Jump to content


Photo

They're at it again over at the FPN..


  • Please log in to reply
163 replies to this topic

#21 Greg Minuskin

Greg Minuskin

    journeyman

  • Members
  • 898 posts
  • LocationTustin, California USA

Posted 20 March 2013 - 12:44 AM




This had been running for some time. Of course if the only active moderator of the forum had acted to calm things down earlier (rather than simply being preoccupied with how best to use the forum to showcase CS products) the situation might have been handled better......

The one big surprise in that forum at present is that the topic 'Currently visiting the CS factory During this week' is still open and visible. It is full of CS quality and customer service bashing and includes a suggestion that Ms Burke should resign (or be removed) as a moderator because of the potential conflict of interest. Several of us here have been harangued by admins or even banned for suggesting such heresy in the past! Are we due an apology?!!

Andy


You're absolutely right. Moderation only seems to be applied to adverse criticism of the modern Conway Stewart and their products. In any other context, is there an active moderator? The recent critical thread is a huge exception. I think you are due an apology. I wouldn't put any money on you getting one, though!


I'm sure the BDC will attend to that thread (Currently visiting..) with his usual wit and charm in a "politically correct" ( the Kim Jong Um style of politics..) manner at some point. I hadn't looked at it, thanks for that pointer Andy !! Seems more of the same old same old, anyway CS has survived far longer than I thought possible which given the QC issues is remarkable. At least "old mate" Ghost Plane hasn't deserted CS !! On Andy getting an apology, I'm with you Deb...keeping my money "in pocket".

Regards
Hugh


Well, wrong on that....last time I looked the thread was still running and the only thing standing out is the absence of one Mary Burke and a "golden silence" from CS that seems to be noticed by some unhappy customers. Now I'm curious as to what's going on.... especially as I've been forecasting the demise of CS for some time yet it keeps on keeping on to the point where I was again thinking I would be proven wrong...


Golden Silence for CS? Boy, the intrigue gets juicier and juicer! If I told all I knew, I would be shot, he he!

#22 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 20 March 2013 - 01:58 AM


All a bit mystifying, I agree. I rather doubt they have finally seen the light and decided to allow free and open debate on such matters!


My guess from this distance would be that CS have finally pulled the plug on any funding they may have been giving to FPN, therefore the powers that be now don't give a stuff regarding anything that is said because they know CS don't have the money to take any legal action against them, however rude people might be! If this in turn means Mary Burke is no longer allowed to use the forum for advertising, she will no doubt have lost interest and may have become yet another 'ghost' forum moderator. Look down the lists of FPN forum moderators and see how many of them have actually posted anything anywhere in the last few months.....

However, for the first time in 3 years CS did make an appearance at our local pen show last Sunday. Perhaps I should have gone to the stand and made some discrete enquiries, unfortunately I was in a hurry and busy spending money on some glorious vintage CS elsewhere in the room!

Andy

Seems I have been a bit too cynical - Mary has returned today with a sick-note to spoil a lovely theory!

No doubt now normal service will be resumed, all the wrong-doers will be admonished severely for holding opinions disrespectful to CS and the forum will be treated to a pageant of all the new models in the time honoured fashion.

Andy


Damn shame that "guess" was wrong....

Hugh
Hugh Cordingley

#23 nagod

nagod

    Newbie

  • Members
  • Pip
  • 1 posts

Posted 20 March 2013 - 03:34 PM

if that forum is so bad,why keep visiting it?

#24 AndyR

AndyR

    journeyman

  • Members
  • 526 posts

Posted 20 March 2013 - 04:01 PM

if that forum is so bad,why keep visiting it?


No time at present to give you a detailed reply but I'm guessing you have never fallen foul of the FPN administration regarding conflicts of interest, etc.... I am however very interested to see from reading the forum that Mary Burke is now starting to address her backlog of e-mails, perhaps I'll finally get a reply to the one I sent her back in June last year.

I see you have been a member here since August 2012 so it is interesting that you have selected this topic at this time for your first post but you are most welcome. You'll find pretty much all opinions expressed over here are considered valid and uncensored.

Andy

#25 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 22 March 2013 - 09:47 AM

if that forum is so bad,why keep visiting it?


