john_falk

Meg, I do appreciate your comments. Please understand that I clearly did, do and have taken 100% of the responsibility and actions toward resolving the situation; and notwithstanding anything else I am sorry that it happened as it did - for sure.

I have only made one appology to Jeff and it was that weeee hour of the morning -- per se' it has been repeated, transposed, extracted from etc over this course...

I am also sorry for some feeling that I have attempted so called backhanded appologies to Jeff. To that regard I also feel I have a right to my opinions that were simply directed at how he handled it with my wife and all, clearly it was inappropriate regardless.

The two topics are mutually exclusive of one another, but I guess I have to understand to some degree why it keeps getting in the mix either way...

John

Kevin and Mark: That is not the case either, there were some changes that I wanted to make, but, I repeat I liked the basic simple look and wanted to go from there. And incidentally, there is not a copyright on a black background and a gray border with button things at the top - you both know that. You and those like you seem to feel it reasonable in predicting that the site was finished, somehow approved and ready for operation by me. You miss the mark completely - if you choose to follow that path, you and those like Eric will not ever be satisfied... as Brian or several others have explained.

Thank you,

jf

Robert I understand that completely, its that in all regards each situation is different and mine is none of those as you can see. to do things as you ahve described is clearly with harm and/or intent in mind obviously. It is that very departure I have tried to explain as calmly and as honestly as I possibly could - whereas I do feel that both decent concerned folks have a right to know, and I have a right to explain... That all.

now I really have to get to sleep,

Thanks

jf

Eric I am gong to respond to the later of your Q's... At the point that I felt it was completed [yes with my galleries etc] I would have expected it to be then opertional and get it up on search engines via a service. I did and still do like the look and feel of the basic design. As I explained before, I would like a few changes. That is not an infringement.

good night

Robert, I agree with most of what you indicate on handling things... But please understand that in your reflection of getting caught with a website is not in terms of what happened really, or more important not what I was doing. I never imagined anyone a week or two in to a sites creation randomly typing in the web address. As for getting caught - for intricates that I have not a clue about there was some sort of tracker thing or link back to Jeff's site. I was not at the point of even slightly considering it an operational website - that was a very unimformed position on my part I do and have admitted.

I think in that actual context your position may be relected a bit differently.

Thanks,

jf

Good gravy Brian I am sorry - I too have to get to bed - I just called you Brain, very sorry... its late.

Dave, I hope that it all helpped your own presence, and please feel free to call me or email me at [reasonable hour]...

night

Brain, Thank you for the comments... nearly 50 years old now, the one foremost things I have learned over the years - its not the problems or mistakes we make along the way, rather the way we handle them today becomes our integrity and dignity of tomorrow..... So you won't find me changing that.

Sincerely,

John

Brian: Eric is going to take the fact and twist them forever its beyond evident. He misconstrues me talking about my pdf or princing as a global approval - again using words I never used - as he has misguided nearly everything either I have said, you have said, or Dave has said... he will not stop, its obvious.

Thanks for the tip on the home end thing nonetheless...

jf

Dave, I am not exactly sure what your question of "code vaccuum", what does that mean?

Eric, this is the most indignant thing I have said to anyone in this trail here or otherwise - should you ask a decent untwisted question as others have, I will respond to you; anything otherwise as you have been so intently decerned will not be responded too...

and incidentally, since someone has asked: for the very same reason that I have stated that I would've handled things far different than Jeff did had this happened to me, I would not expose the idenitity of the help. He is very young, there is no question in my mind that he has a recent clarity to all things related, and he did not do this with intent or malious tact at hand. He was trying to help, and made a critical mistake. I feel confident that such as case will not come up again with him at anyone elses expense - that is the only thing important to any of us.

Thank you Brain, and Dave,

John

No problem Dave, I got lost in the seq of posts too. However, I hope that the detail of things has helpped those that objectively were/are concerned?

John

Eric you continue to misread and twist the facts. Its obvious to many that you are not ever going to be accurate or objective at all.

take care,

Dave I did just expand the detail as much as possible, perhaps we are having some kind of timeing thing here.

Incidentally, one correction in your last post: I have not been professing as a national pro for 30 years, what I have said is that I have been in business for that long. Yes I have done national shoots, but not for 30 years. Sorry if it came across that way...

jf

Dave: I am sorry I lost track of some of the posts in failing to update or refresh the page; then going past some of your very decent remarks and Q's...

