Failing Enterprise Blog 2006-01
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The Admin talks about our online community
Thursday, January 26th
Another law firm has contacted us and asked us to post a message
to current and former employees of Enterprise Rent-A-Car. See
our page on
Enterprise Rent-A-Car law firms. They would like to speak
with current and former Assistant Managers about working hours.
Wednesday, January 25th
I'm always looking for better ways to help our community members,
and many people feel the Group-specific forums are particularly
useful. Due to to increased participation by several groups,
I've added three new forums specifically for:
Group 10 - MA, ME
Group 16 - MD, DC
Group 53 - NC
A week ago, I added a new forum for French-Speaking Canada, and
it hasn't done well. Maybe I need to get the word out in
French?
There's also a new forum specifically for Sexual Harassment at
the workplace for Enterprise employees; this topic seems to keep
generating new posts.
Lastly, I've created a new forum for the "discovered" damage and
other repair scams that customers just keep getting bitten by.
For the past two days, we've served over 33,000 page views per
day. This is simply amazing.
Tuesday, January 24th
The Failing Enterprise telephone message line has run its course
and I'm closing it down. I got the phone call I was waiting
for. Thanks to everyone who left me a message!
Sunday, January 22nd
The
page on Enterprise Rent-A-Car on the
Wikipedia has been vandalized
again. Sure, it's easy to just roll it back to a previous
known good version, but I wish whoever was doing this would stop.
They're coming from IP address 71.53.112.114. The
GeoBytes
IP Address Locator doesn't have a location for it, but
IP2Location.com
and
Melissa Data both trace it to Winter Park, Florida.
The reverse DNS lookup shows
nc-71-53-112-114.dhcp.sprint-hsd.net, so it's obviously a Sprint
DSL customer using a dynamically-assigned IP address.
Here are the last few hops of a TraceRoute, showing the trail
through Sprint's network:
14 82 ms 81 ms 82 ms sl-gw19-rly-3-0.sprintlink.net
[144.232.247.85]
15 87 ms 87 ms 88 ms sl-sprintwrbm-19-0.sprintlink.net
[160.81.168.230]
16 88 ms 88 ms 88 ms nc-69-69-52-246.sta.sprint-hsd.net
[69.69.52.246]
17 119 ms 121 ms 120 ms nc-71-53-112-114.dhcp.sprint-hsd.net
[71.53.112.114]
A note to the vandal: Send me e-mail to
comments2 ((at)) failingenterprise ((dot)) com to talk about this.
Tuesday, January 17th
Despite the fact that the postcard mailing campaign was a limited
trial run, it appears to have been a smashing success! Traffic
for the past week or so has been running 30-100% higher than
expected, depending upon which metric you use. This is pretty
sweet, given that it was taking us 6-7 months to double our traffic
before the campaign. We'll have to see how much of this
increase we sustain going forward, but I'm pretty certain that if
people visit our discussion board even once, they'll be addicted and
just keep coming back. And then, of course, there's word of
mouth.
The success of this campaign also confirms what I had suspected,
that there are still lots of Enterprise employees who have not yet
heard of Failing Enterprise, and that a simple invitation can lead
them to become eager readers.
I'm now getting requests to mail postcards to more U.S. groups,
as well as to the Canadian and U.K. groups. Let's see what the
future brings!
I've updated the
traffic
reports page and charts. For the past seven days, we've
served an average of 25,000 pages per day! This is amazing
compared to just ten months ago when we served fewer than 6,000 page
views per day. Since Enterprise's lawyers bullied our
third-party discussion board into shutting us down last March,
forcing us to build our own discussion board in-house, our traffic
has doubled, and then doubled again. It was the best thing
that could have happened to us.
In the big picture of the Internet, serving 25,000 page views per
day makes us a significant medium-sized web site. All trends
indicate another doubling in the next 6-7 months.
Sunday, January 15th
I just completed an update on
our page
comparing Alexa traffic rankings. We're still #2, behind
only the PayPal Sucks site. In fact, of the six sites
mentioned in last year's Forbes magazine round-up on top corporate
hate sites, we get more traffic than five of them. We're also
still getting more traffic than either of Enterprise's recruiting
sites, which really has to be embarrassing.
Saturday, January 14th
A month or two ago I started placing ads for Failing
Enterprise through Google to run on both its search engine web site
and on its affiliate websites. I wanted to be able to invite
more people to have a look at our website, particularly if they were
considering becoming an Enterprise Rent-A-Car customer or employee.
I figured more information is better than less and I was willing to
pay a modest fee out of my own pocket to show ads inviting people to
have a look.
I was confident that I could use the terms
"Enterprise" or "Enterprise Rent-A-Car" in the ads, despite
Enterprise having a trademark on them because I was using their mark
only for purposes of identification, wasn't using them for any
"commercial purpose", and thus was well within the protective
exception known as "Fair Use". I'm no attorney, but my
attorney assured me we were fine here.
I'm disappointed to say that both Enterprise and
Google have participated in some really shameful behavior here and
together are blocking my ads. Enterprise contacted Google and
demanded the ads be banned. I made my argument about "Fair
Use" and Google completely wimped out.