It's fun !! No, actually it's rather sad. A forum designated to an iconic English maker is a great idea except this one has been "hijacked" by a company that has name only in common with the original Conway Stewart, that the currently available Conway Stewart is not related to the original seems to have a major impact on the CS Forum where the "real" ones are second to the "pretenders". Not to mention the moderator, Mary Burke, being associated with the "new" CS presents a conflict of interest that she fails to address and that the owners allow to continue , the conclusion is that the "new" CS has an undisclosed financial arrangement with the owners of the FPN to use the forum for marketing purposes ( Burke's most recent topic for example is pure marketing crap, also note the only "pinned" topics are related to the "new" CS). In essence that forum is an insult to the historic CS company and basically corrupt in the way it's run, the owners of the FPN have made a serious error of judgement in ethical behavior by failing to fully disclose the role of the "new" CS in the running of the forum.
Hugh Cordingley

#26 JonSzanto

JonSzanto

    journeyman

  • Members
  • 1,021 posts

Posted 22 March 2013 - 04:56 PM

Hugh, is there any hard evidence of financial collusion between CS and FPN, or is it merely conjecture and assumption?

#27 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 22 March 2013 - 08:30 PM

Hugh, is there any hard evidence of financial collusion between CS and FPN, or is it merely conjecture and assumption?


No hard "evidence" Jon as such, the actions though give a clear indication this may well be the case. While "sponshorship" is a legitimate way to defray costs and their is nothing wrong in principle with this occuring ( and it may occur in other forums on the FPN ) it starts to get a bit questionable if there is no disclosure. The owners of the FPN do have a "duty of care" to their members and that should include disclosing such arrangements, I note this from a pinned topic in the CS forum " and is a non-commercial site, not governed by sponsors" . If this is true then the moderator of the CS forum is at fault and with a conflict of interest that defies belief AND allowed to operate that way by the owners which breaches their duty of care. Either way "duty of care" is breached and terms such as unethical and corrupt appropriate.


Regards
Hugh
Hugh Cordingley

#28 JonSzanto

JonSzanto

    journeyman

  • Members
  • 1,021 posts

Posted 22 March 2013 - 09:06 PM

But Hugh, all of what you say is only really applicable if there is, in fact, a fiduciary connection between the two (CS - FPN). One may speculate all one wishes, and point to high degrees of "indication", but in absence of any reliable proof, that is all it is: speculation. I am also not following where you find this concept of "duty of care" WRT the FPN website. Since I don't pay a single cent to use the site, I don't expect that they owe me anything.

However, this "duty of care" concept interests me to an extent, and would be interested in your thoughts, if they aren't entirely tangential.

#29 vintage penman

vintage penman

    journeyman

  • Members
  • 400 posts
  • LocationCambrian Mountains - Wales

Posted 23 March 2013 - 12:12 AM

I believe the "duty of care" part arises from the persistent habit of the CS forum hiding criticism and issues with the new CS company's products to the detriment of potential purchasers and existing owners, potentially leading to financial loss.

However, it may be very difficult to make such a concept stick particularly when it comes to a free to use site and the opinions or otherwise expressed on it.

#30 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 23 March 2013 - 03:56 AM

But Hugh, all of what you say is only really applicable if there is, in fact, a fiduciary connection between the two (CS - FPN). One may speculate all one wishes, and point to high degrees of "indication", but in absence of any reliable proof, that is all it is: speculation. I am also not following where you find this concept of "duty of care" WRT the FPN website. Since I don't pay a single cent to use the site, I don't expect that they owe me anything.

However, this "duty of care" concept interests me to an extent, and would be interested in your thoughts, if they aren't entirely tangential.


Hi Jon,

There are two issues in play.

1. Is there a financial link between FPN and CS ?

The main forum moderator is a directorof CS and employed by CS. The forum has numerous topics related to new CSmodels, forthcoming models , limited releases and past models. All pinned topicsrelate to the “new” CS. The numerous topics amount to product advertising, andthis is clearly the case. The only beneficiary of this is CS who’s product isshowcased on a regular basis. The FPN provides a benefit to CS in using theforum for advertising, CS gains a financial benefit from this.

The moderator states “ non-commercial site, not governed by sponsors”. Analysing this it simply means the intention is not to be a business, thisdoes not preclude making a profit. While the term “sponsor” carries anobligation for the recipient to allow the sponsor something for his money, theterm “donation” does not. A “donation” that allows the donor to act in hisinterests is a disguised sponsor.

Why would the ownersof the FPN allow their board to be used by a company for it’s own advancement? Isuggest money, in the form a “donation” which the FPN does canvass.

