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propworx-email [2016/09/10 11:29] – [U.S. Law] adds Bawden comments Carlos Pedrazapropworx-email [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 ====== Donors Complain Company Spammed Using Axanar List ====== ====== Donors Complain Company Spammed Using Axanar List ======
 {{TOC}} {{TOC}}
 +<WRAP>
 +//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 +</WRAP>
 +
 In a move that may have run afoul of federal and international laws, and the terms of use of other online services, [[Axanar Productions]] appeared to have lent or sold its donor mailing list to another company to advertise an upcoming auction of props and costumes. In a move that may have run afoul of federal and international laws, and the terms of use of other online services, [[Axanar Productions]] appeared to have lent or sold its donor mailing list to another company to advertise an upcoming auction of props and costumes.
  
 Following an email announcement Friday, September 9, 2016, that it was launching a new [[new_ares_digital|software platform]] to manage donors' shipping information to deliver [[perks|long-delayed perks]], donors reported receiving a separate email from Propworx, a third-party company. Following an email announcement Friday, September 9, 2016, that it was launching a new [[new_ares_digital|software platform]] to manage donors' shipping information to deliver [[perks|long-delayed perks]], donors reported receiving a separate email from Propworx, a third-party company.
 +
 +The following day, Axanar's spokesman admitted the production [[#Axanar Spokesman: 'Wasn't the Right Way' |erred]] in sending the email.
  
 [{{ :propworx.jpg?300|**ADVERTISEMENT** for a Propworx auction held earlier in 2016.}}] [{{ :propworx.jpg?300|**ADVERTISEMENT** for a Propworx auction held earlier in 2016.}}]
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 ==== Axanar's Financial Interest  ==== ==== Axanar's Financial Interest  ====
  
-According to Peters, a portion of the proceeds from all Propworx Star Trek-related auctions — "as always" — goes back to Axanar Productions,(({{::propworx-proceeds.jpg?linkonly|Alec Peters post}}, Facebook Axanar Fan Group, 9/10/16.)) indicating the consideration the auction company offered the production in exchange for access to its donors' private information.+According to Peters, a portion of the proceeds from all Propworx Star Trek-related auctions — "as always" — goes back to Axanar Productions,(({{::propworx-proceeds.jpg?linkonly|Alec Peters post}}, Facebook Axanar Fan Group, 9/10/16.)) indicating the consideration the auction company offered the production in exchange for access to its donors' personal information. 
 + 
 +<WRAP right round box 50%> 
 +//**__« There are right ways and wrong ways to go about using email solicitations … this wasn't the right way to do it. »__**// — //Axanar spokesman Mike Bawden// 
 +</WRAP> 
 + 
 +=== Auction as Fundraiser === 
 + 
 +<wrap em>UPDATE</wrap> After the auction, Peters contradicted his spokesman, saying he hadn't spammed the Axanar donors list at all: 
 + 
 +> For the record, no one gave anyone’s [email] info to a third party. That is a lie. The email about the Propworx Star Trek auction was sent out from the Axanar Productions Constant Contact account as Propworx is my company and the auction was a fundraiser for Axanar. I donated over $35,000 from that auction to Axanar.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14574696#comment-14574695|Alec Peters post, Star Trek Axanar Kickstarter project]], 10/4/16.)) 
 + 
 +Further, he claimed the auction [[no_refunds#shifting donation amounts|produced profits]] of $20,000, all of which he said he donated to Axanar. Then he claimed it was $35,000, then $40,000.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14622373#comment-14622372|Alec Peters post to Star Trek Axanar Kickstarter project]], 10/9/16.)) 
  
