Keeping You Updated: Communications with Tumblr’s General Counsel [⇒] (continued)
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09/19/2011
A few minutes ago, I sent a fourth email to Tumblr’s General Counsel indicating that I would not stop distribution nor comply with the some of the requirements set out in his original message to me (on 09/02) within the 10 day deadline he specified (which expires at the end of business today).
In addition, I have reiterated my requests for information regarding specific Tumblr policies that would be used as grounds for the punitive action of deleting my personal Tumblr account should I continue to distribute Missing e without acquiescing to their requirements (as I was told would be their intention by phone).
As before, the contents of this email and all recent exchanges with Tumblr are available for you to view on the Missing e website. Click here to read more.
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Background
Two weeks ago, as per my request, I received an official written communication from Tumblr’s General Counsel requesting I comply with their requirements for Missing e. While this letter did not specifically mention the punitive action of deleting my personal Tumblr account if I do not stop distribution (as I was told would be their recourse in a conference call with Tumblr staff two weeks ago), it did outline some specific issues that the company has with Missing e.
Since then, I have contacted Tumblr’s General Counsel a number of times to clarify some misconceptions regarding Missing e, assert my position on the applicability of the Tumblr API License Agreement and the freedom of users to install and use brwoser extensions, as well as to request specific information regarding the grounds for which they will delete my personal account for what are purported to be violations of their API License Agreement, as this action is not based on that agreement.
In the interest of transparency, I have published this email exchange on the Missing e website for users and other interested parties to read. Please note that the discussion (for my part, at least) is ongoing.
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Communicating with Tumblr's General Counsel
As you may remember, I received an email from Tumblr’s General Counsel nearly two weeks ago demanding that I comply with their interpretation of Tumblr’s policies. I requested this in writing after a surprise phone call on the topic, during which I was told that if I did not address the apparent issues to their satisfaction or stop distribution of Missing e, my personal account (and all of its associated blogs) would be deleted.
I replied the very next day with an email intended to clarify Missing e’s implementation and the applicability of Tumblr’s policies, as well as to request more information regarding how Tumblr intends to apply their policies to delete my account based on what they believe are violations of their API License Agreement (which, so far as I can tell, does not offer this as a punitive action) should I desire to consult with legal counsel.
Since replying to the initial email eleven days ago, I have not received a response. In the meantime, you are welcome to keep up with the email exchanges on the Missing e website.
Keeping You Updated: Communications with Tumblr’s General Counsel [⇒]
—
Last week, as per my request, I received an official written communication from Tumblr’s General Counsel requesting I comply with their requirements for Missing e. While this letter did not specifically mention the punitive action of deleting my personal Tumblr account if I do not stop distribution (as I was told would be their recourse in a conference call with Tumblr staff two weeks ago), it did outline some specific issues that the company has with Missing e.
I do not agree with their interpretation of their own policies and the applicability of the Tumblr API License Agreement, and I replied as such. However, I have also made some changes to the extension based on their feedback and attempted to correct what I believe are misconceptions evident in some of the other claims they make regarding Missing e. I have also requested more information regarding the grounds for which they will delete my personal account for what are purported to be violations of their API License Agreement, as this action is not based on that agreement.
In the interest of transparency, I have published this email exchange on the Missing e website for users and other interested parties to read. Please note that the discussion (for my part, at least) is ongoing.
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Close to completely stripping all significant page scraping and all uses of the Tumblr API!
I only need a set of legal eyes for a little document review. Drop by my ask box if you can help!
I am continuing discussions with Tumblr regarding their concerns with the Missing e browser extension. I have asked for clarification on a number of points, especially with reference to the new Tumblr API License Agreement by which all applications that use the API must agree to be bound.
A small subset of Missing e will definitely be affected. Some must be updated to make better use of the Tumblr API and at least one will be removed entirely (future versions Missing e will no longer provide the capability to hide the Tumblr Radar or other promotional content).
It is understandable, and frankly expected, that they wish to maintain the integrity of their content offering. Users of the Tumblr API must respect this. The hiding of the Tumblr Radar is a feature I never felt comfortable adding to Missing e, and I will have no second thoughts about removing it. Not just to conform to the Tumblr API License Agreement, but also in respect of the bottom line of a company that offers a product that I enjoy immensely.
It is perhaps worth mentioning that Tumblr provides the API (on which features like Timestamps and Magnifier are based) in order to allow third-party applications to provide some useful features, in turn. By doing so, they knowingly open their server systems to additional load. Users of the API should recognize the line between overloading these systems and providing useful features to consumers of third-party applications, and tread that line carefully.
Other roadblocks to the continuing distribution of Missing e relate to modifications of the Tumblr interface. I believe that Missing e provides a significant number of enhancements to the Tumblr dashboard and posting interfaces. I continually strive in my development of this extension to only enhance the Tumblr experience, and not to detract from it or force significant changes on users of both Tumblr and Missing e. This is the reason that many of Missing e’s interface modifications are not activated when you first install them. Significant changes by a third party should always be done with the option for its users to customize or deactivate interface modifications that they do not want.
