As promised, here is a complete record of correspondence from August 2nd, 2008 through August 22nd, 2008 between WidgetLaboratory and Ning.
Ning has premised their shutdown of WidgetLaboratory solely on the basis of "unduly degrading the performance of the Ning platform." It is our position that there was no warning of any such degrading prior to the termination notice (which was sent after the termination had been completed). Any prior mention of TOS issues had solely to do with whether WidgetLaboratory was entitled to utilize member login information in order to support its customers and products.
Please notice the August 7th communication from Ning to WidgetLaboratory, where there is no warning as to any imminent or future shutdown. The last we heard, Jason Rosenthal was going to be contacting us about "business conversations" on the 15th of September. The next communication from Ning is on August 22nd, where their counsel informs WidgetLaboratory that we have already been shut-down.
Saturday, August 23, 2008
Important Announcement From WidgetLaboratory
We wish to extend another great "Thanks!" to everyone who has expressed their support and exercised patience and restraint. We realize that the financial and emotional strain of Ning's actions have caused many of you to be in a turmoil the last 24 hours, wondering "what will I do now?"
Since Ning took these aggressive and unwarranted steps, WidgetLaboratory has been working tirelessly to come up with immediate and satisfying SOLUTION for all of you. We are proud to announce that we have achieved success. Our primary focus has always been to provide the BEST customer support, AWESOME products, and a WELCOMING customer experience. Now that Ning's management has demonstrated for public scrutiny their means and methods, we are prepared to demonstrate ours. To wit:
1) All of WidgetLaboratory Source Code will be made publicly available and free to anyone to use under a Creative Commons License. We have created an easy-installation pack that will allow any Network Creator to use any of their previously purchased products on their own networks as before, and make any and all modifications and changes they wish, subject only to our retention of authorship rights and credit.
WHY should any of you suffer from Ning taking away our products? We worked very hard for the last eight months developing solutions that Ning would not. With over 100 million in Venture Capital and more than 99 employees, Ning was unwilling or unable to produce what two crazy dudes working out of a Castle in Bratislava were able to. IT'S YOUR SOFTWARE, so ENJOY IT! We believe that YOU have every right to use the products you paid for on your own network. If you are clever, we're sure you will also figure out how to make your own changes to our hard work and make your own "versions" as well. OUR PROMISE was to back our products 100%... and now we are doing just that;
2) WidgetLaboratory will be providing FREE MIGRATION TOOLS to anyone who wishes to use them. Not feeling too "comfortable" anymore having someone else hold the keys to your website and members? Ever think about the fact that some sites claim that you can "leave when you want" but then provide you NO MEANS to do so? Ever think about what it would be like to have YOUR Network UNPLUGGED after a year or more of hard work and hundreds or thousands of members all LOST? We have... we're living the nightmare. Anyone who wants to use our free migration tools will be able to do so at their own discretion;
3) Open Source "Safe Harbor" Site Creation for business and other professionals. Was your business and reputation put into jeopardy yesterday? Did you feel like an idiot having to explain to your clients and associates why your site looked like someone mixed it into a blender? Where did all those hours and hours of work and pages and pages of content go to when Ning pulled the plug?
WidgetLaboratory has received tremendous support from outside of the Ning community. The Social Networking "phenomenon" is not owned by Ning. Not by a long-shot. With the support of our new partners, and utilizing off-the-shelf options as well, we are now crafting a solution that will likely be a "safer" environment for anyone who does not wish to be subject to the whims of a hosting-company "executive decision".
We believe that our customers have the RIGHT to OWN their sites, OWN their site content, OWN their own code, and OWN the right to not be terminated, threatened or cajoled by ANYONE, especially a hosting-company executive.
Our new solution, for anyone interested, will employ the same creativity, fun, and focus on features that have become the hallmark of the WidgetLaboratory "brand". We will NOT be hosting your solution. We will NOT be acting as an intermediary. We instead will be providing you with multiple open-source sites upon which you can "plug and play" your social network and still have all the WidgetLaboratory products from today, as well as those that we create tomorrow. All the while you will have COMPLETE CONTROL over your own destiny and site. No one will be able to take that away from you or threaten to pull-the-plug for dubious reasons with no method or means for appeal.
