Cairnsman wrote:Ok.
On commercialisation of the site, back in January BFUSA and myself were debating (via PM) the "design brief" that BFUSA had passed to a consultant he had engaged to develop Saintsational.com. The following was a statement by BFUSA in a PM on the 23 January 2014:
==> Correction 1: There is NO commercialisation of the site, there was NEVER any planned commercialisation of the site and despite me continuing to say so, it is how you start??? How is this helpful? Do you feel the only way you can garner support is to paint me as someone wishing to make a $ out of Saintsational? It is really poor form.
==> Correction 2: There was no consultant engaged - I volunteered my website guy to do the website IF it was to go ahead - i provided him with a brief to get a quote in hours (so i knew for my own purposes what this was going to cost me in time) and it was being done at ZERO cost to Saintsational and was going to be my donation to the site
I have no plans to sell advertising on the fan forum or the website - I believe we can remain self funding BUT in case we cannot ... do we want to rule it out completely ... I shall leave that for the majority to decide
==> this quote from my PM (a rule breach) is me asking a question of what should happen if Saintsational could not be funded in the future
==> It was in response to allegations that this was my plan (which it is not and has never been)
==> I clearly state there were NO plans to sell advertising on the site (how many times do I have to say that?)
==> I clearly state that IF there was a need to fund the site in the future, which i doubt as we have managed to be funded by donations for about a decade - the issue should be raised for members to decide the outcome - I am sure that many would be against advertising (as would I personally) and wouold rather tip in their own coin (as i would)
==> AND I have stated on many occasions that I believe that the site will always be funded by the members whether it be me, a few members or dozens of members
==> I think that your proposed constitutional suggestion that prevented Saintsational from ever considering advertising was questionable and for the members to decide
The following statements were also made by BFUSA in a PM on 26 January 2014:
St Kilda and the AFL can shut down Saintsational whenever they want even now as we breach the AFL copyright property and we breach the license that St Kilda holds with the AFL.
==> 100% true. And I have provided links to Cairnsman of the instances where the AFL and clubs have shut down similar forums and websites or forced them to go "private"
FYI we exist only by the good grace of the AFL and St Kilda
==> This is also true. The AFL and clubs allow all fan forums and websites and social media sites to use the trademarked properties until they feel it is against their interests.
we are ALL owners
==> my continued stated position is that the site is technically owned by Damien and managed by his appointed administrators BUT we all have ownership in the sense that (a) we can decide things as a community and (b) we can take ownership of our own contributions that combined make up the content of this site AND (c) each individual has all rights to their own posts and they cannot be re-published currently without their permission and Saintsational clearly does not take ownership of the opinions or contributions made.
Damien lives overseas and has no involvement at all anymore
==> I was wrong here. Damien was back from overseas. He did not post anymore and he was not managing the site as an administrator HOWEVER he was and is still owner.
his father funded it originally and I contributed and then started to raise funds to keep it going
==> 100% true. However from mid 2000s (i think around 2008 ... Mr. Magic could confirm this) those funds raised ran out and then various donations were called for to help pay the expenses for the site. Despite your assertion Cairnsman that you contributed, I am unable to find your name in the spreadsheet, but this is irrelevant anyway.
I plan to ask the club for
==> permission to run their social media feeds on saintsational.com as a part of the content on the website
==> access to past players through their past player association for interview and maybe even forum posts
==> prizes to use to raise funds for saintsational itself AND club (e.g. Saintsational stools for open training)
==> the above set of ==> were suggestions made NOT decisions made (I wasn't even admin back then) and I still believe that they are good suggestions. The club has backed this place before - providing us with memorabilia to auction, coming online to contribute and communicate, giving us ... thanks to the hard work of two (ex?) posters ... the space for Moorabbin Wing and even now their support of Eastern's March demonstrates that the club is generally supportive of fan involvement.
Ok the points I would like to make:
1. Because BFUSA had commenced the building of Saintsational.com without IMO proper consultation with SS members, and because he posed the question re "not wanting to rule out selling advertising", I immediately become suspicious that there was a hidden agenda to commercialise the site and take away the free speach of the site and possibly be influenced by outside commercial entities including the AFL and club.
