Pollen(CEO Negus-Fancey,CTO Wright)试图删除该文章,而谷歌提供了协助。
Pollen tried to remove my article and Google is assisting with it

原始链接: https://blog.pragmaticengineer.com/pollen-tried-to-remove-my-article-about-callum-negus-fancey-and-google-is-assisting-to-it/

2022年,活动科技公司 Pollen 在曝出高管管理不善的丑闻后宣告破产,其中包括拖欠工资、养老金缴存缺失以及未退还的客户重复扣款等问题。BBC 纪录片《崩溃:8亿美元的音乐节烂摊子》(Crashed: $800M Festival Fail)详细记录了该公司的倒闭过程,使前员工和供应商陷入困境。 四年后,一篇关于 Pollen 倒闭的深度调查报道的作者称,其原文因遭到虚假的数字千年版权法案(DMCA)投诉而被谷歌移除索引。该删除通知由一个可疑实体提交,该实体声称位于无人居住的布韦岛(Bouvet Island),并虚假宣称该文章抄袭了1998年《纽约邮报》的一篇文章。 作者怀疑,以首席执行官卡勒姆·内格斯-范西(Callum Negus-Fancey)为代表的 Pollen 前高管团队正利用声誉清理公司来掩盖真相。这种审查企图适得其反,触发了“史翠珊效应”,使公众再次关注该公司的不光彩历史。与此同时,法律诉讼仍在进行中,前员工正起诉 Pollen 高管,要求支付拖欠的工资和福利。作者表示将继续跟进报道,并指出试图掩盖事实只会引发公众对 Pollen 不当行为的进一步审视。

《务实工程师》(The Pragmatic Engineer)最近的一篇文章详细描述了 Pollen 公司如何利用欺诈性的《数字千年版权法》(DMCA)删除通知,强迫谷歌从搜索结果中移除一篇负面文章。 随后 Hacker News 上的讨论凸显了大型科技平台在处理版权投诉方面存在的系统性缺陷。评论者认为,当前的流程已被恶意行为者武器化,他们利用虚假身份和地址来抹除不利内容。由于谷歌等平台若不“迅速”采取行动便面临法律责任,它们往往优先考虑合规而非核实。 社区认为,这造成了巨大的不对称:欺诈性删除既无成本又近乎即时,而受害者却必须耗费大量时间、金钱或牺牲个人隐私来抗争。建议的解决方案包括:要求提供可验证的真实身份、强制要求提供法院禁令才能删除内容,或执行现行(但目前被忽视)的伪证刑事处罚。归根结底,许多参与者认为这是一个破碎的自动化系统,它将平台保护置于真相之上,并频繁导致“史翠珊效应”,即压制信息的企图反而引发了更多关注。
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原文

In 2022, I wrote about the damning fall of events tech company Pollen. The short of it:

Pollen seemed to have pulled off the improbable feat of building a business in the notoriously low margin industry of events, surviving Covid-19, and building a solid software engineering organization. In April this year, the company announced it had raised another $150M in fresh funding.

But just three weeks later, Pollen laid off about 200 people, a third of staff. Leadership assured employees all was well. However, from that point on, things got worse. Leadership later pulled the plug on Slack, employees were not paid wages, pension contributions went missing, and vendors were not paid. Some vendors took matters into their own hands; on 9 August 2022, JIRA was suspended when Atlassian tired of the company’s failure to pay.

On 10 August 2022, Pollen went bankrupt, collapsing into administration.

The article looked bad on Pollen's founder, Callum Negus-Fancey. He was ultimately responsible for lying to staff, not paying salaries, the missing pension contributions, and the unpaid health insurance for US employees. The story was so bad that the BBC created a documentary titled Crashed: $800M Festival Fail

And then there was the $3.2M dobule charge for customers, manually initiated by CTO Bradley Wright, detailed extensively in the documentary Crashed: $800M Festival Fail. That double charge would have been trivial to reverse, but the reversal never happened, customers never got their money back, and the postmortem of the incident was never released to staff.

Four years later, Pollen and Callum Negus-Fancey are attempting to erase this shameful story from the public record. The article is my original writing, and thus I am the copyright holder of it. So imagine my surprise when I was notified that Google removed the article from its search results thanks to a copyright infringement claim it received:

It seems that anyone can file a bogus copyright claim to get an article they don't like removed from Google's search index. This happened in this case. I have no information on who filed the copyright claim. Even less so on who claims to be the copyright owner? Because I am the only possible copyright owner!

And Google has gone ahead and removed my article about Pollen's shameful collapse from its search results.

I have the option to appeal, which I have done so.

Google's copyright removal system is clearly being abused, to a comical degree. Someone doesn't like that I went into extreme detail about the events at Pollen - all of which are facts. And, for some reason, bogus copyright requests can be weaponized to remove information like this from Google's search index.

I managed to find the bogus DMCA complaint submission, after Google removed my site from search results. It is absolute BS: it claims that my original article is a copy of a The New York Post article. Which is absolute nonsense!

This "Ellie Piee" claimed that this 1998 article titled Band Leader Hits Winning Chord was copied by my article Inside Pollen’s Collapse: “$200M Raised” but Staff Unpaid - Exclusive. The two do not even share a single sentence!

The fake DMCA is made by a fake profile from a country with zero inhabitants. The removal requests by this "Ellie Piee" are made from the country called Bouvet Island, an uninhabited Norwegian dependent territory in the South Atlantic/Southern Ocean near Antarctica. It has zero inhabitants, and is referred to as the "world's most remote island."

Bouvet Island. No inhabitants, and yet Google accepted a fake DMCA takedown request from a fake person claiming to reside here. What a joke

Why does Google allow fraudulent DMCA notices to be filed with no penalty? My own speculation is that it is clear enough that either Pollen, or its former CEO Callum Negus-Fancey, or its cofounder and COO Liam Negus-Fancey or someone else related to the company hired reputation firms to remove Pollen articles from Google. This firm then files the most bogus requests under fake names supposedly residing in uninhabited regions of the world, and Google complies.

I never thought I would have to revisit the shameful history of Pollen, but someone at the company felt the need to prompt me to do so.

Lawsuits are still ongoing against Pollen, by the way. Now that someone from Pollen tried to erase the record of this story, I got a bit of renewed interest in what has happened since. In California, the lawsuit Tayler Ulmer vs Pollen is still in progress, summarized as:

  • Tayler Ulmer and five other named former employees, on behalf of themselves and “all similarly situated employees” claim to have been laid off without paid wages and benefits, plus claiming possible fraud
  • The filing says that Pollen executives Callum Negus‑Fancey, Liam Negus‑Fancey, and James Ellis are personally liable in this lawsuit
  • The lawsuit wants to reclaim unpaid wages, unpaid severance, restoration of lost 401(k) contributions, and a uling that all the named entities and individuals are jointly liable, including successor entities, so employees can collect regardless of how Pollen shuffled assets and dissolved subsidiaries

I am wishing best of luck to the claimants - former Pollen employees - and we will see how the judge rules in this lawsuit. The more Pollen wants to silence me writing about this, the more I'll likely pay attention.

Pollen executives should have read what the Streinsand effect means!

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