4) We will be publishing the complete record of our relationship with Ning from start to finish for public scrutiny. Many of you have no "doubt" as to what took-place behind the scenes... but others are still not sure. We have stated all along that we were only maintaining our silence until such time as Ning's counsel elected to reconsider their position. We have always stated that Ning should have simply restored WidgetLaboratory and prevented the ongoing "harm" that it was causing to all of you, and THEN sit down with us to negotiate the business terms... which are the TRUE reason why we were removed. As you will soon read for yourself, from day one until we were unplugged, WidgetLaboratory has maintained our professionalism, respect for the Rules of Ning, obeyance of the Terms of Service, and submission to Ning's decisions. We were unplugged because of Anti-competitive concerns by Ning's management;
5) Choose your own destiny, make your own decisions. We are aware that Ning may now be offering up to six months of "free" premium service to any Network Creator who complains loudly enough or directly to Gina Bianchini. Not sure if this is true, but perhaps any of you can verify that for yourselves? Perhaps this would be an additional way to help compensate for the disruption of your business and personal networks?
We have also heard that Ning will be now "magically" producing tabs, pages, and a way for you to migrate out your WidgetLaboratory content as well. After more than a year of stating that this was not on their "roadmap", this is incredible news and fortuitous timing as well. Anything that restores some semblance of "control" to YOU as Network Creator is a good thing for everyone.
6) Damages are in Ning's court now. We stand ready, willing, and able to help anyone and everyone who needs the same. We are always available via email, telephone, or skype. Whether you decide to stay, or think it's time to leave, ultimately you have a friend in WidgetLaboratory. We are not "going away" anytime soon. In fact, Ning's actions may have been the best thing that ever happened to WidgetLaboratory and you. NOW the Emperor has been shown to be wearing no clothes... and Ning's actions will now face both public scrutiny as well as any resulting litigation or class-action suits that follow in order to restore you all to the position you were in before Friday morning. WidgetLaboratory intends to continue with our promise of 100% satisfaction as stated herein.
We welcome ANY and ALL questions, inquiries, and invitations to discuss the facts and details further. We are an open-book and have NOTHING to hide.
Spencer Forman
CEO & Co-Founder
WidgetLaboratory
Since Ning took these aggressive and unwarranted steps, WidgetLaboratory has been working tirelessly to come up with immediate and satisfying SOLUTION for all of you. We are proud to announce that we have achieved success. Our primary focus has always been to provide the BEST customer support, AWESOME products, and a WELCOMING customer experience. Now that Ning's management has demonstrated for public scrutiny their means and methods, we are prepared to demonstrate ours. To wit:
1) All of WidgetLaboratory Source Code will be made publicly available and free to anyone to use under a Creative Commons License. We have created an easy-installation pack that will allow any Network Creator to use any of their previously purchased products on their own networks as before, and make any and all modifications and changes they wish, subject only to our retention of authorship rights and credit.
WHY should any of you suffer from Ning taking away our products? We worked very hard for the last eight months developing solutions that Ning would not. With over 100 million in Venture Capital and more than 99 employees, Ning was unwilling or unable to produce what two crazy dudes working out of a Castle in Bratislava were able to. IT'S YOUR SOFTWARE, so ENJOY IT! We believe that YOU have every right to use the products you paid for on your own network. If you are clever, we're sure you will also figure out how to make your own changes to our hard work and make your own "versions" as well. OUR PROMISE was to back our products 100%... and now we are doing just that;
2) WidgetLaboratory will be providing FREE MIGRATION TOOLS to anyone who wishes to use them. Not feeling too "comfortable" anymore having someone else hold the keys to your website and members? Ever think about the fact that some sites claim that you can "leave when you want" but then provide you NO MEANS to do so? Ever think about what it would be like to have YOUR Network UNPLUGGED after a year or more of hard work and hundreds or thousands of members all LOST? We have... we're living the nightmare. Anyone who wants to use our free migration tools will be able to do so at their own discretion;
3) Open Source "Safe Harbor" Site Creation for business and other professionals. Was your business and reputation put into jeopardy yesterday? Did you feel like an idiot having to explain to your clients and associates why your site looked like someone mixed it into a blender? Where did all those hours and hours of work and pages and pages of content go to when Ning pulled the plug?
WidgetLaboratory has received tremendous support from outside of the Ning community. The Social Networking "phenomenon" is not owned by Ning. Not by a long-shot. With the support of our new partners, and utilizing off-the-shelf options as well, we are now crafting a solution that will likely be a "safer" environment for anyone who does not wish to be subject to the whims of a hosting-company "executive decision".
We believe that our customers have the RIGHT to OWN their sites, OWN their site content, OWN their own code, and OWN the right to not be terminated, threatened or cajoled by ANYONE, especially a hosting-company executive.
