Dental Spam Response Part 1: ". . . if nothing is done within 24hrs, I will be forced to take legal action."

Blogging has its hazards.  I put up a post about a spam dental comment on Monday 11/28/11 at 10:52pm.   I got this email [dated 11/29/11 7:52am (Alaska time)]:

To Whom it May Concern,

My name is Dr XXX  XXXXX I am the owner of XXXXX Dental Arts. I was made aware of your blog today and I wanted to know what, exactly, is the purpose of this negativity in your blog? You do not know who I am or what I do in my practice but to say such things is considered defamation of character and is illegal. The way in which I advertise on the internet or increase traffic to my website shouldn't be any concern to yourself. You do not know me, nor do you know anything about me. I ask that you take down your recent post about XXXXXXX Dental Arts. I do not want to escalate this to my attorney but if nothing is done within 24hrs, I will be forced to take legal action.

Thanks,

XXX   XXXX

This happened once before when an attorney for the Alaska International Film Festival sent a longer letter.  In that case, I contacted attorney John McKay who wrote a long response letter.

In this case, this was directly from the dentist, not his attorney.  And he did say, "thanks" at the end.  And he didn't use his title in his signature.  Those are good signs to me.  So I drafted a response and checked with my attorney and then sent it off Tuesday night:

Dr. XXXXXXXXX,

Let me try to address your questions:

1. “I was made aware of your blog today and I wanted to know what, exactly, is the purpose of this negativity in your blog?”

You mention negativity as though talking about something negative is a bad thing.   Surely, when you find that a patient has a cavity, you must raise that negativity with your patient so you can proceed to fix it.

The purpose of the post is to point out the dangers of legitimate businesses hiring SEO firms that use sleazy tactics. Like filling a cavity, I’m trying to help businesses, like your own, protect themselves from sleazy SEO tactics. And like filling a cavity, it might hurt a bit, but I mean you no malice, as you mean your patients no malice.

2. "You do not know who I am or what I do in my practice. . .”

I do not know much about you, nor do you know me. But I do know
something about your marketing practices because an advertisement for your business was posted on my blog. Your SEO came to me, I didn’t go looking for you. My blog has a warning above the comment box that says (in part):

“Comments will be reviewed, not for content (except ads), but for style. . .  Ads disguised as comments, unless closely related to the post and of value to readers (my call) will be deleted.”

Despite this warning, a spam advertisement was left as a comment directing my readers to your dental clinic. The comment had absolutely nothing to do with the content of the blog post. In my mind this is tacky, because it pretends to be a comment, but really is an ad. In this case, there was not even an effort made to find a post about dentistry (I have some) or to even pretend to relate to the post at all. (Some SEO people write things like “This is a very interesting post” before leaving their links. And, in fact, another dentist has left another spam comment, but it talks about dentistry at least on this post which mentions 'dentist' though the main topic is SEO and spam.)

I went to the effort to call your office to check if you knew about the ad. Someone who identified herself as YYYYYY said this must be related to your SEO. I posted that on the blog so that my readers (and you) could see that I had checked  and that your office was not aware.

3. “but to say such things is considered defamation of character and is
illegal.”

I’m a professor emeritus of public administration at the University of Alaska  Anchorage. I write carefully and I try to present different possible interpretations rather than state things as fact. The post speculated different possibilities and provided evidence for the different possibilities. As I review it I see nothing that could be considered defamation.

You have not specifically identified what ‘things’ you consider  defamation of character or how it is illegal. If you can do that, I will share your  comments with my attorney, and consider any edits he advises.

I was threatened with legal action once before. That ended abruptly when my attorney responded to their threat. My attorney has represented news media and others engaged in exercising their First Amendment rights for over three decades, and has taught a university course dealing with these subjects for almost as long.

In conclusion, please identify the specific parts of the post that you consider defamation of character or illegal so I can consider making edits if my attorney agrees with your assessment.

Sincerely,

Steve Aufrecht

This all happened about a week ago.  I'll put this up now and Part 2 which includes the dentist's response and mine.

Here's the resolution in Response Part 2.

