Legal action on posts/threads

This is a discussion on Legal action on posts/threads within the T2W Feedback & Announcements forums, part of the Off the Grid category; Originally Posted by Steve Hi Peter You make a very fair point but I really am hoping that in the ...

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Old Feb 25, 2013, 4:49pm   #16
 
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Re: Legal action on posts/threads

Quote:
Originally Posted by Steve View Post
Hi Peter

You make a very fair point but I really am hoping that in the majority of cases it will not come to this and I can take action that makes sense, and that can be communicated to the members.

One thing is for sure, there is plenty of scope to do better than we have done in the past. Future practice will no doubt tell me how this is going - and so will the members I expect!

Steve
Hi Steve,

Very sensible guidelines
Should greatly benefit the quality of the forum discussion

Thanks,
Jason
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Old Mar 24, 2013, 11:05am   #17
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Re: A new forum - just for me!

Any explanation for the deletion of the Fat Prophets posts that exposed their links to previous scams?
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Old Mar 24, 2013, 11:20am   #18
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Re: A new forum - just for me!

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Any explanation for the deletion of the Fat Prophets posts that exposed their links to previous scams?
Lets help him out with a few options from the t2w book of excuses

a) what posts ? I was completely unaware of this !
b) teh office junior did it
c) we where advised by our lawyers to do it
d) mr Sharky made me do it
e) I should have known that pboyles would see through the old "lets wait a few weeks and quietly delete stuff" plan. That's in the past, lessons have been learned etc etc etc
f) there was a technical fault and some post where lost
g) its none of your business, your banned (again)

Perhaps someone could start a poll, Perhaps they could offer an iPad as a prize for whoever comes up with the best and most plausible excuse
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Old Mar 24, 2013, 8:34pm   #19
 
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Re: A new forum - just for me!

h) they got tar-ed with the same brush by a new mod
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Old Mar 24, 2013, 8:37pm   #20
 
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Re: A new forum - just for me!

i) malware infection made computer do it
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Old Mar 24, 2013, 9:36pm   #21
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Re: A new forum - just for me!

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h) they got tar-ed with the same brush by a new mod
Well , high marks for your sense of humor , but no one uses brushes as much as you do
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Old Mar 25, 2013, 9:06am   #22
 
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Re: A new forum - just for me!

Steve started this thread
Quote:
Originally Posted by pboyles View Post
Any explanation for the deletion of the Fat Prophets posts that exposed their links to previous scams?
Hello PB

There will have to be as my recent post about legal action promised, but I can't do it yet as the situation does not permit it.

You'll not be surprised to learn that the person from FP placed the entire matter in the hands of their solicitors.

We then received the letter of demands and had no choice but to pass the whole thing to our legal firm given the nature of these demands.

The posts were removed as a result of the initial review of the case and the relevant law.

At some point i'll be able to say more but for now i'll have to ask you to bear with me until the matter is concluded.

Steve
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Old Mar 25, 2013, 9:21am   #23
 
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Re: A new forum - just for me!

Steve started this thread
Quote:
Originally Posted by the hare View Post
Lets help him out with a few options from the t2w book of excuses

a) what posts ? I was completely unaware of this !
b) teh office junior did it
c) we where advised by our lawyers to do it
d) mr Sharky made me do it
e) I should have known that pboyles would see through the old "lets wait a few weeks and quietly delete stuff" plan. That's in the past, lessons have been learned etc etc etc
f) there was a technical fault and some post where lost
g) its none of your business, your banned (again)

Perhaps someone could start a poll, Perhaps they could offer an iPad as a prize for whoever comes up with the best and most plausible excuse
Come on Hare I thought we were past this.

a) Yes I was fully aware and have been since the whole FP thing started.
b) We don't have one, that was someone elses office junior.
c) CORRECT, Well done!
d) He does not do that, never has.
e) You should be grateful that we did not respond to threats and left the posts in place for a considerable length of time. I have already made it clear that I will explain each case as far as I can on conclusion but we are not there yet.To expect a full report at this stage is naive on your part and is more about mischief making than concern for what is happening.
f) No
g)It is everyone's business so why would you be banned for asking. It seems to me that you want to be banned to prove that you were right all along.