Our new solution, for anyone interested, will employ the same creativity, fun, and focus on features that have become the hallmark of the WidgetLaboratory "brand". We will NOT be hosting your solution. We will NOT be acting as an intermediary. We instead will be providing you with multiple open-source sites upon which you can "plug and play" your social network and still have all the WidgetLaboratory products from today, as well as those that we create tomorrow. All the while you will have COMPLETE CONTROL over your own destiny and site. No one will be able to take that away from you or threaten to pull-the-plug for dubious reasons with no method or means for appeal.
4) We will be publishing the complete record of our relationship with Ning from start to finish for public scrutiny. Many of you have no "doubt" as to what took-place behind the scenes... but others are still not sure. We have stated all along that we were only maintaining our silence until such time as Ning's counsel elected to reconsider their position. We have always stated that Ning should have simply restored WidgetLaboratory and prevented the ongoing "harm" that it was causing to all of you, and THEN sit down with us to negotiate the business terms... which are the TRUE reason why we were removed. As you will soon read for yourself, from day one until we were unplugged, WidgetLaboratory has maintained our professionalism, respect for the Rules of Ning, obeyance of the Terms of Service, and submission to Ning's decisions. We were unplugged because of Anti-competitive concerns by Ning's management;
5) Choose your own destiny, make your own decisions. We are aware that Ning may now be offering up to six months of "free" premium service to any Network Creator who complains loudly enough or directly to Gina Bianchini. Not sure if this is true, but perhaps any of you can verify that for yourselves? Perhaps this would be an additional way to help compensate for the disruption of your business and personal networks?
We have also heard that Ning will be now "magically" producing tabs, pages, and a way for you to migrate out your WidgetLaboratory content as well. After more than a year of stating that this was not on their "roadmap", this is incredible news and fortuitous timing as well. Anything that restores some semblance of "control" to YOU as Network Creator is a good thing for everyone.
6) Damages are in Ning's court now. We stand ready, willing, and able to help anyone and everyone who needs the same. We are always available via email, telephone, or skype. Whether you decide to stay, or think it's time to leave, ultimately you have a friend in WidgetLaboratory. We are not "going away" anytime soon. In fact, Ning's actions may have been the best thing that ever happened to WidgetLaboratory and you. NOW the Emperor has been shown to be wearing no clothes... and Ning's actions will now face both public scrutiny as well as any resulting litigation or class-action suits that follow in order to restore you all to the position you were in before Friday morning. WidgetLaboratory intends to continue with our promise of 100% satisfaction as stated herein.
We welcome ANY and ALL questions, inquiries, and invitations to discuss the facts and details further. We are an open-book and have NOTHING to hide.
Spencer Forman
CEO & Co-Founder
WidgetLaboratory
Friday, August 22, 2008
Questions and Answers after response from Ning's Legal Counsel
We have been patiently waiting for Ning's legal counsel to inform us as to what part of Ning's Terms of Service were violated. We have thusfar only received a "canned" response, as enumerated below. We have, however, had some time to carefully review and consider all of the points of view that have been expressed on the Ning Forums, TechCrunch, and other places. We believe that it is important to clarify a number of issues:
Since WidgetLaboratory is not publicly funded, does not have anyone to account to other than our customers, and is prepared with documentation to demonstrate that the facts are on our side, we believe it time to provide answers where none are otherwise forthcoming from Ning. To wit:
1) Each and every time that Ning suggested that any of our products had required "attention" on our part, WidgetLaboratory immediately provided a solution that was received cooperatively by Ning and solved the issue. Since the very first widget we created in December of 2007, Ning has had the ability and taken full advantage of being able to reach us at a moment's notice. Each and every time they needed assistance or required a modification to our code, we made the changes in compliance. In sum, Ning has ALWAYS been able to get full reliance, compliance, and subordination from WidgetLaboratory to ensure that our products have no negative impact on their network whatsoever;
2) WidgetLaboratory has been extremely protective of all client and customer relationships and preservation of private information. There has been some speculation that we violated some Terms of Service that relates to customer data or privacy. THERE HAS BEEN NO SUCH CLAIM MADE BY NING. The ONLY claim made by Ning's Legal counsel at this time, as would form the basis for our removal, was that our products had "unduly degraded the performance of the Ning platform." There is no other claim of wrongdoing, at all, and there never has been any wrongdoing...particularly of that nature;