Here is exactly the seq as best as I can recall them from a bit over a couple of weeks ago to now:

A college student that has been doing basic grip and general lighting assistance for me made an offer that he would like to help me get a web site going with him expressing that he knows how, and he fully aware I knew little to nothing actually about it.

He asked me to look over some site to get an idea what I liked and I had cot togehter a group of maybe a couple dozen, Jeff's being one of them - at the same time I and he signed up for my page name which I also right then put the addr in my DPC site profile - at that point the site was totally blank.

Then I gave him my favorite 4 sites of the bunch and on the phone I finalized that I liked the simple look and feel of Jeff's site. He said that he would work on it, asked me for a cover shot, which I gave him.

A few days later he asked me for some bio info narative and a snapshot, I gave it to him.

He helped me with a wedding the following weekend and mentioned that I could look at it online and said its not done but take a look, its part way.

I did the following Sunday and we discussed on the phone about getting some of the info such as my info sheet handout as a pdf and some of the pricing up. We did talk about the photos that will be needed and not even thinking further that this was open in the least because I couldnt find it searching for it at any stretch or engine, I asked that I would like the gallery of photos to be different, I would like rather than the way Jeff had it with the two branches of weddings, I wanted one to be Portraits, and the other to be Weddings, could we do that. He went off to start working on that while in the evenings I tried to sort though shots. We are now up to that following Thursday.

Then that day I got a national commerical shoot in Miami Beach to do at the drop of a hat, and it required all of my time to schedule, plan, and procure; as I would be flying out on the 15th to the 20th.

At just before 2am PST and 5am EST I got the call from my wife. I called him at home at just after 2am PST and told him that the thing is online and people are getting to it some how - he did get defensive initially arguing how they should not have been able too - I told him I didnt care how it happened its happening, get the page down right now. I did not have internet access in my room only at a remote lobby. He called and said that their was nothing on the page that says anything, goes anywhere etc. I called my wife back and asked he to look and she said nothing shows.

I got dressed and went to the remote lobby verified myself personally that the site was down [and it looked that way to me I didnt know at the time that you could still type in the addr thing manually] and sent an email to jeff and publically appologized to jeff on the dpc site which at the time was the only place I had input from. Still understanding he was upset, I felt nonetheless that Jeff was inappropriate with my wife. And some of the things he was saying without even knowing, but he was on the emotional reaction track.

I then went to my morning location call. I then later began to get some calls that indicated that though the main page was down, if you manually enter the addr text you can still get to the data or something. Several trys to reach him found him unavail in school.

I handled perhaps 2-3 dozen calls from mostly decent people wanting to know what was going on, and I took the time to explain to each and every person other than the cursing hang ups.

I did get back to him later that afternoon, and instructed him that I wanted 100% of the site down no-how no-way. And while I was in the remote lobby I was now online at the same time and saw that it was then 100% down. He did leave my cover shot up in some sort of manual directory, sub link or whatever, and I told him that it was fine - I would be seeing him the minute I got home. That meeting has taken place needless to say...

That is just about as much detail as I can recall.

Obviously I have many times explained that I will seek out far more professional web design help...

John

Brian: I appreciate your ability at objectivity, its at all regards reasonable and respected.

As I am sure you know, it is very hard at times to refrain and do the right thing at times with some folks that press on no matter what. But I really have tried to be 100% forthright in all discussions, remove as much of the emotion as possible, and not try to put anything out-of-context.

Thank you again,

John

Eric, that would seem appropriate because you completely inversed not only what happened, but the example I just gave as well. Again, you perfect my point [on your own free will of course]...

Thank you,

jf

Since you asked:

[Eric] John, you're just trying to do damage control... You were busted... you stole his site verbatim... you're so called posted apology is filled with smuggness and an attempt to duck the truth... John? That you were caught trying to use someone else's intellectual property and you yanked it right away for fear of law suits?... [all untrue not a single fact at-base]

ie; lets say that you have gone to a store with your son/daughter in tow. While your not exactly looking per se' your child somehow puts an item on the shelf in the cart and you leave. That does not make you stealing that item - are you responsible for your child, sure, it is your responsibility to see that the item is returned and the matter is handled appropriately.

