799 karma · joined April 22, 2024
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If Musk’s ideological experiment with Twitter had proven the idea that you can have a pleasant to use website without any moderation then Mark’s philosophical 180 would at least make sense, but this doesn’t, at all. What’s to gain? Musk has done everyone a favor by demonstrating that moderation driven by a fear of government intervention was actually a good thing.
If you're unable to find a lawyer, contact the court directly to seek advice on responding: you should be able to file a response yourself.
That said, keep in mind, if the person chasing you is willing to hire a lawyer to file in California, they're probably not going to stop pursuing you. They'll file again and again for different reasons in different jurisdictions. Cloudflare have your identity and will give it up every time they are asked to by a court, it doesn't take much for an enterprising adversary to get access to it.
At a minimum, get off Cloudflare immediately.
Cloudflare do not guarantee protection against your identity being discovered when the law is involved, they are not a service for anonymity against the law. You will need to make peace with your identity being revealed. Although too late now, there are other options for publishing online with anonymity.
The key to negotiation is being able to walk away. Start signalling that you’re willing to leave the company while holding on to the 49% and voting shares. That’s bad for him.
You could stand firm on 5% + 60k by telling him that’s your final offer, or you could present an alternative, e.g: you want your 30k cash back and you want equity, start at 10% equity but you’ll “give up” each 1% for 15k. If he wants you to walk away with 1% equity then he pays you 15k * 9 for the other 9%. If he’s already expecting to give you 60k, he’ll probably work out 30k + 2% = 60k and start thinking my maybe it’s a good deal, then he can negotiate himself down to whatever percentage he wants you to have. Change 15k with whatever number works for you.
That said, if walking away with the 60k is crucial and he’s a good negotiator then you probably can’t “win” and should just take the 60k + 1%.
They're not contradictory. The deal you've been offered is good and fair. However, you could take an adversarial position and squeeze your co-founder for a lot more if you're willing to sacrifice the company's wellbeing for your exit, e.g: you brought on the team and manage them, you could leverage that influence to poison them against your co-founder, the threat of you doing that would likely push up the buyout offer.
Take the 60k, push up the 1% to 5% (as that isn't going to adversely impact the company) and move on.
Providing your customers with their own database in your environment is a method for segregating their data and ensuring that there's no unintentional co-mingling of their data with other customers (which is a common problem in a multi-tenant environment) but it does not protect the customer data from being accessed by you: if code you are executing can access the data, then you can access the data.
Reading between the lines ("a large portion of my possible clients seemed to be happy with the idea of the solution I provided") it sounds like my initial understanding of the situation was incorrect: I thought that you had been asked to build this specific architecture by your clients but it sounds like it's the opposite: you've had an idea, come up with an architecture and then validated that idea with potential clients by describing the architecture? Is that correct?
If that's the actual situation, I think this is a much simpler problem to solve. Architecture is architecture, it isn't a part of the solution, it's a means to an end. There are a very small number of clients who may have strict security/compliance requirements that do necessitate this sort of complexity (which is where self-hosting comes in) but for the majority of clients, how the product works is immaterial, they care only about the results.
Realising that you've made a terrible mistake when building a system using the architecture you designed 6 months ago is a rite of passage, it is the process: every vision you have today for how your system will work is probably going to be wrong 6 months from now. That's completely normal, you will learn more about how your system should work in 1 month of building than you would in 6 months of planning.
Try to take a step back from thinking about architecture. One of the biggest dangers when working on an early stage technology product is committing yourself to a technical direction that then dictates the product direction. If, for example, you decide today to build a system that in which clients self-host the database that your code accesses, and then you decide you want to build a feature that requires 10x as many queries to the database, oops, you can't build that, because it would require your clients upgrade their self-hosted database resources, and getting them to do that will be all but impossible.
If you want to share more about your idea, I can outline some ideas about how I might approach building it in a cheap way that allows for validating the idea. There are exceptions but nowadays, given the maturity of the software development space, most ideas can be built and launched to validate with real customers in 1 month. If your vision for how you'll build something requires, 3, 6 or 12 months to get customers using it, it's probably over complicated.
The entire point of Honey is that it is activated at checkout: how else could it work?
Also ask yourself about the merchants involved: did NordVPN know about the relationship between Honey and affiliate commissions? Of course, they were paying Honey too. And yet NordVPN chose to use last-click attribution for deals with influencers.
