Well if they did the right bloody thing by us they wouldn’t be reading it would they?
I’m in your corner Mark, this is a public forum and I have alway told the truth.
0 likes
chris
why? are they afraid of constructive comment?
0 likes
BAZ
Don’t worry Mark, the ANF will jump right in…won’t they ?
Baz
0 likes
Vaughan
Legal threat of what? I am sure the ACCC have more things to worry about.
Universal are a part of the problem; why don’t they get off theor collectives and add some tangible discussion points to this issue, rather than threaten legal action on an issue they know is hurting newsagents.
If its defamation they have to prove what Mark is saying is false, good luck with that.
0 likes
Derek
Mark- Do what you think is best for you, the information shared is valuable, its up to the contributors and visitors to make up their own minds now in what to do. Write to your distributor and request you no longer want to receive Universal Publications.
Maybe ACP may see the light, are they the distributors?
Sa Paperboy maybe right!
Found this link, no wonder Newsagents are complaining of oversupply and then long shelf life on the majority of these titles. One would think they should reassess their last approach and engage.
Like Michael indicated, we are in your corner because we cannot go any further.
0 likes
Lorraine
Hi Mark,
Congratulations. this is fantastic news. The outcome of Universal taking action will be enormous.
Let’s just run this a bit.
Universal sell lots of advertising for one of their publications based on the reach of the title. No consideration to the merit of the title, just the advertising income.
Universal hire and pay a third party to distribute every copy so they can say the agreed quantity is distributed.
That third party,being a distributor, have developed a network of retailers whom they contractualy force to take the magazines and pay for them.
That distributor forces the third party, in our case the newsagent, to pay for everything they send them irregardless of the merits of the title, simply to meet the agreement they have with Universal.
Then to make it easier on the distributor, he imposes freight costs on the third party to return what he didn’t want anyway. Then checks to make sure he has returned not a single unit more and then, sometime up to 6+ months later on, reimburses the newsagent – but only for that which is not returned thereby forcing the newsagent to carry costs of shrinkage through theft.
By the time this hits the courts, the ACCC, at risk of looking like the toothless tiger they are, will jump into the fray and claim they are investigating a third line forcing issue and an unconcienable conduct matter. Can you imagine Mr Samuel when a court asks why this has reached the court given the current legislation?
As I said Mark, congratulation on getting a publisher to respond. Now all we have to do is ensure they commence action. I’ll give you $1000 right now to defend the matter. Not much by itself but a few thousand newsagents at that amount and I doubt Universal will be able to continue.
And after all, I for one would telephone key advertisers in the Universal magazines and let them know how little exposure their advertising dollar is actually getting.
Sadly, some companies in Australia are still run like the internet does not exist thinking that everything they do is still hidden and kept isolated. Many big companies in the USA have reversed bad customers decisions because of the people power on the internet.
I run like my company with every email, every phone call and every interaction with my dealers as if it may be published on the internet in the event of a mistake or bad experience. It keeps me on my toes but reminds me who is the most important.
With respect to Lorraines post about advertising, as a Toys Distributor now have a more powerful knowledge base to work from knowing that the claimed circulation figures are not correct.
I now spend my marketing money elsewhere until the publishers give me more real world stats about sales not printed copies.
I am now telling all my distributor friends to keep away from magazine advertising until the industry sorts itself out.
Michael, Under threat of immediate legal action I cannot be specific. Universal has an opportunity to pursue a fair and equitable magazine supply model. I hope they choose that path. Mark
0 likes
Michael
Mark, you’ve only stated what every newsagent knows anyway. Delete the posts and the comments. – For now.
0 likes
Derek
Money is tight, however I will match Lorraines $1000 if push comes to shove. Keep the blog updated Mark.
0 likes
Michael
Derek, at the moment Mark is gagged to a certain extent.
I’m not and would like to highlight that there are two businesses not doing the right thing with the 3500 businesses they rely on.
It is because a lot of newsagents are lax and just take what they are given because they sense the two businesses have a power over them. They don’t.
I was going over Mark’s proposed contitution for a new national body last night – word for word.
Although I don’t agree with all of it, I’d rather put up $1000 to get that started. Our businesses are being bullied way too much. I know I’m going to go broke the way things are going, with too much control going to other sources.
0 likes
Brett
Have a look at the QNF/NANA proposal for a national body. The two organisations that stood up to Bill Express and won the day and now they want to extend that service nationwide, I say lets back that model.