3) Unlike the last eight or more months, in this case Ning made no effort at all to contact WidgetLaboratory to inform us that we were having any negative impact on the performance of their networks prior to their sudden termination. Despite having been developing products on Ning since December of 2007, and dozens of personal phone calls and emails to us at all hours, in this case Ning provided NO WARNING WHATSOEVER that WidgetLaboratory products were having a negative impact as would cause Ning to remove us entirely. More relevant, Ning cannot demonstrate that our products had any negative impact in this case because there is no proof to be found;
4) Ning's means and method are demonstrative of bad faith motive. Even if one were to speculate for a moment that there were a "network" reason for TEMPORARY removal of a product from the Ning network, because of a major degradation...that does not explain whatsoever why Ning has PERMANENTLY removed WidgetLaboratory without any opportunity to correct these alleged problems. Given the magnitude of the damages to Ning Site Creators caused by Ning's unilateral decision today, common sense dictates that Ning would have simply asked us to remove any product or products that were causing any issues, and then allowed us to restore these as soon as any alleged code problems were resolved. Instead, Ning completely removed all WidgetLaboratory contacts with the Ning network, banned our Executive Team from the use of their network via IP Blocking, has taken down our personal recreational websites (such as Trikepilot.com), and has otherwise today blocked or deleted or banned anyone who has made any post at the Ning forums that would convey the other side of the story. This extremely "unusual" behavior is not indicative of a company that is acting in "good faith" to keep their networks operational. We allege that it was punitive, calculated, and designed to remove WidgetLaboratory, a company that was providing a popular service on their network. Ironically, a service that seemed to have generated more positive publicity and use of Ning than any other source of publicity;
5) Gina Bianchini is suddenly "silent". The strong-willed woman who stood up to Michael Arrington and told him where to go... is now suddenly unwilling or unable to provide any facts to support Ning's claims that WidgetLaboratory was doing anything wrong? Her silence on this subject speaks volumes. Our only reason for not publishing the full documentation of our position at this very moment is our belief that "discretion" will allow us to reach an an amicable resolution of this matter with Ning that restores our customers' products and functionality immediately. Such a resolution would help to mitigate the damage and losses already caused by Ning's unilateral actions this morning. We have expressed to Ning's counsel that a more appropriate resolution of this matter would have been, and still should be, the restoration of WidgetLaboratory and its products to the Ning network while a more "long-term" solution is worked-out. Such a solution would protect the CUSTOMER above all other interests, as it should be;
6)Where is the regard for the customer? Talk is cheap. True support and dedication to your customer base are not. Ning has over one hundred million in Venture Capital by their own reporting. WidgetLaboratory had no funding whatsoever. Nevertheless, with only a handful of employees, WidgetLaboratory was able to elevate itself to a position of supporting more than five thousand of Ning's largest networks with a dozen or more highly-valued products. We further had more than one million Ning members utilizing our Who-IM and Chat products, which were moved to our own Cloud servers back in January in order to avoid causing any load on Ning's framework. We have built our company and reputation on being THE BEST at CUSTOMER SERVICE and creating NEEDED products.
Were this not a fact, we would not have "earned" the attention of Ning, nor would we have garnered their backlash this morning. In our opinion, WidgetLaboratory proved to be a threat and a slight embarrassment to Ning because we provided the products that Ning's customers so desperately wanted and needed. Despite our documented efforts to integrate ourselves into Ning's corporate structure, our numerous personal conversations with Gina and her staff asking them to consider working directly with us, and innumerable changes to our code to ensure full compliance with Ning's "architecture", we were always treated with a degree of hostility. The reasons for this are now clear.
Whether you used our products or not, WidgetLaboratory provides a much-needed service on Ning and fills a void that has remained from Ning's "reincarnation" in 2006. We stand ready and willing to be judged in both the court of Public Opinion as well as a court of Law. More reasonably, however, we ask that Ning reconsider it's recent action and restore our products to our mutual customers before any further damage is done from loss of the same. There is no factual basis for any claim that our products have an adverse effect on their network that cannot be resolved in a matter of minutes or hours, should we be afforded the same opportunity that we have been over the last eight months.