* Affiliate marketing attribution is understood to be imperfect, the best effort nature of it is priced in to the commissions
* Affiliate marketing uses multiple attribution strategies with varying trade-offs including coupon codes (e.g: "use code INFLUENCER at checkout for a 10% discount") vs. links ("click the link in my description") because of the imperfect nature
* Affiliate marketing is adversarial, all of these influencers have "stolen" attribution from each other
As Honey will have no problem proving:
* The advertisers (e.g: NordVPN) understand that affiliate marketing attribution is not an exact science, that n sales driven by an influencer does not translate to n affiliate commissions, and that the amount they offer to influencers per sale accounts for that
* The agencies that work on behalf of influencers to negotiate deals with advertisers understand the challenges of attribution and have negotiated based on this imperfect art of attribution
* The agencies/influencers/advertisers choose whether to engage in affiliate marketing by weighing up the benefits of being paid per sale vs. being paid per video or views
* There will be pages and pages and pages of emails within these influencer agencies where discussions have taken place on the choice to use affiliate marketing based on the audience of a video, e.g: link based affiliate marketing is less effective for an audience that watches videos on TV, vs. an audience primarily watching the video on a computer
* Honey was not receiving an equivalent rate to what the influencers were receiving, the influencers would not have earned their per sale commission x the number of sales if Honey had not captured the attribution (which demonstrates that this is all priced in)
Maybe PayPal will settle but given the harm this drama has caused to the Honey business, I doubt they have any intention of doing so.
Honey's business model has always been obvious to anyone with any understanding of affiliate marketing, their innovation was that they created a browser extension: that's it. Coupon code websites were doing exactly the same thing for decades before, retailmenot being the one we're probably all familiar with from the early 2000s.
The claim that these influencers have lost affiliate commissions because Honey's method is true but it's also true that these influencers are losing affiliate commissions to one another. Amazon is the preferred e-commerce platform for affiliate marketing because they are extremely generous with how they attribute: if you click an Amazon affiliate marketing link and then make any purchase in the next 30 days the affiliate will get paid regardless of whether they were advertising the product you bought or not. And guess how Amazon attributes? Last click!
If Influencer A includes an affiliate link for "Expensive Camera" and Influencer B includes an affiliate link for "Cheap Toy" and you click on "Expensive Camera" then click on "Cheap Toy" and then buy the expensive camera, Influencer B is getting paid for that purchase expensive camera purchase, despite Influencer A influencing you to buy it.
Affiliate marketing is adversarial, it's a fight for attribution at the expense of everyone else. Holding Honey to a different standard isn't going to work for them. Wilful ignorance of how a company operates isn't a defence against being harmed by them, it's embarrassing.
The worst examples are low-margin businesses that have high churn, e.g: food subscription boxes. Hello Fresh etc have extremely high churn so they’re paying advertisers orders of magnitude more than they make per sale. That’s why they’ve moved from “free trial” offers to things like “free desert for the lifetime of your subscription” to spread the cost of the offer over the lifetime of the subscription (but even that doesn’t make the model profitable).
Rule of thumb: when advertising via influencers (YouTube, podcasts etc.) assume you will receive a single payment from each customer before they churn. If the first (and only) payment the customer makes doesn’t cover the advertising cost (and operating costs) it’s a very bad idea. Free trials are the worst option because it’ll go from 1 payment to 0 payments.
Something to keep in mind is that some clients are not operating in good faith, their goal isn't to work together to find a solution but to present roadblocks. The reasoning can be complicated, perhaps there's internal politics around which solution to use, perhaps your solution is receiving pushback because it's not the preferred solution of one stakeholder. You'll probably never know the true motivations, it's important not to get caught up in engineering a solution to a problem that doesn't really exist.
You've mentioned that the data you need access to is code: GitHub is a perfect comparable. GitHub's cloud service is used by the majority of companies with code, in fact, I'd guess even your clients are using GitHub's hosted services. If the problem is that your company doesn't have the reputation necessary to give these clients confidence that you can securely manage their code, that may just be a sign that right now, these clients aren't the right fit for you, and you should work with less antsy clients until you have built up the credibility.
Yes, if you use a bad password manager that is fundamentally flawed (like LastPass) then all bets are off but that's not an argument against the principle of storing 2fa codes alongside passwords in a password manager.
I doubt there's a single Bitwarden user on earth who has ever suffered a security incident because they store their 2fa codes in Bitwarden, that's how inconsequential this risk is.
edit: after reading Recruiter.com's investor filings (as they're a public company) the acquisition of Bench is going to kill them. The founder has gone hog wild on acquisitions despite having barely enough income to support them. It's a tale as old as time: a medium successful company goes public and starts issuing shares to fund acquisitions at a rate far outpacing the business growth and suddenly, one day, the music stops and everything comes crashing down.
We were bench customers until a few months ago, paying thousands of dollars per year for what could only be described as hundreds of dollars worth of service. The service was not very good so moving away was an easy choice but on a per-customer basis they must be making money hand over fist.
I expect we'll find out more eventually, hopefully employees will leak some insight. For now, this is inexplicable.
Rightly or wrongly, limited companies in the UK provide a high degree of protection for wrongdoing. Defrauding HMRC out of hundreds of thousands of pounds and suffering no consequence is happening day in day out. An Ofcom fine is nothing by comparison.
I sympathise with the OP because at some point everyone becomes too old to deal with the headaches of running a community. I have no opposition to their choice to shut down the forum. I just don't believe liability as a result of the new bill is the reason.
edit: removed unintentional deadnaming