Should StagingTracks Continue?
On a few occasions, I have received email from shop owners or club leadership asking that their information be removed from StagingTracks. I understand this and I am more than willing to accommodate these organizations. In fact, most of the time the shop, club, or show finds out about StagingTracks because of the email that is sent immediately after the entry is approved by me.
Hello,Your shop, ..., has recently been added to the StagingTracks website (http://www.stagingtracks.com). StagingTracks is attempting to bring model railroaders together by connecting them with local shops, area clubs, and upcoming shows. There are other sites on the Internet that have this type of information, but I believe StagingTracks simplifies the task of locating other groups of model railroaders.
Your shop can be found at: http://www.stagingtracks.com/shops/... If there is anything that is incorrect, please let me know. I want to make sure that StagingTracks provides the most accurate information possible in order to best serve you and other model railroaders. If you do not want your shop listed, do not hesitate to let me know and I will remove it.
I am excited that someone felt it important to add your shop to this little experiment. Please feel free to add to StagingTracks yourself. The more local model train shops, clubs, and shows that are listed, the better the chances that someone can find your shop.
Geof http://www.stagingtracks.com
Occasionally, People Are Not So Nice
On even rarer occasions, I get more hostile email. As usual, I respond and try to set the situation right. I recently received the following email regarding an entry added to StagingTracks.
You have used our copywrited name and information without our permission. Please cease and discest.
So, I replied:
My apologies. All of the information on StagingTracks is entered by local model railroaders who want to help out others in their area. I did not add your club to StagingTracks. Please see http://www.stagingtracks.com/clubs/new for the form used by model railroaders to add their local club to StagingTracks.I built StagingTracks a couple of years ago as a way to help model railroaders connect with local shops, area clubs, and upcoming train shows. I used to travel a lot and had no way to easily find local shops and clubs in the areas I would be. StagingTracks was my attempt to let other model railroaders tell others about the shops, clubs, and shows in their area.
I am not sure what you mean by cease and desist. I can remove the entry for your club, if that is your desire. If you would like to correct any information for the club, I can do that as well. Again, please accept my sincerest apologies.
The response was:
We have a forum for what you suggest….it is the National Model Railroad Association. They ASK before publishing unfounded information about modellers and their clubs. You have no standing or credentials to do your project. You do have a right to publish what you will as I have a right to file a lawsuit if you use incorrectly our name and reputation. Your incorrect information cannot be changed any more that you can put the smoke back in the fire. “Local Model Railroaders” as you call them have no more standing to use our COPYWRITED name than you do. It is a matter of ASKING first.
And my response:
Wow! In only your second email to me, you are threatening a lawsuit? I will remove your club from the StagingTracks website.I have, on multiple occasions, contacted the NMRA to see if there is a way that I could work with them to provide club information. I have never received a response.
Please accept my apologies.
I would like to point out that a name cannot be copyrighted. Taken from http://www.copyright.gov/help/faq/faq-protect.html:
How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
Should I Continue?
This is a hobby for me, as is model railroading. With small children, I do not have as much time to spend with others in the model railroading community, so I feel like this is one way that I can give back. I have been doing this for two years now, and model railroaders seem to find it useful. According to Google Analytics, StagingTracks gets 150 to 200 visits a day.
I make little to no money off of this site. The little that has been made barely covers the hosting, domain registration, and CafePress shop each year.
I wanted to get some feedback from others out there to find out if I should continue supporting StagingTracks or start to wrap things up.
I found your web site very helpful in finding out information about the nearest hobby shops. Being new to this area, I had no idea what was available. The comments left by other customers has been very helpful. Although comments about the stores can be found elsewhere, it is good to find additional comments.
As to the response you received from this one location, it appears as though 1) They don't understand the law (I have a legal background, so I can make this statement) and 2) They must have some other issues that cause them to behave this way which makes me wonder how they treat their customers and how long they will be in business.