AIFF 2011: The Wedding Party - Australian Amanda Jane Talks About Her Film

I got to meet Australian director Amanda Jane Saturday night at an Anchorage International Film Festival party at the Spenard Roadhouse. (This was a public party that was free and open to anyone.) Her film, The Wedding Party, shows tonight at 8pm at the Bear Tooth. It also shows on Saturday Dec. 10 at 12pm at Out North.



We've had some great Australian movies at the AIFF. Street Sweeper and Birthday come to mind immediately.

AIFF 2011: Pebble Mine's Rio Tinto Subject of "Locked Out" Tonight 8pm Out North

The Anchorage Film Festival schedule for today is shortened compared to the weekend, starting at 6pm at Out North.  Out North has an 8pm showing of Locked Out  in the main theater that might be of interest to  anyone who wants to know more about the owners of Pebble Mine.  Whether you're pro- or anti- Pebble Mine or still making up your mind, here's a chance to learn more about the operations of one of the owners - Rio Tinto.


Rio Tinto Buys Into Alaska's "Pebble" Project -

Kennecott, through its parent company Rio Tinto, has purchased Galahad Gold Ltd.’s 19.8% share in Northern Dynasty Minerals Ltd Pebble copper-gold-molybdenum prospect, making it the largest single individual shareholder.[1] In February 2007, Northern Dynasty Minerals announced it would receive the Thayer Lindsley International Discovery Award from the Prospector's and Developer's Association of Canada for discovering the 32 square mile Pebble East deposit.[2]

This was a 2007 article and I wanted to check whether Rio Tinto was still connected to Pebble Mine.  If the Pebble Mine Partnership website lists its owners, I couldn't find it.  But Wikipedia does still list Rio Tinto as a major stockholder of the Northern Dynasty the original owner, as I understand it, of the Pebble Mine project.

Important stockholders in Northern Dynasty Minerals Limited include Kennecott (19.8%) which is a wholly owned affiliate of Rio Tinto, management (13%), and Mitsubishi (9.1%). One non-executive member of the Northern Dynasty board is a Rio Tinto representative. The corporate officers and executive board members of Northern Dynasty Minerals Limited are all, also, executive board members and corporate officers of Hunter Dickinson Corporation. Northern Dynasty is one of ten public mining companies driven by Hunter Dickinson, a Vancouver-based Canadian corporation.^[35]

Like any documentary, this film should be considered a source of information which leads you to ask more questions to determine how complete, accurate, and balanced the film's claims are.  From the Locked Out's website:

This is a compelling story of 560 unionized borax miners in the desert town of Boron, California who faced off against Rio Tinto, a British-Australian multi-billion dollar global corporation, which is the 3rd largest mining company in the world. Boron, population 2000, is home to many miners and their families, and is a close knit community of small businesses, churches, the boy scouts, the little league and many single family homes where workers have lived stable middle class lives for many generations. But their jobs and way of life were threatened when Rio Tinto locked them out of work on January 31st, 2010 and replaced them with scabs. Will the workers' middle class way of life be destroyed? Who will win this David and Goliath struggle?

This is the only time this film is scheduled at the Festival.  It is one of the Documentaries in Competition - meaning it was chosen as one of the best and is eligible for an award.


Mila's Journey - another documentary in competition - begins at 6pm and the adult's only Polish animated film George the Hedgehog is from 7pm - 8pm at Out North before Locked Out.

6:00 PM		Mila's Journey Annie Perkins, Rinku Kalsy 2011 | Documentary, In Competition | 70 min.	Out North Theatre - Main
7:00 PM		George the Hedgehog [Jeż Jerzy] Wojciech Wawszczyk, Jakub Tarkowski, Tomek Lesniak 2011 | Animation, Feature | 80 min.	Out NorthGallery

Also at 8pm at the Bear Tooth is the Australian film The Wedding Party which shows again Saturday at 12pm.  I'll have another post on this film.

AIFF 2011: This Is Not Real Director Hungarian Gergely Wootsch

I caught up with Gergely at the film makers' forum this morning, then at the showing of In The Shadow where I got this brief video. There's more information about his film at my post on the animated films in competition.



We got to see the film Sunday night before The Flood.  The visuals are wonderful.  Here's just one frame, with an audience member silhouetted in front.  Ropi, did you watch the whole video?

