Eli Hernández, who I wrote about this weekend, has had his partner (?) at TheEyeWorks threaten me with legal action.  Comments have a way of disappearing on my blog, so I wanted to document here in a blog post what this Dallas PR and Marketing agency is saying.

Here’s the quick summary and sequence of events.

1) This weekend, Eli shared out a link on Twitter to the CNN version of the story I talked about last week on SiliconANGLE, concerning a mother’s tragic loss of her two year old son.

2) I mentioned that the headline was slightly inaccurate, and it painted a picture of the story that was much worse than what actually happened.

3) We exchanged words in which he insinuated that I just “didn’t get it,” and made a joke about the mother and her deceased son.

4) I asked him if he really found the situation funny.

5) He said he did.

6) I blogged it.

7) He and Ramir Camu, the president of TheEyeWorks, came to my blog to petition me to take it down, accuse me of slander, and threaten legal action.

8) I refused, as is my policy.

9) I offered to do an update to the post should he apologize for his crass jokes.  They, so far, haven’t taken me up on that.

Honestly, I’m not really concerned about the legal threats.  I regularly cover PR 2.0 issues here on the blog – and the issues I raised are legitimate.  The link to his company was right there in his Twitter account, and he shared out primarily work-related (that is PR, social media, and tech) links on the account.  To me, that means he’s trying to use Twitter to raise his personal profile in those areas of expertise to the benefit of his company.

To use that same account to make crass comments means he needs to be ready for the negative social ramifications as well, including transference to the company he’s an executive in. Case law on this is pretty well documented – you can get in trouble with the SEC over comments you make on a blog or Twitter relating to your company (just ask Marc Cuban).

Furthermore, there are two terms I suggest the folks at TheEyeWorks go look up – slander and The Streisand Effect.  Suing me, instead of eating crow or letting it lay as is, will only result in further bad PR for them.

More specifically, it isn’t slander if it’s true, and The Streisand Effect shows clearly what happens when you make a mountain out of a molehill. As it is, just the threat of lawsuit has resulted in yet another negative post about TheEyeWorks.  How far do you think these guys want to take it before they educate themselves in what it is they purport to do for a living?

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