Originally Posted by
Dan Druff
Here is my opinion:
1) I find it unlikely that Dan Fleyshman was only buying a single month's worth of ads. I believe Eric when he says that Dan signed a yearlong contract to buy ads in BLUFF, starting in February 2010. I find it unlikely that he would lie about this.
2) I believe that Dan probably did attempt in some way to cancel in late June, 2010, but somehow there was a miscommunication and whoever Dan was speaking to probably didn't understand what he was getting at. I will say that the e-mails I saw posted by Dan were rather confusing and difficult to follow.
3) I don't understand why BLUFF ran the ads as long as they did. It seemed to drag too long. If Dan was truly unreachable, unresponsive, or expressing displeasure with the deal in some way, the ads should have been pulled down earlier. Part of me believes that BLUFF was having a hard time getting a clear answer from Dan, and therefore decided to keep running the ads, fearing pissing him off (and perhaps not getting payment) if they were pulled.
4) I don't buy the whole idea that Dan should not be responsible for Victory Poker's debts. When you start up your own small business, it is an extension of you. This is different than running a large corporation. If your small operation fails, the moral thing to do is pay the business' debts, and not hide behind legal loopholes that allow you to slink away from your obligations because technically they're owed by your defunct business. That's garbage, and as far as I'm concerned, is just as bad as stiffing someone out of a personal debt.
5) Since we're not debating this from a legal point of view, I also don't really accept Eric's "cancellation fee" and "contract" line of reasoning for how much Dan owes him. That's legal pettiness, as far as I'm concerned. However, it is reasonable for BLUFF to expect Dan to pay them for at least a few months of advertising, say February-May. When you sign a year contract to advertise, it's not fair to pay for a month and cease payment, especially without sufficient and clear notice to the magazine that you don't want to continue.
6) I feel Dan should pay anything he owes to the Maven, whether it's a personal debt or one involving Victory Poker.
7) I don't believe BLUFF maliciously ran the ads for so long in order to intentionally rack up more bills against Fleyshman.
I actually don't believe Dan set out to cheat BLUFF. He probably got overwhelmed with everything going on at Victory, neglected the BLUFF advertising situation, and then was frustrated months later when his struggling company was expected to pay $15k/month for ads he had completely forgotten about. Still, the ads did actually run, and it looks like Dan did not cancel for at least a few months, so he can't cry foul about this after signing a contract promising to run them a year.
I realize that this is unlikely to be settled, but I would think the fair thing to do here would be for Dan to offer some kind of reasonable settlement for the advertising period of March-May (3 months). Maybe not 15k/month, but something at least that will make BLUFF feel somewhat whole from this mess.