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Wednesday, May 26, 2010

Last week in this editorial spot, we wrote about a company from New York that was working with the City of Emporia to provide a video on the city website.

In the editorial, we talked about what they were offering and charging local businesses to be connected with the project. We also wrote about another local video option that was being offered in the community.

Apparently the New York company, CGI Communications, did not like our editorial. People disagreeing with our editorials is not uncommon, but most people just call us to express their opinions.

The company from New York, however, must operate differently than we do in the Midwest, because CGI Communications paid its attorney to send us a certified letter.

The letter was from Peter C. Peterson who works in New York and is legal counsel for CGI Communications. In essence, the letter was saying we should cease and desist from our campaign of talking and writing about a competing video project because we were hurting CGI’s ability to make money off the Emporia community. You can read Peterson’s letter below.

It is hard to know what CGI didn’t like about our editorial but, after rereading it, we thought they might not like the last line of the editorial — “If a New York salesman comes calling, tell them, ‘No, thank you. We can do this ourselves.’”

After thinking about it, we could have been a little more welcoming, so let us restate some points from the last editorial.

• CGI must be a fine New York company because they say they are the largest online video company that has served more than 2,000 communities with their products.

• CGI is offering local businesses a 60-second video about their business that will appear on the City of Emporia’s website. The cost seems somewhat negotiable but most businesses that have heard the sales pitch are reporting that it costs thousands of dollars a year.

To talk with CGI’s salesman, call 1-800-398-3029. We encourage every business to call and schedule a sales video demonstration. If you are worried about the phone charges of calling New York, don’t be, because this is a toll-free call.

As we mentioned last week, if you can’t afford CGI’s product or want a different video solution, then The Emporia Gazette and KVOE are also offering a video opportunity.

We will give businesses up to a two-minute video that will play on the City of Emporia website, as well as the websites for the Chamber of Commerce, Emporia Main Street, Emporia Marketplace.com, Emporia Building Futures, KVOE and The Emporia Gazette. The video will be shot by a local award-winning videographer who has been on assignment with HBO, NBC, and Metro Sports. The cost for this video will be $800.

To talk with a Gazette or KVOE salesman call 342-4800 or 342-1400.

The real winner in having two companies competing for your business is the City of Emporia because, no matter which companies produce the videos, CGI or the Emporia Gazette and KVOE, the city will end up with videos of local businesses on its website at no cost to taxpayers.

So now you can choose what company you want to serve you.

Chris Walker

Editor & Publisher

• • •

Dear Messrs. Walker and Sauder:

Please be advised that CGI Communications, Inc. is the leading producer in the nation of on-line video. Our products and services have been used by over 2000 communities in North America. All of our programs are offered at NO COST to municipalities, and are specially designed to streamline communication and strengthen communities. We are endorsed by the United States Conference of Mayors, the National League of Cities, and many other highly reputable federal, state and local governmental associations.

It has come to our attention that each of you, individually and as Agent of your respective media entity, has initiated a smear campaign against CGI by publicly making false claims, accusations and other misleading statements about us. You have used the air waves and the press to interfere with business and contractual relationships of CGI. Your campaign, couched as newsworthy, is actually an attempt to sway public opinion in the hope that it will increase your own advertising revenue.

Be advised that your actions constitute tortious interference with CGI’s contractual relationships as well as its business relationships and activities. Your acts also constitute an intentional interference with prospective economic advantage. Under applicable state and federal law, CGI would be entitled to damages in the form of lost revenue and business, along with attorneys’ fees, interest and costs for any contracts which are breached, lost, or not entered into as a result of your inappropriate and unlawful actions.

If we are made to file litigation in this regard we would also notify the F.C.C. of your actions and seek punitive damages because of the fact that you are using the public print and air to smear what you perceive to be your business competition. As owners and publishers of the free press and radio, you have an obligation to refrain from utilizing your inherent unfair advantage over other businesses with whom you compete. It is especially egregious when you use the press and airwaves to publish and broadcast false information to the detriment of a targeted business competitor.

We hereby demand that you immediately cease and desist from your inappropriate, illegal activity. If we are in receipt of any documentation, information or communication that evidences any continuation of your smear campaign against CGI, we shall have no alternative but to file appropriate legal action in state and federal courts and seek full and complete actual, punitive and consequential damages, including attorneys’ fees, costs, and interest. We will also seek immediate injunctive relief in the form of a court Order requiring you to immediately cease your activities and will request that the Court order a public apology and admission of liability over the air and in print.

Trusting you understand our position and thanking you for your expected attention in this regard, I am

Very truly yours,

CGI Communications, Inc.

