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Constructive criticism is great - partners at Hercules should remember this from both experience and business school. If not, why object feedback?
Anyone from Hercules should feel free to comment here. I don't know anyone, any partner. Nor have I had any dealings in any capacity with Hercules. As such, a response is very welcome.
You're making yourselves look very unprofessional and petty. The cure you seek is worse than the ill you suffer.
Nat
www.workersinc.com
Considering he's not commenting, that's quite a lot of commentary. Is Francis Urquhart alive and well and living in Silicon Valley? You might think that, I couldn't possibly comment.
Did he really say "and site should fact check the facts"? If that's the exact quote it could do with a (sic).
Has the alleged conduct irreparably harmed Hercules? Perhaps, but that's something the company should consider taking up with the author of the comment, not The Funded.
Based upon the facts reported in this story, I would think that The Funded has a very strong, if not ironclad, defense per 47 U.S.C. 230(c)(1). Hercules didn't help its case when it acknowledged, in the first paragraph of its cease and desist letter, that its grievance is with The Funded’s actions as a publisher. Section 230 forbids treating The Funded as the speaker or publisher of third party submissions. I am not familiar with the California Business and Professions Code or The Funded's Terms and Conditions. But assuming that The Funded had no role in actually writing or posting the subject comment (other than maintaining its website), I would expect a court to dismiss a complaint based upon this alleged wrong fairly quickly, and perhaps sanction counsel for bringing such a case in the first place, given the aforementioned statute and established case law.
-Michael
Under the CDA, sites are not liable for third-party comments- at least according to 95% of the courts that have ruled on it.
And of course, Hercules has just turned a single point of data few are likely to read into a major piece of negative publicity on the firm. Doh.
They should have just ignored it, or gotten their portfolio companies to bury it with positive reviews.
Their LPs should take away the money for not doing proper job with entrepreneurs. All "me too VCs" out there, behave well it is good for the eco-system.
It is losing battle to coverup bad behavior.
Yes. This stuff is frustrating. Unfortunately, it is now here to stay. Get used to it. Stop fighting it, and starting managing it...like the rest of us have to do. Isn't Web 2.0 fun? :)
Steve
Nice site ;)
Bye
Eventually, someone will find a reason to criticize your company. It could be an unsatisfied customer, a disgruntled ex-employee, a vendor in dispute, or a stealth critic. The criticism will be less damaging if handled properly. Here are a few tips:
Do:
• Continue to monitor the web frequently for damaging criticism and venting. Many companies are oblivious to criticisms/complaints harbored by others. Monitor the web to make sure that the issue has not developed online 'legs'.
• If you spot damaging complaints/criticisms and have an opportunity to post a comment, by all means, respond. A thoughtful, articulate, response will work far better than a jack-hammer legal threat. Offer to resolve in an amicable manner, the situation giving rise to the complaint.
• Regularly examine your firm's practices regarding complaints, gripes, and grievances with the goal of diffusing them at the onset. Limit heavy-handed responses, such as threats of legal action, dismissal or termination.
• Create a mechanism to have dialogue with your company's major stakeholders by establishing risk-free channels for employees, vendors, customers and stockholders to air grievances. One solution might be to set up a secure website or blog where they can speak openly.
• Invest in protecting your reputation and brand by training your managers/representatives in detecting and addressing complaints/concerns as they arise. Discuss problem areas before they get out of hand. Also, incorporate language into contracts, policy manuals, on your website and in other appropriate forums to address recurring problem areas.
Things Your Company Should Not Do
• It is not advisable to simply ignore online venting --- the consequences can be expensive and damaging. Depending on the extent and exposure, online complaints can tarnish the long-deserved reputation that your firm has earned, can cost your company sales, and can ruin your company's brand.
• Do not make your first response a legal one. Legal actions are expensive and garner even more negative publicity. Also, the courts are relatively unsympathetic to online complaints and criticisms --- even when the complaining party makes inaccurate statements. Many courts interpret these rantings as privileged speech.