I, too, have a web site (historical web site) which takes a great deal of time and some money. While I don't take donations currently, I understand your position, and I also understand your questioning whether it is worth the effort and money to keep the site open. As I said earlier, your site is very helpful, and it is appreciated. Whether it is still a good project for you is a question that you will have to answer on your own.
It's a shame that you have received such rude responses. In the example you showed it's clear that the person is not only paranoid, but also somewhat detached from reality about what his/his organization's rights are. Don't be discouraged by such unreasonable responses. Of course it is certainly reasonable to withdraw any information about them from your website.
Really rude people and dysfunctional clubs/shops are often best dealt with by ignoring them.
You certainly have the right to provide a forum for discussing hobby shops, model railroading clubs and other items of interest. You and your site vistors have the right to comment on their experiences, such as to provide reviews of a hobby shop or club display. We should do so with civility and fairness, but US law and culture are very strong on the first amendment right to comment on public matters. If a club displays its layout to the public, even rarely, it becomes fair game for commentary and discussion.
Seattle- To continue ABOLSUTELY! I know the more contact with others the better! Especially with limited sources for contact already. This elitist attitude: "You have no standing or credentials to do your project" please makes me want to barff! PLEASE this is a hobby, and not rocket science here. Not all of us have an empty basement screaming for an enormous layout, nor unlimited resources to build the most latest and greatest expenive layout. How many folks dismantled their enormous layouts for what is herald the most appropiate scale 83 coded track? How sad it is to see to many "seasoned models" trying to figure out how to running DCC, and less time actually running trains. Which at least looking more favoribly on STAGING TRACKS than longing to be apart of any National Model Railroad Association (which lends itself to extreme exclusion). Have you ever seen a moderate layout in a magazine that favoritably portrayed lego's in HO? I question the legal threat here from that writer as nothing more than insecurity of not following their rules of conduct! Maybe if they came off their high horses they to could make the hobby more accessible that would turn folks on besides the holiday displays!
I appauld your efforts in this effort of community connection! We often must overlook the sourpusses, and rejoice in what we enjoy about the hobby of model railroading. I just discovered this sight, and find it wonderful to explore contacts/ideas. I wouldn't be bullied by this writer, and encourage you in your efforts. For how wonderful you willing to share and connect others. Thank you for sharing! ...and most importantly keep your chin up!
Whoever wrote you that silly, nasty note about their club/store should be identified by name & location on your web page so we know who this absurd person is, & so we can avoid them.
Since you are not selling their products under your brand name, or marketing your products under their brand name, without their permission, they have no grounds for a copyright dispute. Also, publishing their comments to you is not libellous or slanderous, since THEY said them to you & did not obtain a legal judgement to keep you from comment or public release. (nor can they) Let their assanine idiocy speak for itself.
Your webpage is actually a blog, & no one is going to sue you. No lawyer would take that rude person's case.
By all means reprint their letters to you on this web page again UNDER THEIR NAME so we know who the jerk is, where his store is, so we can avoid doing business with them. That will shut the idiot up! If a store or club is doing a good job they are proud of, they should be grateful to have their name in your "blog".
Best wishes & Merry Christmas,
Rick
Please continue your efforts on behalf of the hobby, as long as you can fit in the time along with your family and job. I especially appreciate your interactive map for finding shows.
I find that about 2999 out of 3000 people in the hobby are friendly, helpful, and supportive of others. When you encounter the 1 out of 3000 who insists on being an *$$hole you can say, "Thank you, I'm glad I got you out of the way -- now I can expect to deal with only good people for the next few days."
I'm happy to see you got support from law professionals to put your mind at ease.
By all means please continue Staging Tracks. It has been very helpful in obtaining information about shows, clubs and shops in my area. I've even used it to post show information on several occasions myself. As for the complainer that insisted his/her information be removed and threatened a lawsuit, I wish they would be identified by name so I could make a concentrated effort and go out of my way to avoid their establishment. Please continue - 2,999 out of 3,000 of us appreciate what you are doing for the hobby.