AIFF 2011: Busy Sunday

A couple of minutes before The Flood so I'll just put up the pictures with minimum text.

The film maker forum at Out North at 11 am brought together some of the film makers here at the festival. 








 We saw the Stan Lee Story but no pics.  Afterward film maker Yuki Ellias (on the right in front) watched herself as they tested her film before the audience came in.

 The warm 40˚F weather and rain made the Out North parking lot a mess.













Then over to the Alaska Experience theater - Jorge and Nicole are in the upper left to watch their film In the Shadow.

Then for the Q&A.

Then back to Out North to see Apartment in Athens which started out to be the best film I saw today, but there were technical difficulties and the dvd kept stopping.  Here
s the technician trying to fix it.



More later.

Gergely Wootsch

[It's later, The Flood was good, we also got to see Gergely Wootsch's animated short, This is Not Real,  before The Flood.   I was at the Bear Tooth and hadn't eaten since breakfast and they brought my food just as Gergely's film started.  I loved the look, but I need to see it again, uninterrupted.


When The Apartment in Athens was shut down (it was a PAL format on the PAL machine at OutNorth, and they got a second disk, but it did the same thing about 15 minutes into the film - it just kept stopping.  So I went to the other screening at Out North and saw the last three in the short Horror program.  I wasn't too impressed until the last one - The Attack of the Killer Mutant Chickens.   Maybe I'm biased because I interviewed the director, but I liked it a lot.  The visuals were great and the story was fun.]

]

AIFF 2011: Rainy, Windy, and Pushing 50 After AIFF2011 Day 2

I saw most of three films today. I already wrote about Andante. Senior Year, a Filipino movie about the last year in a parochial school was a serious, but light take on finishing high school and looking toward college. It might be interesting to have high school students around the world exchange films like this to see how similar things are. But this was clearly a fairly prosperous school and serious problems were in the background. One student's father was taking drugs and beating her mom, and gay issues were touched very superficially. The worst thing that seemed to happen was when the senior class came in second to the junionrs at the school's athletic tournament. Then I finally got to meet up with my wife at the Bear Tooth where we saw a powerful Rwandan film, by Alrick Brown. From his website bio:

Alrick Brown has a MFA from NYU’s Tisch School of the Arts. A filmmaker and teacher, he has found his calling writing, directing, and producing narrative films and documentaries often focusing on social issues affecting the world at large. It was after visiting the slave castle of Elmina, in Ghana, that he was inspired to attend film school. For over two years he served as a Peace Corps volunteer in Cote d’Ivoire. The interactions with the people of his village and his overall experiences in West Africa have informed his creative expression; an expression first fostered by his birth in Kingston, Jamaica and migration to, and upbringing in Plainfield, New Jersey. A fluent French speaker, he graduated from Rutgers University with a BA in English and a Masters in Education. Since then he has devoted his energy to changing the world by giving a voice to the voiceless and telling stories that otherwise would not be told.

 Kinyarwanda plays again Sunday December 9 at 10:30pm at Out North.  I highly recommend it.  This is a very different picture from Hotel Rwanda - and one that has a hopeful take on things.

JC and his dad Carl Hoffma

Rand Thornsley, right

Then I went over to the party at Spenard Road House where I met Bartlett High School student JC Hoffman and his dad Carl.  JC has a school assignment to check out the film festival.  He got to meet Tony Sheppard and Rand Thornsley, who is in town for the Festival and said he did have a small role in the programming this year. He was a key player in the last three festivals before moving to Washington State earlier this year.   I'm putting up his picture so his teacher can see he was really there.



It's late and Sunday has a don't miss film makers roundtable at Out North at 11am.

Meanwhile the outdoor thermometer is pushing 50˚F (10˚C) at our house, it's raining, and the side streets and parking lots are turning to ice.  And the wind's blowing.

