NO, YOU CEASE AND DESIST
You may recall I posted the world’s most unintelligible Cease and Desist letter yesterday, as drafted by Howard Schechter of Ecologica Malibu/Bali Ha’i Imports.
The letter was not directed to me, but to a woman who started a thread in the Etsy Forums the other day. She posted a polite and reasonable request, asking Etsy to make a formal statement on the issue as soon as possible.
It is important to note that she did not level accusations at the Schechters, nor did she hurl invective at them. She did not call them, say, “liars” or “cheaters,” or “thieving lying cheating resellers,” for example. She did not use words like “sham” or “con” or even “douchenozzle.”
Even so, Mr. Schechter, or possibly Mrs. Schechter, or possibly one of their four carpenters, felt this constituted “liable” against the company, which has now been proven to be a reseller, or as Etsy calls them, “a collective.”
Enter Ken at Popehat.com. Ken, an attorney who occasionally offers pro-bono help to bloggers, thought this particular Cease and Desist merited a reply.