Company Suing a Message Forum

**amykhar** · #1 02-09-2002, 12:26 PM

A company is suing a message board devoted to body building because some of the members made derogatory posts about their product.

http://www.elitefitness.com/articledata/efn/020402.html

Given that we are all opinionated souls, what are your thoughts on this issue?

Amy

#2 02-09-2002, 12:43 PM

Isn't McAfee/Network Associates getting hammered for putting non-disclosure terms in all of its license agreements?

It's an infringement on the consumer's right to inform other consumers about a product. Word-of-mouth is a double-edged sword for product and services providers, and my hope for Epinions was that the sharp and nasty edge of the blade would cut deep at those that would prey and profit upon America's tradition of delightful, blissful value-ignorance.

In this case, depends on the intent of the posts. If they tell the actual truth and are meant to show the company's product for what it is so that people don't buy it, that's perfectly resonable. If it engages in slander and expletives and attack for its own sake without any real examples as to how the product should not be bought, I hope the little bastards get their nuts slammed between two first edition Stephen King hardbacks for an hour.

Rule #1: Attack your target.
Rule #2: Attack nothing else.

Magick1 · #3 02-09-2002, 12:48 PM

It's a frightening precedent. It will be interesting to watch how this plays out!

Because, I feel that it would make virtually everyone, everywhere afraid to speak their mind for fear that someone will take offense and sue!

Besides, isn't your opinion, your own? I realize that inputting things on a website could possibly be construed as liable, being the written word, but where does it stop?

**mrisch**[$] · #4 02-09-2002, 01:01 PM

Nothing new. We've sued Yahoo once and threatened once due to this. Typically, it's just so you can get a subpena issued to find out who is actually making the statements.

realtraveller · #5 02-09-2002, 01:14 PM

"Find out who is making the statements" and then what? Try and get them to delete their comments from the board under threat of a libel lawsuit?

**pluckyduck** · #6 02-09-2002, 01:17 PM

Interesting. Very interesting.

A message board run by a company that sells competing products.

It's conceivable that there could be a case there, since the message board is part of their corporate site.

MuscleTech looks awfully small minded for pursuing it (to me). I wouldn't be surprised if the backlash made them sorry they'd ever started anything. Companies make a mistake if they underestimate the power of the people who populate the Internet ... or their determination to speak their minds freely.

Andrea
who realizes that a great deal of what flows forth from Internet minds is not necessarily true

**amykhar** · #7 02-09-2002, 01:21 PM

I think this does explain a lot about the whole platform/publisher thing that Epinions preaches. I wonder if it's to avoid situations like this. I also have to wonder if companies have threatened Epinions with lawsuits before.

Amy

**mrisch**[$] · #8 02-09-2002, 03:44 PM

Quote:

Originally posted by amykhar
I think this does explain a lot about the whole platform/publisher thing that Epinions preaches. I wonder if it's to avoid situations like this. I also have to wonder if companies have threatened Epinions with lawsuits before.

Yep and probably yep.

Quote:

Originally posted by realtraveller "Find out who is making the statements" and then what? Try and get them to delete their comments from the board under threat of a libel lawsuit?

Yep, and it works. Usually the poster has an axe to grind or is flat out lying.

mtbat · #9 02-09-2002, 06:33 PM

hummmmm, I went and read through the actual threads in question and quite frankly, it sounded like a bunch of hormonal teen-aged boys talking smack to one another.

I don't know, is it actually legal to take a picture from an ad, change it and add to it to slam the company's product and post it anywhere?

if it isn't legal than they might just have a point(the ones suing that is)

Fridai

**pluckyduck** · #10 02-09-2002, 07:11 PM

Quote:

I don't know, is it actually legal to take a picture from an ad, change it and add to it to slam the company's product and post it anywhere?

The lawyers here can say it better than I, but satire is protected.

Andrea
who thinks she knows where she can find some info on that

**pluckyduck** · #11 02-09-2002, 07:18 PM

Okay, I'm back.

I visited a funny satire site today, http://www.enormicom.com

Their last page says:

Quote:

It is assumed that every brand name, slogan, corporate name, symbol, design element, et cetera mentioned in this site is a protected/trademarked entity, the sole property of its owner(s), and acknowledgement of this status is implied. When advertising materials are excerpted here it is for express purposes of satire, commentary, or criticism, and thereby protected under the Fair Use provisions of U.S. copyright law.