I hope for a productive discussion and negotiation with Tumblr that will result not in pleasing myself or Tumblr’s staff, but in making your experience on this site a smooth and rewarding one.
I really appreciate all of your support, and if I could ask for just one more thing it would be your continued patience.
After a phone meeting with Tumblr staff, I was asked to stop distributing Missing e until such time as it can be updated to comply with their requests to improve integration with the Tumblr service and API interface under the API License Agreement.
Please stay tuned to the Missing e Tumblr for updates as I am able to provide them.
Please note that users who already have Missing e installed will be able to continue using it. There will be no new installations (or reinstallations) until the extension is updated.
Tumblr, as always, has the right to block the use of versions of Missing e prior to this future update from functioning on their site, though I do not believe that this is a route they will be taking in the near future.
(via missing-e)
After a phone meeting with Tumblr staff, I was asked to stop distributing Missing e until such time as it can be updated to comply with their requests to improve integration with the Tumblr service and API interface under the API License Agreement.
Please stay tuned to the Missing e Tumblr for updates as I am able to provide them.
Tumblr Engineering: Introducing Tumblr's New API
Welcome to the Tumblr API, v2!
Want to know what’s changed and why? Read on. Just want to dive in? Head on over to the API documentation, sign up for a key, and get hacking!
New Features
Features on Tumblr evolve rapidly. With the API, we have not attempted to provide complete feature…
I’ve already signed up for an application key. I’m not sure how much Missing e will change to exploit the new API, but I’m sure there will be one or two places. You may not notice them, but in some places they will make the extension a bit easier to maintain and perhaps a little bit better.
I do notice that Tumblr states that “with the API, we have not attempted to provide complete feature parity with the website. Instead, we’ve focused on those features which have become widely adopted and thus core to the experience.”
However, they have not included asking or answering asks, replying or liking posts. Those feel like core to the experience to me. This will continue to make mobile or third-party apps incomplete.

![Keeping You Updated: Communications with Tumblr’s General Counsel [⇒] (continued)
—
09/19/2011
A few minutes ago, I sent a fourth email to Tumblr’s General Counsel indicating that I would not stop distribution nor comply with the some of the requirements set out in his original message to me (on 09/02) within the 10 day deadline he specified (which expires at the end of business today).
In addition, I have reiterated my requests for information regarding specific Tumblr policies that would be used as grounds for the punitive action of deleting my personal Tumblr account should I continue to distribute Missing e without acquiescing to their requirements (as I was told would be their intention by phone).
As before, the contents of this email and all recent exchanges with Tumblr are available for you to view on the Missing e website. Click here to read more.
—
Background
Two weeks ago, as per my request, I received an official written communication from Tumblr’s General Counsel requesting I comply with their requirements for Missing e. While this letter did not specifically mention the punitive action of deleting my personal Tumblr account if I do not stop distribution (as I was told would be their recourse in a conference call with Tumblr staff two weeks ago), it did outline some specific issues that the company has with Missing e.
Since then, I have contacted Tumblr’s General Counsel a number of times to clarify some misconceptions regarding Missing e, assert my position on the applicability of the Tumblr API License Agreement and the freedom of users to install and use brwoser extensions, as well as to request specific information regarding the grounds for which they will delete my personal account for what are purported to be violations of their API License Agreement, as this action is not based on that agreement.
In the interest of transparency, I have published this email exchange on the Missing e website for users and other interested parties to read. Please note that the discussion (for my part, at least) is ongoing.
—
Read the recent email exchanges](http://25.media.tumblr.com/tumblr_lrs7ku7n6o1qhextuo1_500.jpg)
![Keeping You Updated: Communications with Tumblr’s General Counsel [⇒]
—
Last week, as per my request, I received an official written communication from Tumblr’s General Counsel requesting I comply with their requirements for Missing e. While this letter did not specifically mention the punitive action of deleting my personal Tumblr account if I do not stop distribution (as I was told would be their recourse in a conference call with Tumblr staff two weeks ago), it did outline some specific issues that the company has with Missing e.
I do not agree with their interpretation of their own policies and the applicability of the Tumblr API License Agreement, and I replied as such. However, I have also made some changes to the extension based on their feedback and attempted to correct what I believe are misconceptions evident in some of the other claims they make regarding Missing e. I have also requested more information regarding the grounds for which they will delete my personal account for what are purported to be violations of their API License Agreement, as this action is not based on that agreement.
In the interest of transparency, I have published this email exchange on the Missing e website for users and other interested parties to read. Please note that the discussion (for my part, at least) is ongoing.
—
Read the recent email exchanges](http://24.media.tumblr.com/tumblr_lr8o5yHKPm1qhextuo1_r2_500.jpg)