As you know, I don't often reply directly to your posts of this nature. I have made an exception in this case as I really did think we were making progress as your more recent contributions have been less confrontational.

I'm at a loss to figure out why you behave in this way so here's an open invitation for us to talk privately through exactly what is bugging you.

PM me when you are ready.

Steve
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Old Mar 25, 2013, 9:41am   #24
 
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Re: A new forum - just for me!

Steve started this thread
Quote:
Originally Posted by Steve View Post
Hello PB

There will have to be as my recent post about legal action promised, but I can't do it yet as the situation does not permit it.

You'll not be surprised to learn that the person from FP placed the entire matter in the hands of their solicitors.

We then received the letter of demands and had no choice but to pass the whole thing to our legal firm given the nature of these demands.

The posts were removed as a result of the initial review of the case and the relevant law.

At some point i'll be able to say more but for now i'll have to ask you to bear with me until the matter is concluded.

Steve
I forgot to say PB, i'll be emailing you privately about this later today.
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Old Mar 25, 2013, 10:28am   #25
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Re: A new forum - just for me!

Quote:
Originally Posted by Steve View Post
I forgot to say PB, i'll be emailing you privately about this later today.
Steve

No problem, I think in this case they really brought it on themselves. First they raised their own good character saying they weren't like all the other crooked city firms. That turned out to not quite be the case, then they were offered the chance to disappear with nothing more said. Of course they kept demanding 'proof' and when proof was presented to them they resorted to threats.

What a sorry mess they made of it all.
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Old Mar 25, 2013, 11:29am   #26
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Re: A new forum - just for me!

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Originally Posted by pboyles View Post
What a sorry mess they made of it all.
True, but in the final analysis, they where able to have posts removed with practically no effort on their behalf.

t2w has to protect their own commercial interests, it literally costs nothing to capitulate and click a delete button.

The only downside for t2w is that one or two of their more tenacious members tend not to forget, and no doubt the issue will be raised again at some future date, and the whole problem will reemerge. The catalyst of course will be the same vendor using the forum to market their products and services (despite the no selling rule !)

Fat prophets profits may see a temporary decline in profits, their lawyer will earn even more profits, and t2w will have another mess to sort out, for no benefit whatsoever !

If it can be verified that the member who claims to be posting on behalf of fat prophets is genuine, and the public domain information that they find so inconvenient and embarrassing is from a reliable regulatory body, I really can't see the issue. Having said that, its not me who received correspondence from their lawyer. However someone should seriously ask the question what's the probability of this actually ending up in a court if we do nothing, and if it does, what's the chance of losing. In my experience, these things very rarely get into a courtroom.
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Old Mar 25, 2013, 12:27pm   #27
 
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Re: A new forum - just for me!

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Originally Posted by the hare View Post
True, but in the final analysis, they where able to have posts removed with practically no effort on their behalf.

t2w has to protect their own commercial interests, it literally costs nothing to capitulate and click a delete button.

The only downside for t2w is that one or two of their more tenacious members tend not to forget, and no doubt the issue will be raised again at some future date, and the whole problem will reemerge. The catalyst of course will be the same vendor using the forum to market their products and services (despite the no selling rule !)

Fat prophets profits may see a temporary decline in profits, their lawyer will earn even more profits, and t2w will have another mess to sort out, for no benefit whatsoever !

If it can be verified that the member who claims to be posting on behalf of fat prophets is genuine, and the public domain information that they find so inconvenient and embarrassing is from a reliable regulatory body, I really can't see the issue. Having said that, its not me who received correspondence from their lawyer. However someone should seriously ask the question what's the probability of this actually ending up in a court if we do nothing, and if it does, what's the chance of losing. In my experience, these things very rarely get into a courtroom.

