not accept any responsibility for his harmful commentary.. For that reason, perhaps if your community wants to maintain the a useful blog, it needs to mobilize itself, and act on what all seem to agree; endorsing his good work and requiring to remove by setting voluntary limits for harmful comments.

 

Finally, to answer a FAQ, yes, you will need to sign a consent form for evidence presented to the court and I will be taking your provided information until May 15, 2009.

 

Regards,

 

David

---

From: JT Maloney <jheur...@gmail.com>
To: Predictio...@googlegroups.com
Sent: Sunday, April 26, 2009 1:19:17 PM
Subject: RE: Information Request on C. Masse

Hi –

 

The responses from some people on this thread sound a lot like Stockholm Syndrome.

 

Remember, what you read or rip or don’t read or rip is your business. So is your opinion. Besides that, no one is suggesting not reading CFM nor is anyone recommending, endorsing CFM. If CFM creates legal and other grief or problems for himself, that is his business.

 

We all agree a ‘rising tide lifts all boats’ and independent blogs can make some contribution. However, at the same time, no one needs to endorse and endure unfair insults, ad hominem argument and crude attacks.

 

Remember, there is no attempt to reduce or elevate anything. Fact: CFM is often callow, lurid and vulgar. Period. That doesn’t reduce or elevate, it just is what it is. Some fanboys have an appetite for it and think it is real cute and nifty; other people may not have the same opinion. That’s all. No biggie..

[Michelle Ferrier]

I would assume Chris could speak for himself and defend himself from such nebulous attacks. Has any one sent this waste-of-time email to Chris?
Michelle Ferrier

[Brad Y]

Hhhm, if this is a hoax it's quite a good one - Stockholm Syndrome or
not.

Brad

CEO of Nostradamical.com
http://www.nostradamical.com
http://www.twitter.com/nostradamical






On Apr 25, 11:34 pm, "Michelle Ferrier" <miche...@michelleferrier.com>
wrote:

> I would assume Chris could speak for himself and defend himself from such nebulous attacks. Has any one sent this waste-of-time email to Chris?
> Michelle Ferrier
>
>
>
> -----Original Message-----
> From: Emile Servan-Schreiber [mailto:e...@newsfutures.com]
> Sent: Saturday, April 25, 2009 12:31 PM
> To: Predictio...@googlegroups.com
> Subject: Re: Information Request on C. Masse
>
> I think it is unfair and inaccurate to reduce Chris' blog to "lurid PM smut". As the "fanboys" - is that an insult? - have pointed out, it does provide a valuable service to the whole industry, despite the sometimes overly personal angle. In short, we're lucky to have a passionate blogger among us even if it means a dose of occasional discomfort and embarrasment. At least, his opinions, praises and attacks are overt. He's not hiding behind anyone. This contrasts sharply with the cowardly anonymous attacks he has recently been the victim of, including this latest pseudo-legal threat through an anonymous Yahoo email account who supposedly represents some lawyer representing some client. In my opinion, the fact that "whoever"' is fishing for information is proof that they have nothing serious to threaten Chris with. It's pathetic.
>
> --Emile
>

> On Sat, Apr 25, 2009 at 3:32 PM, JT Maloney <jheuris...@gmail.com> wrote:
> Hi –
>

> As group creator and moderator, it makes sense to comment onthis request.
>
> When it came through, it was allowed even though there was asuspicious that it might be fraudulent. In any event, comments on the industrydiscourse are always welcome. The follow-up comments were expected too.
>
> Without commenting on the merits of the issue or request, it isfair to say free speech is essential. That is both the free speech in questionAND the rights of anyone to pursue any remedy he wishes for his clients. Bothare equally protected. To be dramatic, we don’t need to agree withwhat is said, but will defend to the death the right to say it!
>
> Meanwhile, as we see by some ridiculous replies, there are fanboysout there that have a passion and appetite for lurid blogs and so much PM smut.Hard to determine which is more puerile - the authors… or the readers of allthe liquid manure.
>
> Anyway, juvenile jive blogs have no impact to your w/w PM and CIcommunities, clusters, collaborations, conversations, networks and stakeholders.These robust networks depend on emergence, self-organization, value,advancement and outcomes. They exist because you want them to exist.
>
> On the stark contrary, vendors, suppliers, consultants andothers bringing forward products, services and innovations to the marketplace shouldbe very concerned with the impact to reputations, product cycles and businessdevelopment of savage insults, freakish pap and goofy monologues in the PM/CI industrydiscourse.

>
> We know ‘all publicity is good publicity’except when it rises to the level of legal offense. Others are better equipped tomake that determination.
>
> Cheers,
>

> John- Hide quoted text -
>
> - Show quoted text -