If I had been less lazy, I would have found the actual Fair Use provisions of U.S. copyright law to quote, but, you know, it's Saturday.

Andrea

kurt_messick · #12 02-09-2002, 07:28 PM

Didn't someone on epinions get sued, or claim to be sued, for an epinion about bedding? I can't remember, nor do I recall if it was true or not.

**hadassahchana**[$] · #13 02-09-2002, 10:46 PM

Yes, at the moment a member is still being sued by a bedding manufacturer, who also had his employees open accounts and downrate her review.

That one is going to be really interesting.

Cindy

magenta321 · #14 02-09-2002, 11:26 PM

On the Epinions note... there was a thread here about the review and reviewer in question, and there was some question as to whether or not the reviewer was as much of a victim as she claimed to be, from what I remember. I don't remember the outcome of the thread? Was it closed because it had a link to her review, and then people more or less said she wasn't telling the truth (which is way beyond winking and nudging), or was it just forgotten about?

I remember being very confused and not knowing who to trust in that fiasco. All memories beyond that are misfiled

As for sueing for satire, does anyone remember the satire site that played off of Yahoo (was it Yoo-hoo or something like that). They copied Yahoo to a t, but changed all of the words. It was a hilarious site, but it was shut down because of lawsuits, or threats of lawsuits, as I remember. Then again... I think that I was in high school when all of this was happening, so we are talking at least 6 years ago.

mtbat · #15 02-10-2002, 01:24 AM

As for the epinions/mattress thing-there was, I do believe a great deal more going on than what the author of that peice admitted to. I really can't say more without violating rules or sounding rude so I'll leave it at that.

Fridai

**pluckyduck** · #16 02-10-2002, 08:20 AM

Quote:

I remember being very confused and not knowing who to trust in that fiasco. All memories beyond that are misfiled

I'm with you, Margaret, I couldn't figure out what was going on. People tried to track down the original news story. Several people even called or emailed the station, and were told the story didn't exist...yet independent sources swore they had heard the story aired.

I'm not sure if the thread was closed, and I'm too lazy to go looking for it, but I know we were worried about participating in what may or may not have been some kind of hoax since the facts couldn't be verified. People were reading the thread and jumping over to Epinions and downrating what were supposed to be the fake Epinions on the subject...

... and it was turning into one of those mob things that we try to not be the breeding ground for.

The foundational question of whether someone was really being sued for an Epinion they wrote was an excellent question, whether or not the person was in the wrong or in the right. I've not seen any independent evidence that this is true.

If it were true, than the secondary question of whether the lawsuit was justified, would be important.

Taking this point away from the specific case which we could never get to the bottom of....

If I wrote an Epinion today about the George Foreman grill, and I claimed (falsely) that mine caught fire and burned my kitchen down, should George be able to sue me?

I think yes, yes?

Andrea

**mrisch**[$] · #17 02-10-2002, 01:00 PM

Quote:

Originally posted by pluckyduck
I think yes, yes?

Yes, and if you are on a competitive site, and that site edits, get ready for the unfair competition claim as well.

patach · #18 02-12-2002, 09:36 AM

I saw a debate on TECHTV between Kaplan's Messageboard forums and some corporation agency debating over the right to sue forums for what the posters put on there.

To say the least, I don't think the forums should suffer any bit of this at all. Sure, maybe their writers lie about things of other corporations, but we already have legal businesses that do that, such as "The Sun" or the "Enquirer".

cyndilouwhoo · #19 02-12-2002, 02:21 PM

Here is an interesting press release from the NY AG's office on the matter of free speech on the internet as it relates to product commentary.

http://www.oag.state.ny.us/press/200...feb07a_02.html

The issues at stake in the NY suit don't fit like a glove, but it's certainly illustrative of some of the issues being discussed in this case--and it certainly implies that the plaintiff we are discussing currently has grounds to sue.

It also gave me pause with regard to some of the nasty things I have said about certain products I have reviewed for Epinions.

Apparently free speech is an arguable issue--at least on the web.

Cyndi

**amykhar** · #20 02-12-2002, 02:32 PM

Yikes. Anyone who reviewed McAffee is a potential defendant in a lawsuit.

Amy