Peter C. Peterson, Legal Counsel

Comments

retired (anonymous) says...

The Dishonorable Pete Peterson,
Since your company is home based in Alaska and you have advertised your
services at "NO COST" I believe the only damages you are entitled to is for stupidity. Since there is no shortage of this coming from Alaska is that the reason you have fled to New York? I
don't believe we need a big city lawyer
telling us what is ethical, legal using
your fancy lawyering lingo I suggest
you engage in something less nefarious than trying to con Kansas.

May 26, 2010 at 2:33 p.m. ( | suggest removal )

gooseylucy (anonymous) says...

In the words of a popular commercial......"New York City? Get a rope." LOL

May 26, 2010 at 2:46 p.m. ( | suggest removal )

powercat (Jerry Seinfelt) says...

Shame on CGI for bullying the small mom and pop businesses that faithful serve our community. Why not just stay in New York and mind your own business.

May 26, 2010 at 3:13 p.m. ( | suggest removal )

oh4theluvof (anonymous) says...

If this were an episode of The Beverly Hillbillies, Uncle Jed would say, "Whee doggies!!!" and invite them out to his place to show no hard feelings. Granny would feed them some of her tasty "vittles" and Ellie May's pet squirrel would be all friendly-like which would scare the stuffin' outta them. The poorly dispositioned goat that Jethro was tending would get loose and eat some of their pant legs before chasing them and head butting them into the cement pond.

Since they seem to think we're a bunch of naive and easily intimidatable hillbillies, what say we have them out to show no hard feelings?? Whee Doggies!!!

May 26, 2010 at 3:58 p.m. ( | suggest removal )

quarterback1 (anonymous) says...

I hope the blogging community have fun with this one and help educate the New Yorkers on our here special community. Bloggers give them nice Emporia welcome. Make them feel as welcome as the Somalians.

May 26, 2010 at 4:22 p.m. ( | suggest removal )

sail (anonymous) says...

Can anyone now defend that we dont need tort reform,ohhh this is going to be fun.

May 26, 2010 at 5:26 p.m. ( | suggest removal )

powercat (Jerry Seinfelt) says...

This can't be a good career move for Peter C Peterson. Didn't anyone tell him to not pick a fight with a newspaper and radio station? Didn't he know now that when anyone Googles CGI that the Gazette story will come up and probably rank at the top. Good job Peter Peterson I bet your bosses will love that.

May 26, 2010 at 6:48 p.m. ( | suggest removal )

mslater (Matt Slater) says...

CGI Communications Inc.
130 E. Main - Eighth Floor
Rochester, NY 14604

Phone: 1-800-398-3029
Fax: 585-427-0075
info@cgicommunications.com

http://www.elocallink.tv/web/main/ind...

:-D

May 26, 2010 at 7:02 p.m. ( | suggest removal )

oh4theluvof (anonymous) says...

"Your acts also constitute an intentional interference with prospective economic advantage."

I believe that you'd have to prove that a business would have hired CGI if not for the EG news article that informed the town's businesses of their choices. Who do you think will not hire CGI and then tell a judge that it was any reason other than finding a better deal? Do you threaten Consumer Reports with the same letter? Threats and implications of slander won't fly where there wasn't any...which is why the word slander was never used in your letter. Good try, Mr. Peter C. Peterson, Legal Counsel for CGI Communications, but we actually do have law schools out here in the middle of nowhere. Respectful and relatively affordable ones, at that. I'd like to invite you out for a good-will tour of our cattle pens and redneck bars. Have a nice day!! :-)

May 26, 2010 at 8:13 p.m. ( | suggest removal )

goatfarmer (anonymous) says...

Is this how this business stays in business is by suing people.

May 26, 2010 at 9:27 p.m. ( | suggest removal )

talgar (anonymous) says...

While I whole-heartedly agree with everyone that is commenting, I think we are forgetting one key point in this issue: who hired the New York City firm in the first place? I think that person or those people has/have some "splainin" to do.

May 26, 2010 at 10:43 p.m. ( | suggest removal )

mslater (Matt Slater) says...

I think that person or those people has/have some "splainin" to do.

+1!

May 26, 2010 at 11:20 p.m. ( | suggest removal )

seriouslyfolks (anonymous) says...

Who among you wouldn't sell over priced commercials to feed your families? Hypocrites!!!

May 27, 2010 at 12:08 a.m. ( | suggest removal )

ToxicPink (anonymous) says...

So its a smear campaign? How bored are they up in NY? Apparently they're not getting a lot of business if they have time to write a letter off of ONE story and be convinced its a smear campaign.

