FlashZone.ORG / FlashZone.COM ?????????
nivek
whats the deal with these two sites?
I got an email from David J. Emberton saying he got hacked and
FlashZone.com stole their
work.
then i get an email from
Anthony Tejas Falco
Executive Vice President
Fusion Inc.
stating David was sacked from Fusion, who he used to work for, and that
he took the content. from FlashZone.Com?
Whos telling the Truth here?
Can someone tell me what really going on??
Kevin Vo
Tom Leitch
David thought that he not had released the copyright and site content to
Fusion, Inc. or Fusion, Inc. believed that he had released everything. It's
not something that can be established either way unless a copy of the
contract was shown and I doubt that will happen.
So for now there are two sites, one which is run by Fusion and the other
which is run by David the original creator.
tom
--
~flashwave team
***********
>> http://www.flashwave.co.uk
>> http://www.helpcentre.co.uk
emerald
we also received this:
Dear FlashZone member,
My apologies for sending this email to you so soon after our last
newsletter, but it contains an important response to an announcement made
by Fusion Incorporated yesterday. This is an open letter, and a copy can
also be found at our website FlashZone.org.
Regards,
David J. Emberton
- - - - -
February 29, 2000
Dear Mr Cole,
Although it distresses me to have to do so, I am compelled to respond to
the outrageous statement posted yesterday by your company. Let me begin my
answering each of the key assertions you chose to make in your
accouncement:
The following is intended to set the record straight in concern to
comments sent to participants of the Flashzone.com newsletter and posted
on Flashzone.org by David J. Emberton, former employee of Fusion Inc.
In actuality I was never legally employed by you. The truth is that after
my arrival I was not issued with a contract, or placed on the regular
payroll, on the grounds that since I was not a US citizen and Fusion had
neglected to apply for a foreign worker visa, I was not technically
allowed to work for you. Despite my hesitation in doing so, you encouraged
me to enter the USA under the visa waiver program and work for you
unofficially until such time as your lawyers could secure a more permanent
arrangement.
David J. Emberton was hired at Fusion Inc. and flown to America in August
of 1999. He was given the responsibility of running, and providing content
for Flashzone.com and Shockfusion.com both of which Fusion Inc. owns.
David did a marvelous job, and we were very happy with him as an employee.
This is partially correct. I was hired for two primary reasons. The first
was to lend weight and credibility to your organization while it made its
first inroads into the Flash developer community. The second was to use my
Flash expertise to assist and manage your team in taking ShockFusion from
the beta phase to completion. You state that I did a marvelous job. So
marvelous in fact that only three weeks ago you were openly courting me to
take up a Chief Operations Officer position with your company, a position
that I eventually declined due to my lack of faith in the organization's
integrity and long term viability.
Around November David complained of the lack of sunshine in Seattle (we
expected that) and said that he wanted to spend some time in Australia for
summer (winter in the northern hemisphere.) So Mr. Emberton left, taking
with him his signing bonus and a new G3 powerbook that was to be used to
update Shockfusion.com and Flashzone.com.
Again, this is only partially true. The fact is that my temporary entry
visa into the United States expired before you were able to secure a
legitimate work permit, and therefore I was forced to leave or face
deportation. After I returned to Australia I repeatedly expressed my deep
concern over the lack of communication and promptness of payments from
your office, and after several weeks decided that it was in my best
interests to take a break from working with you and pursue freelance
activities.
About this time Mr. Embertons book, Flash4Magic, was published and the
only content that he provided Flashzone.com were plugs for his book.
This is also partially true, although its a little hypocritical of you to
spin that in a negative way. After all, your only interest in me to begin
with was my involvement with FlashZone and its capacity to plug
ShockFusion when interest began to wane.
It became clear that Mr. Emberton was not going to provide the services to
our company that were agreed upon. We cut our losses (signing bonus,
airfare) and tried to move on.
This is a complete fabrication. After repeated delays in payment, and a
lack of communication from your office I ceased working on ShockFusion.
You never had to 'cut your losses' because as well entertaining the offer
of a COO position, I also wrote your company's proposal to redesign
Macromedia.com just three short weeks ago as a personal favor to you.
This moving on meant transferring the content we paid David to create onto
our servers and denying an ex-employee access, we reacted as our Lawyers
recommended and now maintain and serve our properties in-house.
Again, a complete fabrication. Your company was approached by Internet.com
and during your talks with them you alluded to being able to spin
FlashZone off as a separate company. They then allegedly offered to invest
the sum of one million dollars into it for a 19.9% stake, with the
remaining portion belonging to Fusion Inc. You called me soon after,
seeking to secure my services as CEO of the new company, which I refused.
I also went to great lengths to bring to your attention the fact that you
didn't own the copyright to the website itself, and were only ever the
registrant of the flashzone.com domain after you bought it from Brandon
Wolf last year. We were in the preliminary stages of a licensing agreement
two weeks ago when you panicked and ordered that all the site's content be
removed from our server, so that you could force us into licensing the
site to you.
Completely unimpressed, and yet hardly surprised, by your unprofessional
and unethical behavior I still participated in the licensing negotiations
with you even after you broke my trust and had an employee assume my
identity online and deceive my friend and colleague Clinton McLeay. After
a string of broken promises to deliver contracts, and your preoccupation
with suing Brandon Wolf to recoup the costs of your incompetent
management, I chose to salvage the dignity of both myself and FlashZone's
staff, by exposing your actions, and continuing to publish FlashZone at
our other address flashzone.org.
I am deeply, utterly disappointed in you. After proclaiming to value my
friendship and expertise you have not only stolen my property in the
pursuit of monetary gain, but you have also blatently attempted to defame
my character and work ethics on the very site that I worked so hard to
build.
Despite all this, we are still willing to negotiate a licensing agreement
that will, for the most part, legitimize your actions and give you the
legal right to publish our service mark, branding and inhouse content
under your company's name. This is because of one simple fact; the talent
and commitment from our contributors that made FlashZone what it is today
cannot be stolen, and cannot be bought. You may get what you so
desperately want this time around, but you will soon discover that no
amount of acquisitions can make up for your lack of creativity, respect
and character.
Sincerely,
David J. Emberton
- - - - -
--
Posted via CNET Help.com
http://www.help.com/
nivek
parties...following this post
I'm all for two sites. but i Believe teh David who is the originator will do a
better job of it.
Kevin Vo