Results 1 to 7 of 7
  1. #1

    Join Date
    Aug 2002
    Posts
    7,386
    Location
    North East CT
    Tractor
    2003 Kubota BX-22

    Default Chilling effect of what you write..

    I was just doing some WWW surfing and came across this interesting law suit that was filed against people for what they have written in posts at an on-line website telling there opinion of a web based business. It can certainly put a chill on anyone that has had a bad experience telling anyone else about it. If you are interested in reading more about this subject, here is a link to the web page. While I know that TBN doesn't allow people to post negative information about dealers by name, I have recently seen a thread that might just fall into this category on TBN. I am curious as to other peoples reactions to this lawsuit. Even if the people involved do win, they will still have to pay substantial legal fees that are not recoverable.

  2. #2
    Silver Member
    Join Date
    Aug 2003
    Posts
    186
    Location
    Florence NY
    Tractor
    Mahindra 2015 w/FEL

    Default Re: Chilling effect of what you write..

    Hmmm.

    I wonder how long it will be before Ebay removes the option to leave negative feedback?

  3. #3
    Moderator
    Join Date
    Feb 2001
    Posts
    898
    Location
    San Diego, CA

    Default Re: Chilling effect of what you write..

    Junkman,

    We allow discussions of people's negative experiences, we just don't allow the alledged offending dealer/business to be named specifcally. This is so for several reasons.

    First, it is impossible to "sort out the truth" of any allegation here on TBN. That is not the function of this forum, and never was.

    Second, people who have negative incidents with a business, themselves may have contributed to the problem. People do not always act intelligently, fairly or reasonably. Also, we have no way to know whether the "complaint" may be simply made up by a competitor of the buiness, or even someone wishing to stir things up here on TBN. [img]/forums/images/graemlins/frown.gif[/img]

    In the case you reference with a link, the judgement of the court consisted of about 85% dealing with whether or not the court had actual jurisdiction in the case.

    Apparently the plaintiff's business was in located New York State, and the case was brought in New York. None of the defendants lived or worked in New York. The Court determined, as I read it, that it had no jurisdiction over the defendants in this case.

    No one suggestred that the "web host" or forums themselves were responsible. The plantiff field his lawsuits against the persons who made the offending remarks.

    If you understand the Internet and the law as it stands at the present time, web hosts and forum operators are not held accountable or liable for statements made on their forums. HOWEVER, those making any such remarks can be held accountable.

    Even a small case, filed for mainly spurious reasons, can cost thousands of dollars in legal fees. And, as you point out, can cost a lot of money even if you are found totally without fault.

    That is one of the main reasons we try to prevent any derogatory and potentially actionable statements here on TBN. We are really protecting you all from yourselves [img]/forums/images/graemlins/grin.gif[/img].

    Our best advice comes from my grandmother (God rest her soul): "If you can't say anything nice about somebody, don't say anything at all." Pretty good advice.

  4. #4
    Elite Member
    Join Date
    Jul 2003
    Posts
    3,373
    Location
    Goffs Corner, KY
    Tractor
    IH 2444

    Default Re: Chilling effect of what you write..

    I guess we will just have to post political advertisements from now on. they are specifically exempt for the truth in advertising law [img]/forums/images/graemlins/smile.gif[/img]

    Ben

  5. #5
    Member
    Join Date
    Jul 2004
    Posts
    35
    Location
    Loudoun County, Virginia
    Tractor
    Kubota L3400HST/LA463 FEL Kubota T1870 Kubota RTV900

    Default Re: Chilling effect of what you write..

    </font><font color="blue" class="small">(
    Our best advice comes from my grandmother (God rest her soul): "If you can't say anything nice about somebody, don't say anything at all." Pretty good advice. )</font>

    Hakim, I think my Grandmother knew your Grandmother. I received the same advice.

    Jim

  6. #6
    Super Member
    Rest in Peace
    frank_f15's Avatar
    Join Date
    Mar 2001
    Posts
    6,033
    Location
    BUFFALO ,NEW YORK AREA
    Tractor
    kubota b2400- R4 tires

    Default Re: Chilling effect of what you write..

    I wonder what the difference is between that and someone writing into the newspaper and getting help for a problem with a merchant or business? they basically are saying they are not happy with product and/or merchant and i guess that could be construed as bad mouthing.

  7. #7
    Elite Member
    Parts Supplier
    MessickFarmEqu's Avatar
    Join Date
    Feb 2004
    Posts
    4,755
    Location
    Lancaster County, PA

    Default Re: Chilling effect of what you write..

    my second love is home theater and home audio, if you know anything about Bose they do this all the time. They make a pretty mediocure product and market the heck out of it, if anyone online makes a real effort to post response graphics and performance data they sue them. With as important as marketing and brand loyality are to some tractor companies I would not be surprised if we see this someday.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
© 2013 TractorByNet.com. TractorByNet is a registered trademark of IMC Digital Universe, Inc. Other trademarks on this page are the property of their respective owners.