0 likes
Michael
I’ll have a look Brett.
FYI Mark,
I’ve done a bit of legal research and found that making threats of legal action as a bluff can be counter sued successfully.
Don’t lose sleep over it mate, I believe
you’re as safe as houses!
0 likes
anon
phew!! thats a relief.
Where would Mark be without his trusty sidekick Robin
0 likes
Michael
anon, I do travel around often, I’m quite likely to walk your door one day, tell me your dribble then please.
0 likes
Aaron
off-topic-
anon, you must be pretty sad and pathetic if all you do is come here to troll nearly everyday. does it give you a high to start arguments and insult people on the internet?
says a lot about you.
I’ve still got my final vce exams to finish, which you (possibly) completed years ago, and yet you act more childish than me or my friends. grow up for once.
———
on topic-
can you be sued for voicing an opinion?
seems a bit drastic.
0 likes
Michael
Aaron, very difficult question! Yes and No is probably the best answer. Without saying too much, Australian courts have a dim view on people doing that type of thing and if they are successful they really need to be in the complete right. Read ten pages on the topic and you’ll know what I mean.
Good luck with the VCE exams.
0 likes
Chris
Aaron,
Probably best not to take too much legal advice from Michael – Telling you that yes and no is probably the best answer to your question” is about the extent of his legal studies.
0 likes
Michael
It’s not advice anon, if you can sum it up better for Aaron, go for it.
The short answer is no. To my knowledge, civil action cannot be talen against someone simply for voicing their opinion. However civil action can be taken against someone, in certain circumstances, on the basis of the content of the opinion or the way in which the opinion is presented.
There are multiple pieces of legislation that covers this. Each will be relevant to diffferent circumstances.
Defamation is the most commonly referred to legal concept when it comes to people voicing their opinions.
There is uncertanty in Australia as to the legal protection of freedom of speech. There is an incredible amount of information on the topic.
Mark thank you for taking a stand. In my newsagency universal performance is bad. I am writing to cancel supply. Keep us posted on the legal matter. I am happy to controbute to the cost. I am one of the silent majority newsagents. No more.
Well if they did the right bloody thing by us they wouldn’t be reading it would they?
I’m in your corner Mark, this is a public forum and I have alway told the truth.
why? are they afraid of constructive comment?
Don’t worry Mark, the ANF will jump right in…won’t they ?
Baz
Legal threat of what? I am sure the ACCC have more things to worry about.
Universal are a part of the problem; why don’t they get off theor collectives and add some tangible discussion points to this issue, rather than threaten legal action on an issue they know is hurting newsagents.
maybe they are threatening to stop his supply…
If its defamation they have to prove what Mark is saying is false, good luck with that.
Mark- Do what you think is best for you, the information shared is valuable, its up to the contributors and visitors to make up their own minds now in what to do. Write to your distributor and request you no longer want to receive Universal Publications.
Maybe ACP may see the light, are they the distributors?
Sa Paperboy maybe right!
Found this link, no wonder Newsagents are complaining of oversupply and then long shelf life on the majority of these titles. One would think they should reassess their last approach and engage.
http://www.isubscribe.com.au/publisher.cfm?pubID=25
Like Michael indicated, we are in your corner because we cannot go any further.
Hi Mark,
Congratulations. this is fantastic news. The outcome of Universal taking action will be enormous.
Let’s just run this a bit.
Universal sell lots of advertising for one of their publications based on the reach of the title. No consideration to the merit of the title, just the advertising income.
Universal hire and pay a third party to distribute every copy so they can say the agreed quantity is distributed.
That third party,being a distributor, have developed a network of retailers whom they contractualy force to take the magazines and pay for them.
That distributor forces the third party, in our case the newsagent, to pay for everything they send them irregardless of the merits of the title, simply to meet the agreement they have with Universal.
Then to make it easier on the distributor, he imposes freight costs on the third party to return what he didn’t want anyway. Then checks to make sure he has returned not a single unit more and then, sometime up to 6+ months later on, reimburses the newsagent – but only for that which is not returned thereby forcing the newsagent to carry costs of shrinkage through theft.
By the time this hits the courts, the ACCC, at risk of looking like the toothless tiger they are, will jump into the fray and claim they are investigating a third line forcing issue and an unconcienable conduct matter. Can you imagine Mr Samuel when a court asks why this has reached the court given the current legislation?
As I said Mark, congratulation on getting a publisher to respond. Now all we have to do is ensure they commence action. I’ll give you $1000 right now to defend the matter. Not much by itself but a few thousand newsagents at that amount and I doubt Universal will be able to continue.