Summary: The FPNprovides a benefit to CS to the extent that is not seen in other forums, or notused to that extent by the moderators ( think Sheaffer). This benefit is ofcommercial value to CS, The link is established by this without need to provethat CS donates to FPN, the circumstances do support this does occur.



2. Duty of Care.

Regardless of whether you pay a fee ornot the fact you have to become a member establishes a relationship between themember and the FPN. It is reasonable to expect that the action of the FPN willnot expose a member to a potential financial loss.

The recent “Korean fake pens” is anexample. This topic when posted on the FPN was removed (iirc..??) , this actionexposed members to a possible financial loss that could have been avoided ifthat information remained on the board. In this case Duty of care was breached.

In regard to the CS forum ( VP hasmentioned it ) there is also the issue that the moderator refers to vintage CSas “our vintage models” when no such link exists. By allowing her to create animpression they were produced by the same company also breaches the duty ofcare that the information should be correct given as a moderator she is part ofthe management of the FPN.



The FPN has also used the notion that it maybe held responsible/liable for members posts should they be challenged legallyto close topics, This is not the case, the poster is responsible for what heposts ( ask Greg all about it).



Regards

Hugh

Edited by Hugh, 23 March 2013 - 03:56 AM.

Hugh Cordingley

#31 david i

david i

    ADVISOR

  • ADVISORS
  • 7,515 posts
  • LocationEast Coast USA

Posted 23 March 2013 - 04:48 AM

While analyzing human interactions certainly has some charm, when it comes down to it, it seems no one has evidence of financial connection. There could be one, but all evidence offered so far at best is circumstantial. Make as much or as little of it as you will. Reading possibilities and ambiguities is fun, but as Jon suggests, does not force the claimed conclusion. Still, the differences in board philosophies would seem to be at least as key. Discussion is squelched far less often here. Guess we can make whatever we want of that, too ;)

Too, though I'm no lawyer, I don't know that a duty of care (as defined by Hugh, I having never heard the term) for a message board regarding those who post there.

Finally, I note that different people can see the adoption/purchase of older company names in various lights.

regards


d
David R. Isaacson MD. Website: VACUMANIA.com for quality old pens with full warranty.
Email: isaacson@frontiernet.net

Posted Image

#32 Shadow Wave

Shadow Wave

    journeyman

  • Members
  • 167 posts

Posted 23 March 2013 - 05:28 AM

Too, though I'm no lawyer, I don't know that a duty of care (as defined by Hugh, I having never heard the term) for a message board regarding those who post there.


In the law, a duty of care arises when one takes possession of someone else's property without assuming ownership. (This is called a bailment.) For instance, you send a pen to Ron Z to be fixed -- he has a duty of care while it is in his possession. (This is an example. There are many, many nuances which we don't need to get into.)

I take it Hugh is using the phrase in a general sense to mean that FPN has an obligation to disclose conflicts, if there are any, between its stated policy of not being controlled by sponsors and what appears to be de facto censorship by a person with a financial interest in suppressing unfavorable comment.

In terms of fair play, and maintenance of reputation, we would all agree with that.

I agree it is doubtful that the operators of a free message board have any legal duty under US law to adhere to their general statement of aims, though.

#33 david i

david i

    ADVISOR

  • ADVISORS
  • 7,515 posts
  • LocationEast Coast USA

Posted 23 March 2013 - 05:38 AM


Too, though I'm no lawyer, I don't know that a duty of care (as defined by Hugh, I having never heard the term) for a message board regarding those who post there.


In the law, a duty of care arises when one takes possession of someone else's property without assuming ownership. (This is called a bailment.) For instance, you send a pen to Ron Z to be fixed -- he has a duty of care while it is in his possession. (This is an example. There are many, many nuances which we don't need to get into.) SNIP


Thanks for clarifying. With 3 hours sleep the last 30 hours, I was too tired to search...

-d
David R. Isaacson MD. Website: VACUMANIA.com for quality old pens with full warranty.
Email: isaacson@frontiernet.net

Posted Image

#34 JonSzanto

JonSzanto

    journeyman

  • Members
  • 1,021 posts

Posted 23 March 2013 - 07:26 AM

Ick - take care of yourself, Dr.! And thanks, also, to ShadowWave.

It isn't that it is really that late, but tonight's gig was backing up Kenny G, and that about put me to sleep on stage. G'night...