Lol farking idiots.

Wait...OMG AM I GOING TO BE SUED?

May 27, 2010 at 6:54 a.m. ( | suggest removal )

goatfarmer (anonymous) says...

Instead of suing Emporia businesses they should be paying the Gazette to take this story down. Having it rank high in Google will not be good for towns researching CGI Communications. I am sure other cities would love this community backlash in their community. Great Work Peter Peterson!

May 27, 2010 at 7:15 a.m. ( | suggest removal )

create (anonymous) says...

Good one, seriously. Amen!!!

Hey Mr. Peter C. Peterson, C'mon down, you and your big city ways there in your New York City woo-hoo eighth floor. We'll take you and your CGI group to see the Wonderful Wizard. You can present your big city sales pitch to him. Maybe he'll buy, maybe he won't. But that's just the chance you take when you try to skip down the Yellow Brick Road that winds around Euphoria.

P.S. Loved your lawyer lingo.

P.S.S. I'm guessing you'll soon find yourself on You Tube. You got lingo for that?

May 27, 2010 at 7:24 a.m. ( | suggest removal )

create (anonymous) says...

BTW, I do have one serious question. If Chris Walker reports that this service from CGI will cost $5000, then how is Peter C. Peterson saying it's free?

"Apparently the City of Emporia has hired a firm from New York to sell advertising for a new video feature that will appear on the City of Emporia website. For $5,000, a business will get a short 60-second video clip" (Walker).

"All of our programs are offered at NO COST to municipalities...(Peterson).

Just wondering. Is somebody trying to pull something here?

Hey Mr. Peterson, ever hear of free speech?

I'd sure like to hear from the city manager on this.

May 27, 2010 at 10:32 a.m. ( | suggest removal )

seriouslyfolks (anonymous) says...

I think the $5000 is for undercoating, The under carriage of the ad will just rust out lickety split if you don't get it, but hey, no pressure.

May 27, 2010 at 10:43 a.m. ( | suggest removal )

methusla (anonymous) says...

Apparently, CGI wants to play in the " Arena of Free Enterprise " and yet doesn' t believe that competition is an integral part of " Free Enterprise " and that they shouldn' t have to compete with another business . All I can say is, get your crying towels out, boys and welcome to the world of " Free Enterprise " as we here in the great town of Emporia, know it. Free Enterprise and the Competition that goes wiith it just Great. Unless you are CGI, that is .
The following is just in case CGI doesn' t know what " Free Enterprise " is,
n.
The freedom of private businesses to operate competitively for profit with minimal government regulation.

May 27, 2010 at 1:12 p.m. ( | suggest removal )

pencilguy (anonymous) says...

mr petererson,
here in our little small town, one of our key points and slogans is shop emporia first.
i believe the ones with "the unfair advantage" were you. In a way, you were tricking emporia business owners into thinking you were the only method of putting on an advertisement on the web. The radio and the gazette thought this price was a little too high, so they decided to provide their own service, at little cost. Shoudln't a business's goal be to provide a customer with the best service possible, while earning a few bucks? You and your big business have unbalanced this equality, and make this business only favoring you.

May 27, 2010 at 4:16 p.m. ( | suggest removal )

goatfarmer (anonymous) says...

I hear that the CGI salesman do the sales demonstrations over the phone and computer. Its too bad that Emporia wont even make any money off them from their salesmen spending nights in our hotels and eating our food.

May 28, 2010 at 7:29 a.m. ( | suggest removal )

mellen (anonymous) says...

I had never heard about on line video ads or CGI Communications until I read about them in the local rag last week. Last weeks article had actually inspired me to look into a video ad for my business and I started considering options. CGI Communications would have been at the top of my list because I don't like unnecessary personal contacts and interruptions that come with dealing with locals. I would have been willing to spend the extra money just to avoid "friendly" face to face interaction. This letter from Peter Peterson has caused me to cross CGI off my list. But, If I need an attorney, Mr Peterson would be a good one to check into. He is very articulate and it appears that he is willing to go the distance for his clients. No matter how petty they may be.

May 28, 2010 at 8:22 a.m. ( | suggest removal )

methusla (anonymous) says...

mellen,

You have the right to do businesses with whomever you wish.
I, on the other hand, most of the time, would just as soon do business with someone I can meet and get to know on a personal, face to face, hand shaking level . A handshake can tell you a lot about a person or businessman as well as a face to face meeting and conservation . A phone or computer, internet immage or conservation is about as cold and impersonal as you can get, as well as can be very problematic.

May 28, 2010 at 8:47 a.m. ( | suggest removal )

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