In case you’re new to the world of us (that would be uSocial), you may not have known that about three days after we initially began trading in December of last year that Digg — or should we say Digg’s lawyers — sent us a Cease & Desist notice demanding that we cease trading due to our sale of social bookmarking votes.
In short, Digg were basically saying that we were in some way breaking the law by selling votes. We politely (well, maybe not so politely) advised them we were breaking no laws by selling votes and since then, nothing has come of it.
Anyway, if you haven’t yet read it (check it out on Mashable here — though they claim we were ‘banned’ by Digg, no such thing happened) then here is the letter Digg sent us in all its glory (names an contact detail omitted)!
Dear ####:
My firm represents Digg, Inc. (”Digg”). We have become aware that uSocial.net (”uSocial”) is paying users of www.Digg.com to manipulate content rankings on the Digg website. Digg hereby places you on notice that its website terms of use (located at http://digg.com/tos) expressly state:
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY “DIGGING” ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO “DIGG” ANY CONTENT).
Pursuant to the website terms of use, your manipulation of Digg’s content rankings constitutes tortious interference with Digg’s agreements (i.e. its website terms of use) with the Digg users involved such activity.
Digg hereby demands that you immediately cease all attempts to have Digg users manipulate or otherwise affect the Digg service. Please provide us with written confirmation of your understanding of this matter within the next ten (10) days and assure us that the foregoing demands will be met.
This message should not be construed as a waiver of rights, an offer of settlement, or reliance on any specific facts or legal theories. Digg reserves all of its rights and remedies under applicable law.
If you have any questions or comments, please do not hesitate to contact me at ###-###-####.