AIFF 2011: Dream Factory - Strange World Without Dreams in Israeli Film Andante

If Anselm Kiefer were a film maker, I imagine his films might look like this one.  Industrial, dark, wood, and machinery.  I like films that experiment with the idea of what a film can be, that explore beyond the literal story telling of most movies.  And I had read the blurb about the film, so I wasn't completely clueless about what the director had in mind.   Actually, this description, a part of what is on the film's website, is more than the film festival offered:

The men and women of the society in Andante had lost the physiological capability of dreaming in their sleep, and consequently the means of achieving deep and meaningful sleep in itself. At the belly of some sort of a factory, fast asleep in his bed is an old man - the last person who is still dreaming. The technological means were found at the factory to extract the signals produced by his brain in order to then project his dreams onto a screen used for public screenings as a synthetic substitute for the lost privet faculty. The plot takes place during a single night when the old man is expected to pass away, and follows Sarah – a young woman that is found out to have been dreaming again. As a replacement for the dying old "Mr. Coma" is desperately sought after, Sarah is then worked through the various technological and symbolic induction procedures, into the role of eternal sleep.

But it was more a movie for just letting go of preconceptions of movies and just watch the lighting (perhaps darking is more appropriate here), the textures, the sounds.  Such sounds, deep and industrial (there's that word again) that penetrated your body.  This is the kind of movie where audience members who didn't know what to expect, leave somewhere along the line.  I'd guess there were maybe 20 folks in the theater, but I don't think anyone left.

Here's what some audience members thought:   


Reviewer Richard Props who saw Andante at the Indy Film Festival in Indianapolis gave it some credit but said, "Andante is all style without substance."  The Anchorage audience reactions seems to agree - even those who liked it had no clue as to the story line if they hadn't read it in advance.   A film doesn't have to have content, but given the lengthy description of the plot on the Andante website, it would seem that an audience member should not have to read the description before going to the movie.

Ron Paul Gets Some Things Right - Imagine China Invades Texas

The link to this video was sent to me by a friend whose country has all these things happening to it. If you go far enough left and far enough right, there's common ground on some key ideas. (But not all.) Ron Paul isn't getting any traction among the Republican primary voters, because for most of them, whatever the US does is right. And all those other countries should follow our lead. I suspect this sort of thinking twists their brains much farther than they can bear. But his message here has a lot Americans should heed.

AIFF 2011: Voices of Bristol Bay Precedes Inuk Opening Night

Opening night was sold out and packed.  Lots of people.  Lots of noise.

The opening short was a light and fun, yet very important look at people who live in Bristol Bay.  They gave 60 some people digital video recorders and asked them to video tape part of their day.  A wonderful glimpse at the people of the region.  It also got Alaska Native people into the theater to watch the Greenland film about troubled kids going out with traditional seal hunters.  I talked to one young man from Kotzebue (originally) after the film and he said he could understand a lot of it. 

Tony Sheppard introduced both films - it was strange without Rand Thornsley there - and then we saw the films.

Inuk was powerful and the story mirrored the story of many Alaskan Natives faced with the modern world impinging on their traditional way of life and with the added problems of global climate change having a huge impact on their frozen worlds.  The cast was all real people - kids at a shelter for troubled kids acted with traditional seal hunters.  One of the seal hunters - Ole Jørgen Hammeken - was there with the director Michael Magidson and writer Jean-Michel Huctin and they took questions afterward.

Even a film glitch with stopped the film and darkened the room toward the end didn't take away from the enthusiasm of the crowd. 




The video starts with Director Magidson telling the crowd how much they wanted to show this film in Alaska.  There's a brief clip of the film - after the glitch - and the Q&A.  The lighting in the Bear Tooth for Q&A has always been bad.  This year they did get a bit of light on the film makers. 




Here's a schedule for Saturday's films.  I'm late for the 1pm shorts at Out North.  Then I think I'll check out the Israeli SciFi flick at the Alaska Experience Theater at 3.  Unless I get sidetracked.

AIFF 2011: In The Shadow's Jorge Sermini and Nicole Elmore

Also at opening night I got to talk to Jorge Sermini and Nicole Elmore who between them wrote, directed, and acted in the Puerto Rican set film In The Shadow which involves an American tourist who gets involved with a local healer. But they can tell you better themselves. And since Tomás might read this, I asked Jorge to explain it again in Spanish. But don't shut it off then because Nicole talks at the end.

This one plays at the same time as Love You To Death on Sunday at 2:30, at the Alaska Experience Theater.