More underhand tactics? This time I am the target.

So, apologise for those expecting a blog about the data centre, that will have to wait until tomorrow as I have just received the following in my inbox.

So, you might not be able to read all that if you’re viewing on a phone, which most of you do.  So I’ll de-jargon it.  Google runs blogger, the site my blog is hosted on.  Someone has told blogger that 5 of my posts, “contains allegedly infringing content that may violate the rights of others and the laws of their country.”  The key words here are ALLEGEDLY and MAY.

Anyone that has read this blog knows that there is nothing libellous within it.  Google will remove all posts where people raise this concern, they do this without reviewing the information.  It does not mean I have done anything wrong, so anyone being told that is being lied to.  There is more info on this video if you want to have a nosey. 

I have requested that google put back the information back and Baby’s Days have been made aware of this, google will put it back within 10 days unless Baby’s Days/Sys IQ LTd take me to court in the meantime.

I am not sure why the complaint was made as the notice hasn’t been published yet, but each of the posts flagged refers to either the director of SYS IQ Ltd or the creator and Admin on Baby’s Day’s Official support group.  Other than the post about the possible bug, which refers to neither.  If this is the case I will remove the names.

It could also be because of a copyright issue, only Baby’s Days or someone acting on their behalf, like their solicitors, can requests the posts be removed.  Back on the 27th November, I sent Baby’s Days solicitors a letter, the letter asked: 

“Please could you explain what you mean about my application of the trademark to the blog as being detrimental? What it is your client believes I am using in my blog that infringes the companies Intellectual Property Rights? Under UK Copyright Law, I believe I am allowed to use a piece of copyrighted material, or have ‘fair dealing’ for the purpose of criticism and news reporting. Please could you clarify your clients stance on this.”

I have received no response to this and until then I remain of the opinion that any use of the name Baby’s Days is made in reference to the company and any publication of copyright data (such as emails that are not marked confidential) is done so under fair dealing and fair use terms for the purpose of review.  You can’t exactly write a review about a company and their actions without using their name can you?  It’s quite patently obvious that I am not trying to pass myself off as belonging to or working with or part of this company.

Everything is factual and documented, sure sometimes I publish a lot of email exchanges, this is to provide context, so that readers could see I wasn’t posting negative things for my benefit; they could see how they naturally occurred, I felt this was more fair to Baby’s Days.

If the company didn’t act like this, there would be nothing to write about, if they/their customers really want to stop me blogging then they should buck up their ideas when it comes to customer service.  Reporting the blog for spurious reasons in an attempt to silence me just gives me more things to blog about.  As does threatening to terminate customer accounts for speaking about my blog.

Tomorrow I am moving house, so unless my lovely mindess get a good kip in, I wont be blogging,  But over the weekend there will be a post about the Data Centre used by Baby’s Days, so make sure you pop back or join the other 843 subscribers by popping your email address in the bar at the top – if you’re on your phone you might have to go to desktop mode to see it.

PS.  for those asking Chilling Effects is: “As part of our efforts to remain transparent, a copy of each legal notice we receive may be sent to the Chilling Effects project for publication and annotation. Chilling Effects is a joint project among U.S. law schools that seeks to provide resources about free speech online and intellectual property law.” Source Here, In Transparency Section.

Who is MAKUK and are they connected to Babys Days?

Hey folks, sorry for the lack of posts over the weekend, it has been so busy here!  We had a Childminder night out to celebrate Xmas and then chopped down our Christmas tree and decorated it and before I knew it the weekend had gone!  Anyway enough about me and on with the first of this weeks blog posts….

Who is MAKUK?

Following on from the last post, I said I would be blogging about adverts places by a user called MAKUK on website advertising for freelance workers.  This was after I discovered that Baby’s Days possibly use freelancers to design the system and that possibly the system is not created “In house” as they claim.

MAKUK has posted many many adverts, so I will just provide you with a brief overview of this users activity.  Obviously I do not know if MAKUK is connected with Baby’s Days (by the way the company director of Baby’s Days is called Mark Adam Kahl and he lives in the UK) so I will show you one advert made by this user that possibly shows there may be a connection with Baby’s Days.

The user MAKUK has posted many jobs and has used many different contractors from the Ukraine (at least 2 different contractors), the USA (again at least 2 contractors), India and Sri Lanka.  This could account for the possible small bug that I found on my system and which led to me being removed from The Official Support Group.  Let me explain…..

The best way to describe it in lay person terms is to say, there are essentially lots of different authors writing chapters in the same book; the authors don’t know each other and possibly don’t speak to each other, so they don’t know each others thoughts or ideas and without reading all the other chapters they can’t be sure what others have written.  So although the story makes sense, there are times when the language used is different, or where one author might write in a different tense to the next.  The flow of having only one author just isn’t there.

