Hellkom ? Where did our money go?

Karnaugh · Sep 16, 2004

Just wondering, it seems Hellkom has faded away. What is the status of said "Legal action" that Telkom is/was taking against them.

Where is the money people donated, and what is its intended use if Telkom are not suing.

- Colin Alston
[email protected]

"Getting traffic shaping right is easy and can be summed up in one word: Dont." -- George Barnett

MaD · Sep 16, 2004

Hellkom most definitely hasn't faded away, the hits are solid & the site receives a lot of visitors every day.. As for the legal, Telkom has been dead quiet so who knows... The money donated is in a bank account owned by a CC and the intended use if not for legal fees is explained on the site's front page.
By the way there will be a spread on Hellkom in the October issue of SL magazine.

Where others have progress, we have Telkom.
Hellkom website - www.hellkom.co.za

donn · Sep 16, 2004

Hellkom is doing a sterling job, and frankly after the "big bang" announcement the case is probably on the back burner as Telkom copes with bigger issues.

If I was a lawyer at Adams & Adams I would be hoping not to hear from Telkom in relation to this matter. What has happened up till now is hardly flattering. Also, I think they may be waiting for the result of the Laugh It Off vs SAB case.

<hr noshade size="1">
Donn Edwards

Why is ADSL like a Cheeseburger? Find out at http://privacy.4mg.com

“Free-market advocates often warn that the only thing worse than a state-controlled monopoly is a privatised one.”

MaD · Sep 16, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by donn
 Also, I think they may be waiting for the result of the Laugh It Off vs SAB case.
<hr height="1" noshade id="quote"></blockquote id="quote">
The difference here is I'm not making money from anything though... never intended to and there have been numerous other logos in the press which were also modified..

Where others have progress, we have Telkom.
Hellkom website - www.hellkom.co.za

Karnaugh · Sep 16, 2004

I just thought it would be in everyones intrests if we could be sure of what happens to it, to ensure that it is not missused.

Thanks for the reply.

- Colin Alston
[email protected]

"Getting traffic shaping right is easy and can be summed up in one word: Dont." -- George Barnett

MaD · Sep 16, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Karnaugh
 I just thought it would be in everyones intrests if we could be sure of what happens to it, to ensure that it is not missused.
<hr height="1" noshade id="quote"></blockquote id="quote">
Excellent vote of confidence there, thanks. If you did donate anything and you want it back, please say so.

Where others have progress, we have Telkom.
Hellkom website - www.hellkom.co.za

SK33T · Sep 16, 2004

Mux · Sep 16, 2004

MaD, the value obtained from the information from your site will offset any donation that was made.[

]
I must compliment you on the contents. You show the guts and determination - WELL DONE!

lewstherin · Sep 16, 2004

Karnaugh I know we live in a country of crooks, but I think you're being a bit anal here. As MaD clearly states on his website - as he has since he started the war chest fund - the money will go to charities if not used to kick Telkom's ass around a court room...

MaD maybe to put ppl like Karnaugh's mind at rest, when/if you end up not having to go to court, then you should make a public event out of your donating the money contributed to the charities. Hell you could even invite some MyADSL'ers along for the occasion [

].

I bet you would end up giving more money to charity than Telkom ever did [

]

Telkom needs a leash, ICASA needs some guts, and the SA consumer needs to make it happen

donn · Sep 16, 2004

The verdict from the Laugh it Off case is in.

<blockquote id="quote">quote:<hr height="1" noshade id="quote">from Business Day:
It is illegal to caricature the Carling Black Label trademark for commercial gain, the Supreme Court of Appeal has ruled.

The court upheld an interdict against Laugh It Off Promotions, obtained by South African Breweries (SAB) in the Cape High Court.

Laugh It Off had been selling T-shirts emblazoned with the trademark but substituting the words "Black Labour, White Guilt" for "Black Label, Carling".

This was detrimental to the value of the trademark, the court held.

The court pointed out that Laugh It Off was free to caricature the trademark non-commercially. It was also free to proclaim its message "Black Labour: White Guilt" without using the trademark.

However, the company was not entitled to gain financially out of a detrimental exploitation of the trademark.

During the hearing Laugh It Off's counsel said there was no evidence that the T-shirt had caused detriment to the Black Label mark.

Evidence from the Freedom of Expression Institute had stated that "the essence of parody was that you borrow from someone else".

However, SAB's lawyers said parody was intended to "appear comical or ridiculous" and this would impact on the reputation of the brand.
<hr height="1" noshade id="quote"></blockquote id="quote">

So basically I think Telkom's "Trademark Infringement" case is in tatters, since Hellkom is not making any commercial gain. The M&G has the same story from SAPA.

Viva, MaD, Viva!

Personally I took great delight in using some of my Vodacom airtime to subsidise the legal fund. And the publicity it generated was worth every cent. After all, the artwork was used to make a point, and it has well and truly been made. Humour is often the best weapon.

I just wish the people at Telkom would be man enought to admit that they overstepped the mark and acted like bullies. But if they did that they'd also admit they have been screwing the public for years. In this case their silence is deafening.

