Update at 4:30pm: Click Here to Read The Update
The United States Military Academy at West Point is going to sue me. I received a phone call from someone at West Point this morning at 11:18am.
The First Phone Call
The number looked unfamiliar, but I picked up anyway, and the conversation (more like an interrogation) went something like this:
Me: Hello?
WP: Is this Dave?
Me: Yes..?
WP: Are you a cadet at West Point?
Me: Uh.. Who is this?
WP: What’s your last name?
Me: (Pause) Smith.
WP: Where are you from?
Me: What do you mean… what state?
WP: Yeah.
Me: If you’re calling in regards to the Get Into Academy website, I’m just the webmaster.
WP: So what’s your name?
Me: Daehee
WP: What is David Smith’s contact information?
Me: I don’t know. I just have his email.
I then told him to email his concern to the address listed on the website and I would forward it to “Dave.”
Dave is my English nickname, by the way. I lied about my last name and identity because I don’t give out my personal information to people who call without identifying themselves and demand such information. I had a vague idea that the caller was from West Point because of what he was asking, but he didn’t reveal anything about his own identity (except that his name was Captain H, last name abbreviated to protect anonymity), so I decided to redirect his request to a pseudo identity called “Dave Smith.”
The Second Phone Call
I got a second phone call from West Point five minutes later. At this point I was nervous. Who the hell was this Captain H guy and what did he want from me? All that I knew was that I pissed someone off and I was in trouble.
This time around, Captain H was even more blunt. He said I wasn’t being very straightforward and that he needed more information on this David Smith cadet. He couldn’t find any information in the West Point database about someone named “David Smith.”
Now that I had a clearer idea that Captain H was calling from The USMA, I cut the bullshit. I said, “Actually, to tell you the truth, there is no David Smith. Dave is my nickname.”
Captain H then asked, “Are you a cadet at West Point?” to which I replied with a negative. And then, he asked again, “Are you 100% sure that you are not a cadet at West Point?” Yes, of course I am sure that I am not a cadet at West Point. I’m glad that I am not a cadet at West Point right now because Captain H’s tone of voice made it sound like I would have been expelled.
When I asked him what the problem was, Captain H said that I was violating intellectual property laws and the attorneys at West Point would be contacting me. He added that most likely this would end up going to federal court. End of story; he would not reveal more to me.
My Relevance To West Point
When I was in high school, I applied to the US Military Academy and received an appointment. If you need more proof, I still have the signed USMA acceptance plaque.
In the turn of events, a few months after the exhilaration of being accepted, I found out that I could not go to West Point because of my dual citizenship between the United States and South Korea. I could not give up my other citizenship because of South Korea’s policy in regards to being drafted into its own military before being able to renounce my Korean citizenship. So I had to apply last-minute to the the Pennsylvania State University, and that is where I am now.
So What Is Get Into Academy?
Since I didn’t get to go to West Point, I wanted to use my knowledge about the application process to at least help others. So I created a project called Get Into Academy, which is an informational site/blog that offers free advice to candidates applying to all of the service academies: Military Academy, Naval Academy, Air Force Academy, Coast Guard Academy, and Merchant Marine Academy.
I have spent countless months of my time developing and writing content for this website, because, as stated in the About page, “there isn’t a central resource for academy applicants to visit” and I “believe in helping these applicants because they have an honorable objective and our nation’s armed forces need all the bright young men and women who are willing to serve.”
I don’t make a profit off of Get Into Academy, and whatever small amount that is earned from the contextual ads goes towards the web hosting bill.
So Get Into Academy is the subject of controversy right now. West Point wants me to shut down this website. I would be willing to do so if there were a good reason. But I have no idea why because, if anything, it would actually help West Point get a better pool of applicants who are more prepared for the admissions process. But I will not know the legal reasons for this issue until a West Point attorney calls me.
If I’m going to be sued by someone once in my life, it might as well be someone huge… like the Department of Defense. But I will cooperate with West Point as much as I can to smoothly conclude this matter.