But anyone seeing the references here to Fat Profits will glean the necessary insight to be wary of that firm
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Old Mar 25, 2013, 12:42pm   #28
 
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Re: A new forum - just for me!

Once a vendor's lawyers have written to you to request removal of posts, what is the legal position if you post that this vendor has requested this and in particular what the vendor requested be removed? That after all is factual, as you have the letter requesting it.

Then you could have a sticky thread with all of those who have threatened T2Win with legal action and why. Which would be nice Discussions like this and references to particular companies are easily lost as time goes by.

Last edited by Shakone; Mar 25, 2013 at 12:59pm.
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Old Mar 25, 2013, 1:42pm   #29
 
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Re: A new forum - just for me!

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Originally Posted by Shakone View Post
Once a vendor's lawyers have written to you to request removal of posts, what is the legal position if you post that this vendor has requested this and in particular what the vendor requested be removed? That after all is factual, as you have the letter requesting it.

Then you could have a sticky thread with all of those who have threatened T2Win with legal action and why. Which would be nice Discussions like this and references to particular companies are easily lost as time goes by.
I posted this on another thread. It is not a criticism of anyones, former posts.But a suggestion for Steve to help avoid T2W spending too much on legal advice?

Maybe if criticisms of these people were simply reported, " it is said in such a newspaper or other media that xxxx company is under investigation or fined or people say that yy lost money and blames K company which allegedly did such and such".
This third party sort of reporting is safer than direct allegation?

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Old Mar 25, 2013, 2:28pm   #30
 
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Re: A new forum - just for me!

Steve started this thread
Quote:
True, but in the final analysis, they where able to have posts removed with practically no effort on their behalf.
I am not sure they would agree with this, the individual concerned spent a great deal of time behind the scenes attempting to get things removed and demanding that we reveal information about the member's making the posts. We refused and then came the threat of action along with further demands. We refused again, hence the letter from their legal firm.

Interestingly, these things are often referred to as if they are one or two lines threatening action unless we do what they ask. Nothing could be further from the truth. Every one of these that I have been involved in has been in great detail, citing on a line by line basis the law that has been broken and why.

If what they are saying is accurate, then yes, these posts will be removed and I'm not hiding from this. That's the way it is.

Quote:
t2w has to protect their own commercial interests, it literally costs nothing to capitulate and click a delete button.
Yes we do but we also have to protect a member's right to say what they want to say. It certainly does not come free, the cost is not only the hours of time spent behind the scenes dealing with the problem, but also the reputational cost as this current exchange illustrates.

Quote:
The only downside for t2w is that one or two of their more tenacious members tend not to forget, and no doubt the issue will be raised again at some future date, and the whole problem will reemerge. The catalyst of course will be the same vendor using the forum to market their products and services (despite the no selling rule !
I hope the tenacious members don't forget and I welcome these things being raised. Yes it can be a pain in the backside and takes a lot of time and money but at least there is an opportunity for important stuff to be made public. Even if ultimately we have no choice but to remove some of it.

Quote:
Fat prophets profits may see a temporary decline in profits, their lawyer will earn even more profits, and t2w will have another mess to sort out, for no benefit whatsoever !

If it can be verified that the member who claims to be posting on behalf of fat prophets is genuine, and the public domain information that they find so inconvenient and embarrassing is from a reliable regulatory body, I really can't see the issue.
I can't comment on this yet as i'll end up referring to specific posts. Once the matter is concluded i'll provide as much detail as I can about what gets deleted and why.

Quote:
Having said that, its not me who received correspondence from their lawyer. However someone should seriously ask the question what's the probability of this actually ending up in a court if we do nothing, and if it does, what's the chance of losing. In my experience, these things very rarely get into a courtroom.
This is a common observation but not entirely accurate. A great deal of these end up closer or indeed in court as it is a fast developing area and the case law is developing accordingly. In fact, we now have to consider several recent rulings that may affect the way we deal with these matters in the future and I'm seeking guidance on this at the moment.

Last edited by Steve; Apr 4, 2013 at 6:56pm. Reason: clarity
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