What Carey Is Saying

It seems that bad PR travels fast and considering that this site is now ranking on page 1 for ‘fresh store builder’ and ‘fresh store builder review’, I can only assume it’s put a dent in the pocket of the snake oil salesman behind it. As long as I can keep one person from getting conned by Carey Baird, then I’m happy, but based on the number of “thank you” emails I’ve received I think it’s safe to say that I’ve kept numerous people from getting conned by that con. So much so that Carey has stooped to even lower levels of sheistiness and went as far as to file a frivolous DMCA claim against me. Imagine that! Somebody posts an HONEST review about a product and the owner of that product doesn’t like the review so he pulls out all the stops in the book to have that review completely removed from the internet. YES, THAT CLOWN TRIED TO HAVE MY ENTIRE SITE TAKEN DOWN FROM THE INTERNET! Well, carey, I’m sorry, but it didn’t work. All you’ve done is given me more material to share with the world about what kind of a person you really are. I am curious about one thing though…

How long will it be before you file a DMCA complaint for the DMCA complaint that I’m about to share with everyone?

On to the good stuff.


PART 1:

This is what Carey had sent to Godaddy.

Dear Sir or Madam:

Fresh Store Builder swears under penalty of perjury that Fresh Store Builder has authorized DMCA.com to act as its non-exclusive agent for copyright infringement notification. DMCA.com’s search of the protocol listed below has detected infringements of Fresh Store Builder copyright interests on a website hosted by you, as detailed in the below report.

DMCA.com has reasonable good faith belief that use of the material in the manner complained of in the below report is not authorized by Fresh Store Builder, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification to effect removal of the detected infringement listed in the below report. The below documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others unauthorized Fresh Store Builder materials in the future (see, 17 U.S.C. 512). Additionally, we request that the removed link state the following: This content has been removed due to infringement.

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing. We appreciate your efforts toward this common goal.

Please send us a prompt response indicating the actions you have taken to resolve this matter, making sure to reference the Notice ID number above in your response.

Nothing in this letter shall serve as a waiver of any rights or remedies of Fresh Store Builder with respect to the alleged infringement, all of which are expressly reserved. Should you need to contact me, I may be reached at the below address.

Evidentiary Information:

Notice ID: DMCA-CASE#47658

Protocol: Web

Infringers IP Address: 160.153.54.6

Infringed Work: http://www.freshstorebuilder.com

Infringing URL: www.freshstorebuilder-review.com
Explanation:

Infringing URL: http://www.freshstorebuilder-review.com

This website is using images copied from my website and private members area.

The website has also copied our logo (http://freshstorebuilder-review.com/wp-content/uploads/2014/12/resized.png)

The website is also using content from private emails and helpdesk tickets. This is forbidden as per our website terms of use and license agreement here: https://www.freshstorebuilder.com/license-agreement – this agreement details that all helpdesk tickets and content submitted to our website remains our property.

Some of the copied images, design and text includes:
Logo: http://freshstorebuilder-review.com/wp-content/uploads/2014/12/resized.png
Image & design from private members area: http://freshstorebuilder-review.com/wp-content/uploads/2014/12/message-from-carey-baird.png
Image & design from private members area: http://freshstorebuilder-review.com/wp-content/uploads/2014/12/fresh-store-builder-account.png
Image & design from private members area: http://freshstorebuilder-review.com/wp-content/uploads/2014/12/upsell-2-1024×532.png
Private emails & helpdesk tickets: http://freshstorebuilder-review.com/wp-content/uploads/2014/12/email-with-barbara-house-1024×658.png
Private emails & helpdesk tickets: http://freshstorebuilder-review.com/wp-content/uploads/2014/12/blackmail-email-carey-baird-1024×385.png

There is also directly copied text on the page.

The type of content includes text, logo, images and design.

IMPORTANT – some of this content is secured behind a login in our members area at http://myaccount.freshstorebuilder.com. Please advise what you need from me to prove this.
Date Posted:05/19/2015 6:27:04 AM
Regards,

Matthew C

DMCA.com – on behalf of Fresh Store Builder


My reaction to this: Carey Baird literally STOLE the intellectual property of John at Ramos Themes for his own financial gain and he doesn’t see anything wrong with that, but when another person USES Carey Baird’s property for educational purposes under the Fair Use Act (criticism, comment, news reporting, scholarship, or research with NO INTENTION OF FINANCIAL GAIN), well that’s NOT okay.

Whatever, dude… or should I say DUD!


PART 2:

This is what Godaddy sent me.

Discussion Notes
Support Staff Response
In reference to FRESHSTOREBUILDER-REVIEW.COM:

PLEASE READ THIS ENTIRE EMAIL CAREFULLY. AS A COURTESY WE HAVE NOT YET SUSPENDED THE HOSTING SERVICES ASSOCIATED WITH THIS WEBSITE.

Dear Customer,

We have received a complete DMCA complaint alleging that copyright infringement is taking place on your hosted site. This notification was submitted pursuant to the Digital Millennium Copyright Act and GoDaddy’s Copyright Infringement Policy, which can be found here:

https://www.godaddy.com/agreements/showdoc.aspx?pageid=TRADMARK_COPY

In accordance with this policy, as well as the hosting agreement you consented to upon purchase of the service, we will need to suspend this hosting account if this matter can not resolved by removing this content within the next 24 hours or submitting a complete counter notification as described in the policy.

You have two options at this point:

Option 1 – CONTENT REMOVAL

In order to resolve this situation and avoid suspension of your site you will need to completely remove the content that is the subject of the copyright complaint.

Option 2 – COUNTER NOTIFICATION

If you feel that this complaint has been made in error and you wish to contest the claim, you will need to submit a complete counter notification in accordance with the DMCA. Let us know if you require further information and/or instructions on how to file a counter notification.

Please understand that as a web hosting provider, we are not able to make legal determinations as to who is right or wrong in an infringement claim.

Let us know if you have any other questions at this time.

Kindest Regards,

Chris
Copyright Department
Go Daddy Operating Company, LLC
CopyrightClaims@GoDaddy.com


PART 3:

Godaddy realized this was all a bunch of horse$h!t and nothing more ever came of it! As you can see, Fresh Store Builder Review is online otherwise you wouldn’t be here reading it. 😉

4 thoughts on “What Carey Is Saying

  1. Alex

    Godaddy sucks and they overreact to DMCA complaints all the time. Glad I read this about FSB as I was thinking about purchasing it but it seems the product is dicey and the support sucks – thanks!

    Reply
  2. Mike Anthony

    This is great. He tried doing the same to me. I have a video review that comes up when you search for the fresh store builder. He sent youtube a request to remove my video review of his product. What a joke! I asked youtube how could you actually remove an honest review of a product I bought. They reviewed my video and said I had every right to keep it up. It is crazy cause every review you see on fresh store builder was just other affiliate marketers promoting this garbage program. In the end I hope we sway people from wasting their time, money, and the reputation of the sites they are putting up.

    thanks for the site!

    Reply
    1. Emir Hayric

      And we thank you for your comments Mike. The more attention the site receives the more it will rank on page #1 of Google and hurt his sales!

      Reply
  3. Kevin Grames

    Somehow I am not surprised by this from Carey. Based on my own dealings with them I can believe this happening. As for GoDaddy they are only following up as required by law so I do not blame them. If this was a true violation they would have done something. Even so they would have shutdown thousands of other sites that conduct similar reviews using the name of the sites they review within their domain name.

    Reply

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