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The Conversation {12 comments}
That is bizarre. It would be nice (and in the interest of easy settlement) if they’d just tell you what the issue was. I spent a few minutes looking at the site and couldn’t see anything that would rile a corporate IP holder let alone the tax-funded DOD.
The only *remotely* plausible idea is that they’re worried that people may think it’s a US government endorsed site. It’s a stretch but the color palette is similar though different. Putting up a line in the header like “This site is not operated or affiliated with the US Government or any US Military Academy” would probably be enough to get them off your back if this is what it turns out to be.
Even so, they’re being needlessly heavy handed about it: They get an ‘F’ in public relations and diplomacy. I wouldn’t hire Captain H, et al. at my company - my first impression is he’s bull-in-a-china-shop, not good employee material.
I agree with you that the site probably improves the caliber of applicant and is a nice resource for anyone who’s set on the academies. I was briefly myself so I can relate. First rule of marketing and sales: never put up obstacles in front your customers, especially the cheerleaders. The latter can turn on your with the same emotional passion if you do. This is free advertising and recruitment for the DOD. As far a I can tell they have nothing similar anyway.
I was under the impression that all content produced by the federal government is in the public domain and cannot be copyrighted. If this is the issue, you might definitely look into this.
I doubt the caller was an employee of West Point. You would receive a “cease and desist” letter via certified mail from an attorney if there was a problem.
Then it must have been a sick joke by someone in the Academy, because the caller ID on my cell says 845-938-****, which is a USMA number.
@Gruszynski: At the footer of Get Into Academy, I say clearly that “This website is not officially affiliated with USMA, USAFA, USNA, USCGA, USMMA, or the United States Government. All views and information presented here are personal and independent of the aforementioned institutions.”
I agree with you that Captain H is a very bad public relations person, if that is even his job…
It’s sounds like a legit caller to me, but I’d bet it’s some Captain who ran across your site and got pissed off at you for giving a peek inside the process. Military people don’t like other’s knowing anymore than they have to, whether it be the public or other servicemen.
Or it could be someone with the same idea as you? I wouldn’t worry too much ’til you get that letter.
And watch out for guys calling you up or emailing you, claiming they work for Reuters or something. I had one call me up, ask me a bunch of questions about my startup company, and I was flattered. Then I emailed Reuters Editorial Board to inquire about this and they wrote back that a man by that name not only does not work for them, but isn’t even on their freelancers list or their news leads list. They suggested I may have given information out to a phony, perhaps for identity theft purposes. So watch out — the id theft guys are all over the place.
Whoever Captain H is, he cannot possibly have read your site. You’ve stated your intentions very clearly. If there were legitimate questions about your site and what you’re doing, why such a threatening approach? It’s really sad, Dave, that you have to waste your energy on this.
@Kate: I have a pretty good idea that they took such an aggressive stance because they thought I was a current cadet at West Point (again, sigh of relief), because that’s the first thing Captain H asked when he called. Even then, I don’t know why a cadet would get in trouble for creating a site like Get Into Academy, and furthermore be forced to take down the entire website, which isn’t entirely about the USMA.
Reminds me of the tactics the RIAA uses. They make threatening calls to the people they intend on suing and reveal as little information as legally possible, leaving the defendant(s) in the dark about loop-holes in the law, inaccuracies in their proof–or even reasonable proof all together. Sometimes the RIAA even begins legal proceedings without any knowledge of whether the defendant has engaged in the infringement they are accused of.
It looks like the Captain is pissed that a plebe (freshman) would have the audacity to claim to be an expert in ANYTHING, let alone the Military Academy.
And, as Rick said, the government does not own any intellectual property, and is not capable of owning any intellectual property. The threat of a lawsuit is empty, and if I were you, I would respond in kind. Knowing that the government has no IP rights, his threat is harassment, and criminal.
Just keep an eye on your traffic….Make note of the locations, IPs, and anything else you can find from your visitors. Also take careful note of the times the tough guy calls. Eventually you’ll be able to figure out as much about him as he has you. Then give the guy a taste of his own medicine.
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