MaD, why not give Jan Stander a friendly call? [

]

LethalChicken · Sep 16, 2004

I really wouldn't lose any sleep about any of MaD's alleged misuse of funds ... if we want to look at funds misuse just look at your latest phone bill .. Some pple here have supported MaD in his struggle and I applaud them .. bu tthe rest of us (those who have paid our phone bills) are all paying for those lawyers who will be trying to shut him down ...

We are Telkom - Resistance is Futile - You will be Assimilated

BTTB · Sep 17, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">I just wish the people at Telkom would be man enought to admit that they overstepped the mark and acted like bullies. But if they did that they'd also admit they have been screwing the public for years. In this case their silence is deafening.<hr height="1" noshade id="quote"></blockquote id="quote">

And with the Governments permission.

<hr noshade size="1">You can take Telkom out of the Post Office but you can't take the Post Office out of Telkom.

Ditch · Sep 18, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by donn
So basically I think Telkom's "Trademark Infringement" case is in tatters, since Hellkom is not making any commercial gain.
<hr height="1" noshade id="quote"></blockquote id="quote">
Telkom never had a case to begin with, and they must have known this from the start. Trademark law is not vague, it's pretty clear on this and none of the issues are new legal issues. So I highly doubt they waited for any verdict of anything. The purpose of this type of "legal bullying" is just intimidation, i.e. to scare people into shutting down sites. Telkom no doubt knew that they'd lose if this ever went to court, but they bet on it not going to court. Big companies send out threatening lawyer letters knowing that 99% of their victims can't afford to (or don't want to) take the issue to court so rather shut down their sites. Going to court would also mean a LOT of damaging press that draws much more attention to the 'offending site', and even worse if/when they lose. I think Telkom backed down a bit because they saw that Hellkom wasn't going to just crawl under a rock and go away, i.e. that Hellkom could possibly have gotten enough legal backing and funding to put up a proper defence. So my guess is they've decided to keep quiet now, as this also ensures that the press takes less notice of the Hellkom site. Or perhaps it's also a case of the "Hellkom-related bad press" being negligible at the moment compared to the bad press their lay-off-7000-workers-plan is causing, especially at a time when they may be facing competition for the first time.

Nom Chompsky · Sep 18, 2004

Karnaugh is very suspistious person. He doesn't beleive any1 except himself.

If you didn't have a vote of confidence then why did you put money in?

Karnaugh get a life and trust MaD.

d0b33 · Sep 18, 2004

if it were not for hellkom and other sites such as myadsl, telkomsucks etc we would not be as lucky as we are now having competition for telkom arriving so soon.

so i dont have a prob donating to hellkom

btw thumbs up for the new look hellkom MAD

SK33T · Sep 19, 2004

Why is this post under Anouncments anyway?

Karnaugh · Sep 19, 2004

<blockquote id="quote">quote:<hr height="1" noshade id="quote">if it were not for hellkom and other sites such as myadsl, telkomsucks etc we would not be as lucky as we are now having competition for telkom arriving so soon.<hr height="1" noshade id="quote"></blockquote id="quote">

Dont be so naive.

All I asked was a little transparency. I did not imply that MaD would run off with anyone's money.

- Colin Alston
[email protected]

"Getting traffic shaping right is easy and can be summed up in one word: Dont." -- George Barnett

WretchedToadll · Sep 19, 2004

aaaargh!!

Well least u give us a laff here Karnaugh !!! U got the bullet out ure foot yet? heheh[

]
quote : "I just thought????" eeeeek ! lmao [}

]

Yours in awe,

WretchedToad x

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Karnaugh
 <blockquote id="quote">quote:<hr height="1" noshade id="quote">if it were not for hellkom and other sites such as myadsl, telkomsucks etc we would not be as lucky as we are now having competition for telkom arriving so soon.<hr height="1" noshade id="quote"></blockquote id="quote">

Dont be so naive.

All I asked was a little transparency. I did not imply that MaD would run off with anyone's money.

- Colin Alston
[email protected]

"Getting traffic shaping right is easy and can be summed up in one word: Dont." -- George Barnett
<hr height="1" noshade id="quote"></blockquote id="quote">

Karnaugh · Sep 19, 2004

You seem to forget who I am.

- Colin Alston
[email protected]

"Getting traffic shaping right is easy and can be summed up in one word: Dont." -- George Barnett

d0b33 · Sep 21, 2004

naive? [

!]

i was just adding my 2 cents
i never said that you were impliying that money would be misused

i think its naive to start a topic called "Hellkom ? Where did our money go?"
when it clearly states on the site that "Any proceeds not used for legal fees will be donated to the SPCA and Nkosi's Haven"

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by Karnaugh
 <blockquote id="quote">quote:<hr height="1" noshade id="quote">if it were not for hellkom and other sites such as myadsl, telkomsucks etc we would not be as lucky as we are now having competition for telkom arriving so soon.<hr height="1" noshade id="quote"></blockquote id="quote">

Dont be so naive.

All I asked was a little transparency. I did not imply that MaD would run off with anyone's money.

- Colin Alston
[email protected]

"Getting traffic shaping right is easy and can be summed up in one word: Dont." -- George Barnett
<hr height="1" noshade id="quote"></blockquote id="quote">

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