When you transfer this analogy over to a computer system, it means there is the potential for small bugs to creep in as there is no “master author” overseeing how the software (or ‘book’) is coming together.  That would explain how my possible bug and other possible bugs I will blog about later have come to be. 

I’ve posted already on this blog that many companies use contractors, that’s isn’t what the problem is here.  The problem is that it isn’t good practice to also mislead your customers and put down your competitors in the process of using them.

I also wonder if Baby’s Days head in the sand approach to their use of contractors may have led to some problems in terms of systems bugs and problems as it doesn’t seem that anyone is properly overseeing the flow of the “chapters” these contractors write.  Most companies have systems in place to do this, but as Baby’s Days deny using contractors I am unsure if they have considered this possible problem.

I have had over 60 questions in my inbox / on Facebook over the weekend and sadly I can not answer them all as I am not the director of Baby’s Days but I have done my best.  It is a shame the company hasn’t taken the opportunity to clarify their use of and supervision of freelance workers and the work they create.  I think they are rather hoping I will go away, but I will be here and I will help you all as much as I can.  Feel free to post any worries in the comments below anonymously, it might take me a few days but I will get back to you.

Pop back tomorrow when I will be blogging a collection of Babys Days reviews sent to me anonymously or written on other websites.

Baby’s Days and The Ukraine!?

So you might be wondering what Baby’s Days has got to do with the Ukraine?  Given that their team is “in house” and that they have a UK data centre you’ve probably assumed that everything is based here in the UK.

I was a user of Baby’s Days for 3.5 years and assumed that it was Mark that did all the coding (as he set it up initially for his wife) and then more recently Jeff joined the team part time as a kind of database administrator.  To my recollection I’ve never actually been told this, it’s more implied from the website wording and facebook posts etc.  Others might have interpreted things differently too, let me know in the comments section.  So to my mind, “in house” always meant either Mark or Jeff.
But recently I have realised that Baby’s Days has at least one employee based in The Ukraine. I did wonder if maybe the Gentleman was just from the Ukraine, but his Facebook accounts says he lives in the Ukraine.  Most companies use contractors so I don’t find this odd but the fact that Baby’s Days have failed to mention this employee does seem very misleading to me.

As I’ve said elsewhere on the blog, I’m not very technically minded so I am unsure how much, if any, of your data this gentleman has access to, if he can view or download photos etc.  When you login to your system you give permission  to be, “monitored and recorded by on-site system personnel.”  I am also unsure if this gentleman would have the ability to monitor and record you system use or if he is classed as “on site system personnel”.  These are questions I had hoped to ask Baby’s Days but they did not get back to me with a comment sadly.

I have asked Baby’s Days to comment on this information and they declined to do so.  As such this post is based on all information available at the time.  If new information comes to light, I will obviously update this post so that it remains as factual as the others on this blog.  There is of course the very small chance this man has a made up Linkedin and Facebook account and he doesn’t work for Baby’s Days at all.

Do Baby’s Days provide training to Ofsted inspectors?

So I haven’t heard from Baby’s Days legal team so the blog will continue as normal, which is a shame as I was hoping to have this issue resolved by now.  But for those of you loving the blog and worried about your data should the blog come down, then here is the latest piece!

In May, Baby’s Days claimed that they were providing training to Ofsted inspectors.  Here’s what they said:

I’ve been in touch with Ofsted to clarify a few issues:

  1. Do Prospect/ Ofsted endorse the use of Baby’s Days in settings?
  2. Did Ofsted ask Baby’s Days to train their inspectors?
  3. Have Ofsted specifically sent their inspectors on training?
  4. Have Ofsted specifically sent their inspectors on training for other EYFS software ?

In short the answers provided by Ofsted are:

  1. Prospects / Ofsted do not endorse any Software packages, they are a regulatory body, issues outside of that fall beyond their legal remit.
  2. No
  3. No
  4. No

So this begs the question as to why Baby’s Days firmly believe they have been training Ofsted inspectors?   A number of people questioned this on The Official Support Group but they have been banned from the group so I can not contact them to ask if they determined a reason for Baby’s Days believing this to be true unfortunately.

Could it be a marketing ploy to lead customers to believe that because Ofsted are well versed in how Baby’s Days works that means the childminder is more likely to receive Outstanding?  I am unsure but if anyone know the answer or has any thoughts please pop them in the comments section below.

Pop back tomorrow evening to read the latest blog post.  I’ll be providing details of other EYFS software companies and how they compare with what Bay’s Days offer.