Here is my final e-mail to Google:
Hello,
Enterprise Rent-A-Car has apparently asked you to ban what
is obviously "Fair Use" of their trademark even when used solely
for purposes of identification, and you are accommodating them.
You are granting them intellectual property rights that simply
don't exist in the law and allowing them to use these rights to
suppress free speech.
I believe this is in direct contradiction to your "Don't
Be Evil" policy and I intend to call you on it.
Also, it appears you are once again applying this rule
solely to my ads, and not others, as you're currently allowing
ads from other advertisers (www.kayak.com) using their mark (see
attached PDF).
I want to get a final answer from you before I publicly
discuss this issue on my blog at
www.FailingEnterprise.com and submit it to
www.slashdot.org.
I think you're making an error in judgment and that you
should correct it immediately. What say you?
FailingEnterpriseAdmin
www.FailingEnterprise.com
This is Google's final response:
Thank you for your email. While we understand your concern
with being able to make fair use of the trademark term
Enterprise, please note that Google is not in a position to
start evaluating what fair use is in each case. As I informed
you in my last email, it is trademark owners who ask us to
restrict the use of their term in the system. Accordingly, we
limit the use of their mark in accordance to their complaint. In
this case, the complaint does not authorize you to use the mark.
If you think you have a right to use it, please contact the
trademark owner directly. Thanks for your understanding.
Best Regards, Carola Google AdWords Trademark Team
Here is my response: This week the U.S. Postal
Service delivered thousands of
postcards to a subset of Enterprise branches through the U.S.
It was a trial run to see how effective direct mail to the branches
would be, and it's obviously been very effective. If
Enterprise wants to try to bully my providers (again) into removing
truthful information off the Internet, then I'll get the word out
through other means.
I am reminded of their efforts last March to bully my third-party
discussion board provider and my internet service provider. In
that case, they were effective at shutting down the old discussion
board. My response was to build the new discussion board, on
my own server in my own Class A Data Center and create my own Terms
of Use. Their shutting down our old discussion board was the
best thing that ever happened to us as we now have a much better,
faster, more configurable board and have received 23,000 new
postings on it in the past ten months.
Once again, bullying by Enterprise attorneys has led to a
response from us that has led to our becoming stronger and better
than ever.
Friday, January 13th
Yesterday was another day of records. We had 123,817 hits
(a new record) and served 853,361 KB (a new record) and our daily
post count average is up to 264 (also a new record). We also
served 34,243 web pages. Wow! I guess direct mail works,
although I must say this was a particularly well-targeted mailing
list.
I got confirmation yesterday the postcards were arriving at
branches in Washington state. Sweet!
Thursday, January 12th
Yesterday was Day Three of Postcard Week. We were visited
by 1,936 unique IP addresses (another new record), had 3,980 web
sessions (visits), served 31,405 pages, pushed 819,724 KB of data
(another new record) and had our third consecutive day of 320+ posts
on the discussion board. Direct mail works!
I've also now updated the
Enterprise Rent-A-Car page on
Wikipedia with this
year's financial estimates, a minor enhancement and a small
correction.
Wednesday, January 11th
Yesterday was Day Two of Postcard Week. We've now heard
from branch employees in Missouri, Massachusetts, New Jersey,
Connecticut, and Pennsylvania. That means there are a lot more
to be delivered.
Traffic yesterday was amazing. We were visited by 1,931
unique IP addresses (a new record), served 119,259 hits (a new
record) and pushed 817,998 KB of data (also a new record). We
also served an astonishing 29,245 pages! It looks like the
postcard campaign is working! It also looks like our 10% per
month exponential growth rate in traffic is now increasing.
Tuesday, January 10th
We set a couple of new traffic records yesterday. I've been
working on a direct mail piece to the branches for a couple of weeks
now and some of the postcards were delivered yesterday. I've
heard from branches in Massachusetts and Rhode Island. I think
we're going to be hearing from a lot more branches tonight.
Yesterday we had 100,583 hits on the site, served 603,318 KB of
data, and saw 379 new posts on the discussion board, all of them new
records. This is starting to make us a medium-sized web site
in the grand scheme of things. We're not up there with
craigslist or eBay yet, but we're definitely no longer down in the
weeds. Traffic keeps doubling every six months or so and I
think we've got several more years of this exponential growth ahead
of us.
I wish Enterprise would make the changes they so obviously need
to make and would quit with the unethical and probably illegal
behavior, but they seem bound and determined to dig in their heels,
pretend the Internet doesn't exist and hope this whole thing blows
over. In free markets, dinosaurs like this get replaced by
nimbler companies who "get it".
After two years, Enterprise is apparently still hoping that if
they ignore Failing Enterprise we'll somehow just go away. We
served 23,123 web pages yesterday. Are they slow learners?
Saturday, January 7th
Happy Birthday to Failing Enterprise! At the end of
December we celebrated our 2nd birthday. Does this mean
Failing Enterprise is now in its "terrible two's"? Let's hope
so.
Traffic continues to steadily increase. For the last two
days we've served 22,000 pages per day, and the discussion board now
has 27,000 messages and is gaining 1,000 new ones each week.
I've updated the
traffic
report page to reflect the new increases.
More on Enterprise
car rental at the Failing Enterprise home page. |