Again, you can obviously continue to write untruths as long as you would like - still does not make any of it factually true.

jf

You have perfectly executed my point exactly. You still have a right to say words of your choice, none true as of late, not even relevent actually, but spot on to my last point.

jf

Eric, respectfully you did not answer the question at all for how you were sad by how I have handled it...rather you continue to slant untruths in an obvious fashion.

I have been in business since 1975-76, and the site was up for the very first time for 7-10 days... There is very little else I could have done to resolve this. The only other possible thing that would have prevented this whatsoever is having been more imformed of the help I was getting and how the web designing world works - of course I do wish I had.

Believe what you would like, but it nonetheless does not make even a bit of what you might decide to believe in true does it.

I did not have a single intention of soliciting business at the use of any one elses images - period. And nor was that what happened even in the slightest slant. I made an honest mistake that which I have expressed more than once.

"Some folks" and I repeat some-folks just enjoy the fight and blood seeking at just as much cost to others as can be no matter what and will press to that end regardless... That is sadness to all...

So is this damage control, not really whats done is done, how I too have a right to explain what really happened.

John

So if I understand you correctly, you are saddened by the fact that after getting a call at 2AM PST 3000 miles from home, I made every attempt to get the thing closed down in the first minutes - then I sent a public and private appology to Jeff within the first hour or so - then again only when I further learned that there were still "remote" traces still remaining, I again took action just as soon as I could make contact --- So if that is saddening to you what would you have preferred as action taken when I found out?

And if its my comments to the regard that had the roles been reversed, I would have absolutely acted far different than Jeff, well, that is also the truth. One mistake or wrong does not warrant another. I would have given a person at the very least 24 hours but more like a couple business days to explain, act and respond appropriately. Sorry if you dont agree with that, however there are trails of many that do.

I am geniune when I ask: So if that kind of immediate action is saddening to you what would you have preferred as action taken when I found out? [and please dont not say just not have had it happen in the first place - for which I also took account for as well]

John

Not attempting to attain supporters, simply stating the facts. As many times as I have said them, and as many times as I will - they will not change.

I called my help at 2:08am PST from Florida [as I was in Miami on a national commercial shoot - I will post an email from another concerned person that actually called me in Florida that morning] and that is on my cell records less than 10 min after my wife got jeff's call at home. Within 30-50 mins the site home page, all of its content, links buttons etc were down. I dont know exactly how that was done, but it was.

Having a 8:30EST location call in Miami, I later that afternoon understood from a person that called me that day from Florida that indicated that yes the main index page was down - but if you manually type in the hml lines it still showed. So as soon as I could get back in touch with the help back in CA, I saw too it that it was then 100% in everyway was offline.

here is a post to another forum that day by someone who called me:

=======================

I had an actual conversation with the photog in question, and can tell you that he was quite unaware of the problem until his wife called him at 2am. Turns out that he is on a shoot in South Beach Fl, he took about 10min away from the shoot and here's what he had to say to me... (not word for word, but I think you'll understand)

John Falk (JF) had "a college kid" he knows, creating a WEB site for him and they were looking at some sites to get a feel for what JF was looking for. Jeff Ascough's site was a choice of JF because of the simplistic layout. It is obvious that "the kid" used the whole site and just began changing things as needed to reflect the different person. The plans were to use the site as a template for the JF site.

JF stated to me that he is a 30 year photog, and knows NOTHING about building a WEB site.

The site has been taken down for the legal reasons we all know, and even though JF was busy when I spoke with him, he gave me permission to relay this story to you. Please note that I DO NOT know this person, but can only suspect that his words are honest and intensions were misconstrued at the origin. I also suspect his "kid" (WEB master), will get a bit of a lecture about the legalities of his mistake.

Hope this explains the "mistake" as relayed to me...

Seymore, CO 02-18-2005, 11:55 dgrin

===================

It all does add up because it is 100% the truth of the matter.

Sincerely,

John

And sometimes an actual 'honest mistake' comes along... However it would appear that you have not had one personally yet, you will.

Many have and do understand in fact. I can say with 100% conviction, that you are not correct in that you can not please everyone all the time...

you're correct in one thing, it may have been a couple more weeks maybe even a month, but my galleries will be in place when fully prepared and organized by a professional web-designer. Again, since one of the skeptics herein has already "mistaken" one of my photos for Jeff's, I am also a talented photographer.

Thank you for your concerns and voice, we will just have to agree to dis-agree.

John