#35 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 23 March 2013 - 10:32 AM

In reality the fact is those that own the FPN make the rules and interpret them as they see fit, a benefit of ownership. Technically one can argue "points" or "issues" but it remains to all intensive point..."pointless". I'm confident a "duty of care" does exist but in practical terms the ability to quantify any loss reduces this to a technicality. The terms and conditions ( or rules) add a layer of protection as well.
Regardless of whether CS financially contributes to the FPN they do gain a benefit in using the board for advertising purposes which in turn they derive a financial benefit from. An old saying " there's no such thing as a free lunch.." seems appropriate here.

Regards
Hugh
Hugh Cordingley

#36 david i

david i

    ADVISOR

  • ADVISORS
  • 7,515 posts
  • LocationEast Coast USA

Posted 23 March 2013 - 10:38 AM

In reality the fact is those that own the FPN make the rules and interpret them as they see fit, a benefit of ownership. Technically one can argue "points" or "issues" but it remains to all intensive point..."pointless". I'm confident a "duty of care" does exist but in practical terms the ability to quantify any loss reduces this to a technicality. The terms and conditions ( or rules) add a layer of protection as well.
Regardless of whether CS financially contributes to the FPN they do gain a benefit in using the board for advertising purposes which in turn they derive a financial benefit from. An old saying " there's no such thing as a free lunch.." seems appropriate here.

Regards
Hugh


Hugh,

In all fairness, those who own anything pretty much make the rules for what goes on in their own business. "Disovering" that might not be much the discovery. Thus, *any* of these points or issues raised in this context really just are for the pleasure of those who wish to discuss them, which clearly you do ;)

I've taken no stand on all this. I merely point out where the logic chain is a bit iffy, as I enjoy pointing out where logic is a bit iffy, which is probably why I don't post on FPN. Well.. that and having given them the biggest whack across their snout in their collective memory ;)

You notes about CS-FPN do return to the speculative. The CS relationship might or might not be incestuous, but it is what it is. That's why we have FPnuts.com (Fountain Pen Board).

-d
David R. Isaacson MD. Website: VACUMANIA.com for quality old pens with full warranty.
Email: isaacson@frontiernet.net

Posted Image

#37 AndyR

AndyR

    journeyman

  • Members
  • 526 posts

Posted 23 March 2013 - 11:03 AM

You notes about CS-FPN do return to the speculative. The CS relationship might or might not be incestuous, but it is what it is. That's why we have FPnuts.com (Fountain Pen Board).

-d

I agree that any financial connection can only ever be purely a matter of conjecture but that has never been at the forefront of my complaints.

What is not speculative is that (avoiding any discussions of 'duty of care') there is a clear conflict of interest, in that the vast majority of posts critical of the modern CS company have routinely been removed and the members responsible have been chastised to various degrees, all this in a forum moderated solely by a current director of CS. When I put this point to moderators (many years ago, now), the angry official reply from the BDC was (I paraphrase slightly, not having the e-mail to hand) 'I thought you understood that Mary does not actually sell pens, therefore there is no conflict of interest' which is ridiculous in the extreme!

As you say, their board, their rules but I feel those who do not realise FPN is run in this way have the right to know that they may be being misinformed about lots of things. Like Hugh, I am angry at the way the modern company rides roughshod over their heritage, happy to claim a vintage connection when it suits but not actually caring enough to respect 100 years + of the history behind the name and (the good Dr I. permitting), I shall continue to make all this plain on this board at least, for those who care to visit.

Andy

#38 david i

david i

    ADVISOR

  • ADVISORS
  • 7,515 posts
  • LocationEast Coast USA

Posted 23 March 2013 - 11:36 AM


You notes about CS-FPN do return to the speculative. The CS relationship might or might not be incestuous, but it is what it is. That's why we have FPnuts.com (Fountain Pen Board).

-d



What is not speculative is that (avoiding any discussions of 'duty of care') there is a clear conflict of interest, in that the vast majority of posts critical of the modern CS company have routinely been removed and the members responsible have been chastised to various degrees, all this in a forum moderated solely by a current director of CS. When I put this point to moderators (many years ago, now), the angry official reply from the BDC was (I paraphrase slightly, not having the e-mail to hand) 'I thought you understood that Mary does not actually sell pens, therefore there is no conflict of interest' which is ridiculous in the extreme!

As you say, their board, their rules but I feel those who do not realise FPN is run in this way have the right to know that they may be being misinformed about lots of things. Like Hugh, I am angry at the way the modern company rides roughshod over their heritage, happy to claim a vintage connection when it suits but not actually caring enough to respect 100 years + of the history behind the name and (the good Dr I. permitting), I shall continue to make all this plain on this board at least, for those who care to visit.