And after all, I for one would telephone key advertisers in the Universal magazines and let them know how little exposure their advertising dollar is actually getting.
This is great news,
Regards, Lorraine
Sadly, some companies in Australia are still run like the internet does not exist thinking that everything they do is still hidden and kept isolated. Many big companies in the USA have reversed bad customers decisions because of the people power on the internet.
I run like my company with every email, every phone call and every interaction with my dealers as if it may be published on the internet in the event of a mistake or bad experience. It keeps me on my toes but reminds me who is the most important.
With respect to Lorraines post about advertising, as a Toys Distributor now have a more powerful knowledge base to work from knowing that the claimed circulation figures are not correct.
I now spend my marketing money elsewhere until the publishers give me more real world stats about sales not printed copies.
I am now telling all my distributor friends to keep away from magazine advertising until the industry sorts itself out.
Do not worry about Universal CVC/ACP are in trouble
http://www.inquisitr.com/8115/pbl-media-in-serious-trouble-may-face-breakup/
well look out for the massive over supply of acp mags then to give there finances a boost
Mark, on what grounds are they telling you to do this? And who is behind this?
Michael, Under threat of immediate legal action I cannot be specific. Universal has an opportunity to pursue a fair and equitable magazine supply model. I hope they choose that path. Mark
Mark, you’ve only stated what every newsagent knows anyway. Delete the posts and the comments. – For now.
Money is tight, however I will match Lorraines $1000 if push comes to shove. Keep the blog updated Mark.
Derek, at the moment Mark is gagged to a certain extent.
I’m not and would like to highlight that there are two businesses not doing the right thing with the 3500 businesses they rely on.
It is because a lot of newsagents are lax and just take what they are given because they sense the two businesses have a power over them. They don’t.
Or what?
Cheers Michael
I was going over Mark’s proposed contitution for a new national body last night – word for word.
Although I don’t agree with all of it, I’d rather put up $1000 to get that started. Our businesses are being bullied way too much. I know I’m going to go broke the way things are going, with too much control going to other sources.
Have a look at the QNF/NANA proposal for a national body. The two organisations that stood up to Bill Express and won the day and now they want to extend that service nationwide, I say lets back that model.
I’ll have a look Brett.
FYI Mark,
I’ve done a bit of legal research and found that making threats of legal action as a bluff can be counter sued successfully.
Don’t lose sleep over it mate, I believe
you’re as safe as houses!
phew!! thats a relief.
Where would Mark be without his trusty sidekick Robin
anon, I do travel around often, I’m quite likely to walk your door one day, tell me your dribble then please.
off-topic-
anon, you must be pretty sad and pathetic if all you do is come here to troll nearly everyday. does it give you a high to start arguments and insult people on the internet?
says a lot about you.
I’ve still got my final vce exams to finish, which you (possibly) completed years ago, and yet you act more childish than me or my friends. grow up for once.
———
on topic-
can you be sued for voicing an opinion?
seems a bit drastic.
Aaron, very difficult question! Yes and No is probably the best answer. Without saying too much, Australian courts have a dim view on people doing that type of thing and if they are successful they really need to be in the complete right. Read ten pages on the topic and you’ll know what I mean.
Good luck with the VCE exams.
Aaron,
Probably best not to take too much legal advice from Michael – Telling you that yes and no is probably the best answer to your question” is about the extent of his legal studies.
It’s not advice anon, if you can sum it up better for Aaron, go for it.
Aaron,
The short answer is no. To my knowledge, civil action cannot be talen against someone simply for voicing their opinion. However civil action can be taken against someone, in certain circumstances, on the basis of the content of the opinion or the way in which the opinion is presented.
There are multiple pieces of legislation that covers this. Each will be relevant to diffferent circumstances.
Defamation is the most commonly referred to legal concept when it comes to people voicing their opinions.
There is uncertanty in Australia as to the legal protection of freedom of speech. There is an incredible amount of information on the topic.
This address has some good info. http://www.comslaw.org.au/LeftMenu/FreeSpeechDefamation/tabid/59/Default.aspx
Thanks Jarryd.
Thanks Jarryd. I’ll give it a read over.
Mark thank you for taking a stand. In my newsagency universal performance is bad. I am writing to cancel supply. Keep us posted on the legal matter. I am happy to controbute to the cost. I am one of the silent majority newsagents. No more.