Spencer Forman
CEO and Co-Founder
WidgetLaboratory
Since WidgetLaboratory is not publicly funded, does not have anyone to account to other than our customers, and is prepared with documentation to demonstrate that the facts are on our side, we believe it time to provide answers where none are otherwise forthcoming from Ning. To wit:
1) Each and every time that Ning suggested that any of our products had required "attention" on our part, WidgetLaboratory immediately provided a solution that was received cooperatively by Ning and solved the issue. Since the very first widget we created in December of 2007, Ning has had the ability and taken full advantage of being able to reach us at a moment's notice. Each and every time they needed assistance or required a modification to our code, we made the changes in compliance. In sum, Ning has ALWAYS been able to get full reliance, compliance, and subordination from WidgetLaboratory to ensure that our products have no negative impact on their network whatsoever;
2) WidgetLaboratory has been extremely protective of all client and customer relationships and preservation of private information. There has been some speculation that we violated some Terms of Service that relates to customer data or privacy. THERE HAS BEEN NO SUCH CLAIM MADE BY NING. The ONLY claim made by Ning's Legal counsel at this time, as would form the basis for our removal, was that our products had "unduly degraded the performance of the Ning platform." There is no other claim of wrongdoing, at all, and there never has been any wrongdoing...particularly of that nature;
3) Unlike the last eight or more months, in this case Ning made no effort at all to contact WidgetLaboratory to inform us that we were having any negative impact on the performance of their networks prior to their sudden termination. Despite having been developing products on Ning since December of 2007, and dozens of personal phone calls and emails to us at all hours, in this case Ning provided NO WARNING WHATSOEVER that WidgetLaboratory products were having a negative impact as would cause Ning to remove us entirely. More relevant, Ning cannot demonstrate that our products had any negative impact in this case because there is no proof to be found;
4) Ning's means and method are demonstrative of bad faith motive. Even if one were to speculate for a moment that there were a "network" reason for TEMPORARY removal of a product from the Ning network, because of a major degradation...that does not explain whatsoever why Ning has PERMANENTLY removed WidgetLaboratory without any opportunity to correct these alleged problems. Given the magnitude of the damages to Ning Site Creators caused by Ning's unilateral decision today, common sense dictates that Ning would have simply asked us to remove any product or products that were causing any issues, and then allowed us to restore these as soon as any alleged code problems were resolved. Instead, Ning completely removed all WidgetLaboratory contacts with the Ning network, banned our Executive Team from the use of their network via IP Blocking, has taken down our personal recreational websites (such as Trikepilot.com), and has otherwise today blocked or deleted or banned anyone who has made any post at the Ning forums that would convey the other side of the story. This extremely "unusual" behavior is not indicative of a company that is acting in "good faith" to keep their networks operational. We allege that it was punitive, calculated, and designed to remove WidgetLaboratory, a company that was providing a popular service on their network. Ironically, a service that seemed to have generated more positive publicity and use of Ning than any other source of publicity;
5) Gina Bianchini is suddenly "silent". The strong-willed woman who stood up to Michael Arrington and told him where to go... is now suddenly unwilling or unable to provide any facts to support Ning's claims that WidgetLaboratory was doing anything wrong? Her silence on this subject speaks volumes. Our only reason for not publishing the full documentation of our position at this very moment is our belief that "discretion" will allow us to reach an an amicable resolution of this matter with Ning that restores our customers' products and functionality immediately. Such a resolution would help to mitigate the damage and losses already caused by Ning's unilateral actions this morning. We have expressed to Ning's counsel that a more appropriate resolution of this matter would have been, and still should be, the restoration of WidgetLaboratory and its products to the Ning network while a more "long-term" solution is worked-out. Such a solution would protect the CUSTOMER above all other interests, as it should be;
6)Where is the regard for the customer? Talk is cheap. True support and dedication to your customer base are not. Ning has over one hundred million in Venture Capital by their own reporting. WidgetLaboratory had no funding whatsoever. Nevertheless, with only a handful of employees, WidgetLaboratory was able to elevate itself to a position of supporting more than five thousand of Ning's largest networks with a dozen or more highly-valued products. We further had more than one million Ning members utilizing our Who-IM and Chat products, which were moved to our own Cloud servers back in January in order to avoid causing any load on Ning's framework. We have built our company and reputation on being THE BEST at CUSTOMER SERVICE and creating NEEDED products.
Were this not a fact, we would not have "earned" the attention of Ning, nor would we have garnered their backlash this morning. In our opinion, WidgetLaboratory proved to be a threat and a slight embarrassment to Ning because we provided the products that Ning's customers so desperately wanted and needed. Despite our documented efforts to integrate ourselves into Ning's corporate structure, our numerous personal conversations with Gina and her staff asking them to consider working directly with us, and innumerable changes to our code to ensure full compliance with Ning's "architecture", we were always treated with a degree of hostility. The reasons for this are now clear.
Whether you used our products or not, WidgetLaboratory provides a much-needed service on Ning and fills a void that has remained from Ning's "reincarnation" in 2006. We stand ready and willing to be judged in both the court of Public Opinion as well as a court of Law. More reasonably, however, we ask that Ning reconsider it's recent action and restore our products to our mutual customers before any further damage is done from loss of the same. There is no factual basis for any claim that our products have an adverse effect on their network that cannot be resolved in a matter of minutes or hours, should we be afforded the same opportunity that we have been over the last eight months.
Spencer Forman
CEO and Co-Founder
WidgetLaboratory
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