 ===== Applicable Laws and Regulations ===== ===== Applicable Laws and Regulations =====
  
 Based on user complaints received by **AxaMonitor**, the Propworx email may have violated the following laws, regulations and terms of service: Based on user complaints received by **AxaMonitor**, the Propworx email may have violated the following laws, regulations and terms of service:
- 
-[{{ :propworx-email.jpg?nolink|**CONSTANT CONTACT** Axanar may have violated the anti-spam policy of its bulk email provider by sending its donors unsolicited advertising.}}] 
  
   * The U.S. federal [[wp>CAN-SPAM_Act_of_2003|CAN-SPAM Act of 2003]].   * The U.S. federal [[wp>CAN-SPAM_Act_of_2003|CAN-SPAM Act of 2003]].
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 > I've raised my concerns with Alec about this. There are right ways and wrong ways to go about using email solicitations to stay compliant with the CAN-SPAM regulations and in my opinion, this wasn't the right way to do it.((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.)) > I've raised my concerns with Alec about this. There are right ways and wrong ways to go about using email solicitations to stay compliant with the CAN-SPAM regulations and in my opinion, this wasn't the right way to do it.((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.))
 +
 +[{{ :propworx-email.jpg?nolink|**CONSTANT CONTACT** Axanar may have violated the anti-spam policy of its bulk email provider by sending its donors unsolicited advertising. It also misspelled 'tomorrow' and got the month of the auction date wrong.}}]
  
 === 'No Adverse Effect' === === 'No Adverse Effect' ===
  
-Bawden noted that the number of spam complaints received so far from the Propworx mailing fell "well under the threshold for email campaigns I've worked on (I manage dozens … a month)." Based on that experience, he said he didn't believe Axanar Productions or Propworx would suffer "an adverse impact."((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.))+Bawden noted that the number of spam complaints received so far from the Propworx mailing fell "well under the threshold for email campaigns I've worked on (I manage dozens … a month)." Based on that experience, he said he didn't believe Axanar Productions or Propworx would suffer "an adverse impact."((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.)), adding: 
 + 
 +> I've briefed everyone involved in this incident as to what was done wrong, the possible ramifications of violating the CAN-SPAM rules and established that any further use of the Axanar Donors list for email communication needs to be discussed with everyone on the team. I've been given assurances that what happened was a mistake and won't happen again. I consider this matter closed at this point.((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/12/16.))
  
 === Disillusioned People === === Disillusioned People ===
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 Bawden speculated the complaints received by **AxaMonitor** came from "people who are already disillusioned with Axanar Productions already and would complain no matter what communication they received."((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.)) Bawden speculated the complaints received by **AxaMonitor** came from "people who are already disillusioned with Axanar Productions already and would complain no matter what communication they received."((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.))
  
-=== Never Again ===+[{{ :terry-headshot.jpg?nolink&175|Former Axanar technologist **Terry McIntosh** says donors have been spammed before.}}] 
 + 
 +=== Earlier Incidents === 
 + 
 +Former Axanar chief technologist [[Terry McIntosh]] said the Propworx email was only the most recent example of unsolicited marketing aimed at Axanar donors despite complaints from the recipients:
  
-Even so, he said, "the Axanar Donor List won't be used this way again."((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.))+> Just so folks are clear on this, this is not the first time Propworx has spammed the Axanar donor lists which are loaded in the same Constant Contact account. It's been done for every Star Trek auction they've had since Alec fired the company back up from bankruptcy last year. You should have seen some of the "safeunscubscribe" comments that were made in the various times the donor rolls were spammed. Some comments were offensive even to me and I'm often the poster child for offensive.(([[face>groups/CBSvsAxanar/permalink/1302520596425974/?comment_id=1302838783060822&comment_tracking=%7B%22tn%22%3A%22R2%22%7D|Terry McIntosh post to CBS/Paramount vs. Axanar Facebook group]], 9/10/16.))
  
 +In a related note, McIntosh said he's considering [[new_ares_digital|legal action]] against Axanar for their use of the name Ares Digital, which he claimed for the now-discarded fulfillment software he developed.
 ==== U.S. Law ==== ==== U.S. Law ====