==> I did not commence building a site ... I put up a proposal on this site
==> It can be viewed here:
viewtopic.php?f=30&t=81753
==> It was put up to gain the opinions of posters (ummm isn't that consultation)
==> I had no power to do anything at the time as I was not an administrator
==> "not wanting to rule out selling advertising" is a misquote and out of context (see previous answers above)
==> I have no control over Cairnsman's (or anyone's) suspicions
==> there is NO hidden agenda to commercialise the site (how many times must I say that?)
==> there is a specific free speech rule and posters are free to post what they want (this has never changed) but they also take responsibility for what they post
==> HOWEVER like any forum contributions should be made with other rules in mind for the harmony of the forum AND to remain within legal boundaries
==> for the reasons of harmony and legality, the moderators have the right to remove, edit, move etc posts posts that overstep the mark (and always have had that right)
==> every poster agrees to that when they originally registered to join Saintsational AND it remains within the rules of the forums
==> how or why would the AFL or club want to influence us suddenly after 15+ years UNLESS we do something against their interest and YES they then can shut us down
==> our past experience has been that the club has been really supportive and involved with the site / fan forum and even helped us raise funds etc - why would it change?
2. I have always made it clear to BFUSA that I am not opposed to his ideas to commercialise the site provided we can put something in place that protects the site's independence.
==> I have never AND never had any idea or intention to commercialise Saintsational (how many times do I need to say this?) and this is an accusation that disgusts me
==> Saintsational is independently owned (by Damien) and thus is protected and is independent to the club and the AFL
This suggestion lead to ownership discussions and also the claim by BFUSA that there is nothing we could do to protect our independence because we are already at the mercy of the club and AFL. He claimed this by suggesting we already break copyright and licensing agreements.
==> 100% fact. The AFL have used this to shut down 2 fan forums in the past. I have provided Cairnsman to the newslinks covering the occurance and how they were shut down through the AFL removing their rights to use AFL owned trademarked property AND I certainly do not want this fate for Saintsational
I claimed that this would be easy to tidy up. An example of a potential breach is various imagery used in avatars such as the avatar BFUSA uses. Now I wonder what the outcome would be if we tested the waters and run a vote that poses the following question: If the club or AFL threatened to shut us down because of a breach such as imagery in avatars would members vote to remove the breaches and protect their desire to speak and operate freely without influence from the AFL or club?
==> Is it better to prevent the AFL wanting to shut us down (i.e. prevent ourselves from acting against their interests) OR removing all trademarked property in a pre-emptive move to allow us to then gleefully post and act against the AFL e.g. provide phone numbers for umpires so we can all call and complain? What would need to be removed - lets start with the banner. The two player images and their names would need to be removed. Any use of the jumper, logo, name St.Kilda Football Club, St.Kilda Saints or AFL Saints would need to be removed from the site whether put up by admin or posted by a poster. Moderators would need to remove each posting that posted these things. Impossible and futile. We have NO NEED to do any of this because the AFL and club allow us to use their trademark property on the understanding we will do our best to ensure that we do not act in such a way that is horrifically against the fundemental interests of the AFL ... for example coordinate a campaign against an umpire. They allow and strangely welcome criticism of the AFL in these forums as they monitor them to gain an insight into the way fans are feeling on various issues. This will not change.
3. Throughout a very lengthy debate between BFUSA and myself, BFUSA made it clear that he agreed the site was owned by all of the members and also made it clear that Damien and Battye had long abandoned the site. I and many concluded their contribution of value and money to the site was minimal by comparison to that of the many dedicated and passionate long time posters over a very long period. BFUSA was making it very clear that one of his main objectives was to eliminate or dilute the impact of posters he labelled the "toxic" and "nutjobs" and also develop a relationship with the AFL/club with Saintsational.com being the vehicle. I argue that there is plenty of club/AFL endorsed/run internet product and that creating Saintsational.com would only eventuate to another bland and sanitised AFL product.