Andy


My last note more addressed Hugh's comments. Conflict of Interest indeed is suggested when one has a financially connected (even a good and moral) person moderating with a claim to objectivity. I remain however highly uncertain that a private board must (or in this case does) make claim to... objectivity. It is only if a claim of objectivity is put forth that one even really can object, and only then on a principled basis. And, those who watch and who play in that sandbox have the right to analyze (at least in a place where the moderator won't remove the analysis... heh) or to play altogether in a different sandbox. It all sort of works out.

I agree claims of lack of financial connection d/t lack of retailing items ("merely" distributing to retails) would strike me as specious.

I also agree that lowest-common-denominator (of late, termed "sheeple" in certain political circles) environments do not promote critical thought. But, some people want to feel part of the Biggest Place, and for them I guess that choice is valid.

To degree I 'permit" (vs my real view of "encourage", "enjoy", "appreciate") commentary here, certainly varied perspectives and emphatic opinions are welcome. There has been very little moderated here in nearly three years. Context-related adult language meets no filters. The very rare "pure advert in non-advert section" has been redirected. The more rare personal x-rated attack on individuals (strangely enough, when they occur, usually from Dennis/Rochelle, who seem to keep forgetting that guys don't have female plumbing), have been... softened.

Certainly it is understandable that those who relate to old pens made by established makes might wish to object to what they see as lack of respect for company heritage. Indeed today many companies that (arguably) have continuous line lack that respect. So it goes. Such chat in my view is highly valid. My "logic poke" on the subject mainly points to nuance in these things. A company might be continuous in chain, but have moved from the USA to China for production, with no guidance from original management family. Another company might have bought the title to a defunct company from trademark holder. A third company might have had title languishing in external ownership (as Parker once owned Eversharp) only to reappear with a motivated new owner, and with an actual trackable continous chain of prior ownership, the pens done with more respect for old than are done pens with arguable continuous production. Besides analyzing the pens for what *we* (nice of us, right) see as their merit, we can opine that names of old should be left to the (sorry, Mr Trotsky et al) dustbin of history.

All this has merit (nice of me again, right?).

But, I do wonder if fuming that a place insists on doing what it wants in its own place, does much good. Still, there is fun in blowing off steam. And, there are (again) other places to play if one doesn't like that "objective" moderators work for a company that is being discussed by message board members. Indeed, I suspect one of the analyses of CS done here at FPB has our largest view-count.

So... have at it. Clearly this is a subject of interest. :)

regards

d
David R. Isaacson MD. Website: VACUMANIA.com for quality old pens with full warranty.
Email: isaacson@frontiernet.net

Posted Image

#39 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 23 March 2013 - 09:57 PM

In all fairness, those who own anything pretty much make the rules for what goes on in their own business. "Disovering" that might not be much the discovery.


Hi David,

Oh!! Come to Australia...the real discovery is how many other people make the rules for you !! Not only in business but in very basic everyday decisions, in urban areas to cut a tree down in your garden requires approval that is often not granted. In my own business ( agriculture based) routine practises 20 yrs ago now put you in court, such is the political power of the "greens".

You notes about CS-FPN do return to the speculative.
-d



Yes and no. True, without access to the "books" there is no definitive proof. No, in that one gains financially ( "free" advertising that increases sales and reduces expenses) from the activities in the other does establish a relationship that has a gain for at least one party.


But, I do wonder if fuming that a place insists on doing what it wants in its own place, does much good. Still, there is fun in blowing off steam.



.....so true !! Still most of this topic has been replying to questions rather than instigating a "pointless" rant against the FPN and discussions about how boards work is in a lot of cases more "educational" ( used loosely) than anything else. The deleted topic in the OP had a positive outcome for those involved .

Conflict of interest can be difficult and not always as it seems, from the "outside" it would appear it does exist in the CS forum. What isn't known is the terms under which Mary moderates the forum, these may be such that no conflict of interest exists. From what Andy says the latter is most likely, not that I agree with it.

Regards
Hugh
Hugh Cordingley

#40 Hugh

Hugh

    journeyman

  • Members
  • 1,878 posts
  • LocationNorthern NSW, Australia

Posted 24 March 2013 - 02:11 AM

It isn't that it is really that late, but tonight's gig was backing up Kenny G, and that about put me to sleep on stage. G'night...


After checking out Kenny on Youtube I see what you mean...
Hugh Cordingley




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users