==> I believe the posters have ownership as describved several times (we can contribute our thoughts and make community decisions) and we should take ownership of our contributions AND we own our own individual posts BUT Saintsational is owned by Damien.
==> Damien did not abandon ownership - he appointed an administrator - battye
==> battye did abandon his role as administrator and let the the site fall into a lack of moderation (as the moderators also abandoned their role) due to abuse
==> any monetary contributions made were DONATIONS not share purchases and Damien retains ownership
==> I am not hiding from the fact that I want to moderate to ensure the rules (that already existed) were and are enforced properly
==> i want no poster eliminated
==> i want no poster diluted
==> I do (and did) want the abuse / bickering / bullying to stop
==> In the most part it has
==> The community is thriving as a consequence
==> Just about every night this week around 9pm there was over 120 people reading saintsational
==> I want (and wanted) toxic posting to stop
==> I am not sure that I ever called anyone a "nutjob" but i stand to be corrected (hopefully it was well deserved)
==> Asking the club for support for a fan site is a LONG WAY from handing it over to them ... if that was the case then this could have happened years ago
4. Some random side points: the fact that I can say c*** on this website proves that we are a different and viable product. We have near-on 5000 members which is a decent audience and I am sure that point is not lost on BFUSA who clearly understands commercial mechanisms.
==> Of course you can currently say that word on here BECAUSE the community decided that it was acceptable
==> Do I or others agree? Irrelevant! Because that is what the majority decided and as admin we instigated and the moderators moderate to
==> We had almost 5000 members BEFORE using the word (given it is masked by the swear filter) was allowed on the site
==> The very mechanism that allows that word to be used now, may lead to it not being allowed in the future
==> If a change is proposed and the community wants it to change, then admin might change it
==> whether we had 500 or 5000 members is irrelevant
==> there is NO commercial outcomes here
==> we are our own community
==> Saintsational is NOT a product
5. Now in my firm belief based on the above type of discussions, statements and claims, the very late backflip by BFUSA to claim/re-introduce Damien as the rightful owner of the site was only because he was losing the debate on independence. There were many good suggestions on how to set up a democratically elected administration, one even by BFUSA, (seven man board). There would be so many ways to set up a management system that was democratic and had integrity and wasn't just a corruptly elected admin by popularity vote (BFUSA's words, not mine). We even started going down this road lead by BFUSA before he left on compassionate leave. Then the backflip.
==> Let's be clear here.
==> I was made admin on Feb 3 by battye handing over the reigns with Damien's blessing
==> until then I had no contact on these matters with Damien because that was not my role (it was battyes)
==> Cairnsman insisted that if Damien was owner that he be contacted to ask for this to become a voting democracy
==> cairnsman asked damien come onto the site and debate him
==> I contacted Damien
==> he made clear his intentions for Saintsataional
==> He came on to deal with the tech issues
==> He posted during that period
==> He decided not to take it further
==> He allows admin to manage the site
==> That is what i am doing
Forget the argument of ownership for a moment...red herring...why can't we make a formal declaration of independence and make it so that no matter what our dealings, the most valued and protected commodity of this site is it's independence.
==> ownership is not a red herring
==> Damien owns Saintsational
==> Saintsational is independently owned (by Damien)
==> The posts made by posters are owned by THEM
==> The forum rules declare:
===> EDITORIAL CONTRIBUTION DISCLAIMER: The editorial opinion or contributions of the individual posters in no way constitutes the view of the Saintsational website or it's fan forums, or it's administrators, moderators, or voluntary personnel.
Make a formal declaration of independence that is ratified by the owner(s) and implement it in a way that protects the site from legal implications.
==> Not sure how a "declaration of independence" (ratified or not) protects the site from legal implications in regards to cyber-bullying, trademark impingement, liable/slander etc, so perhaps someone with a qualified legal mind could explain this to me ... I am certainly open to be educated by qualified legal experts with legitimate professional advice
Get some progress on this and then maybe we get some progress on how to have a proper democracy.