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Balfa_Team
15-08-2005, 07:25 PM
As i don't really get to spend alot of time on the what i thought were properly maintained australia wide riding forums, i have stumbled along many cases of deformation aimed at a vast amount of users, this is clearly a breach of rules which a user accepts or agrees to when both signing up and agreeing to the rules of trading access.

a classic example of this is in the ' a real description of emo ' i found this post, un edited left for the rest to see.

I nearly did after the peice of shit I nearly bought from you fuckwit. You are such a dishonest individual.

You Admins wonder how the forums get littered with so much crap, with the job i no youre already doing the high end of offensive material goes un noticed is stupidly high, with the admins and mods breaking the rules by not cleaning up the crap that gets left on the forum pages you are made to think that by leaving it un attended to or edited ARE they simply agreeing to it in breach of their own rules?

Well Done Guys

Maffew
15-08-2005, 07:30 PM
So a guy tries to sell a dodgy frame under the context that it is in good condition? I reckon he deserves the "defamation".

ona rampage
15-08-2005, 07:32 PM
You Admins wonder how the forums get littered with so much crap, with the job i no youre already doing the high end of offensive material goes un noticed is stupidly high, with the admins and mods breaking the rules by not cleaning up the crap that gets left on the forum pages you are made to think that by leaving it un attended to or edited ARE they simply agreeing to it in breach of their own rules?

Well Done Guys

Defamation.
Main Entry: de·fa·ma·tion
Pronunciation: "de-f&-'mA-sh&n
Function: noun


Grammar
gram·mar ( P ) Pronunciation Key (grmr)
n.

The system of inflections, syntax, and word formation of a language.
The system of rules implicit in a language, viewed as a mechanism for generating all sentences possible in that language.

Spelling...well you can try that one by yourself.

At the end of the day, this is a free site, and we should ALL think ourselves lucky to have it. Especially seeing as how it costs you nothing at all, and the people running it get nothing at all (they volunteer their time to keeping it up and running).

Don't like it, you don't have to come back here....simple really.

floody
15-08-2005, 07:35 PM
Only deformed thing I've seen on the forums lately was the picture of Rik.

scottmeister
15-08-2005, 07:35 PM
My post from other thread:

You mean defamation? Your post is not very cohesive. Anyway, that quote of Red Rocket is a realllly bad example- I'm sure you will find he was more than justified if you read that thread and others pertaining to the issue he has with the user he was referring to ;)

Scott
15-08-2005, 07:37 PM
Howabout I name you smartest man alive, and hand the forums and the entire website to you for moderation.

Get off your couch. Next in line please...

Ryan
15-08-2005, 07:46 PM
Not alot of your post made sense, so hopefully you can understand what I type back;

If you don't like the forums, don't use them, problem solved, NEXT!

Daver
15-08-2005, 07:46 PM
Are you that easily offended?

And i'll agree with what the others say- "no soup for you. NEXT."

Balfa_Team
15-08-2005, 07:47 PM
Defamation.
Main Entry: de·fa·ma·tion
Pronunciation: "de-f&-'mA-sh&n
Function: noun


Grammar
gram·mar ( P ) Pronunciation Key (grmr)
n.

The system of inflections, syntax, and word formation of a language.
The system of rules implicit in a language, viewed as a mechanism for generating all sentences possible in that language.

Spelling...well you can try that one by yourself.

At the end of the day, this is a free site, and we should ALL think ourselves lucky to have it. Especially seeing as how it costs you nothing at all, and the people running it get nothing at all (they volunteer their time to keeping it up and running).

Don't like it, you don't have to come back here....simple really.


Join Date: May 2003
Location: Shidoney
Posts: 553

Last time i Check it was called . Sy-d-ney , but hey, you can try that one yourself

Balfa_Team
15-08-2005, 07:49 PM
Are you that easily offended?

And i'll agree with what the others say- "no soup for you. NEXT."

Fed
Bread
Rationally

I suggest you put some effort into those one liners, they really are quite bad. :)

scottmeister
15-08-2005, 07:50 PM
Fed
Bread
Rationally

I suggest you put some effort into those one liners, they really are quite bad. :)

What
The
Fuck?

danv
15-08-2005, 07:50 PM
Join Date: May 2003
Location: Shidoney
Posts: 553

Last time i Check it was called . Sy-d-ney , but hey, you can try that one yourself
nice one, you totally owned him man.

Daver
15-08-2005, 07:53 PM
Fed
Bread
Rationally

I suggest you put some effort into those one liners, they really are quite bad. :)

Gripe, Bitch, Moan. Want a kleenex?

Ryan
15-08-2005, 07:53 PM
Wow, I thought your first 'comeback' was as lame as it was physically possible for a human being to be, but I'll be damned if you didn't prove me wrong with that second one.

Give up.

Rik
15-08-2005, 08:02 PM
a classic example of this is in the ' a real description of emo ' i found this post, un edited left for the rest to see.
Do you want pictures to back up his words? Is it defaming, or just a justified torrent of abuse? I thought the latter, but then again, I know more about the case than most... as I now own the frame in question. I probably would've said exactly the same thing (or even worse) if I'd went through what RR did.
Actually, I will speak my mind. the member in question was a lying piece of shit, I am so glad that I received the frame with reasonable knowledge of how to go about fixing it, as it'd be terrible for a not-so-tech-orientated member to have purchased it under the pretense of it actually being rideable. When such a dishonest transaction takes place, it makes me cringe at what nastiness could be done in the trading forums. Thankfully not every member is a bottom-feeding creature preying on innocence and good will of others.

the admins and mods breaking the rules by not cleaning up the crap that gets left on the forum pages you are made to think that by leaving it un attended to or edited ARE they simply agreeing to it in breach of their own rules?When you pay all of us for the many hours spent on Farkin a week, then your complaint has merit. Until then, us adminators will do the best we can do going about the thankless task of keeping the forum clean. Breaking the rules? Holy crap :eek:
Of course some junk slips under the radar, we are sorry that it happens, but due to the nature of the work it's inevitable. Not every post can be read by us, and by not moderating the content doesn't instantly mean we endorse everything that's said on here.
How's this for an idea, you can do the hundreds of hours of work a week that the rest of the modmin crew do on the forum, and we'll sit around and complain about a free service that we use/abuse. I wonder if Scott had logs of just how many hours is spent cleaning up the forums? I know personally spend 10-20hrs a week on the forums, alot of it is procrastinating so not all of that time is purely cleanup work, but it's still a decent chunk of time for such little return.
I'm now expecting someone to say "gee, you should get a life". That's a fair comment... but then we have others complaining about volunteer workers not keeping things up to their standards. What to do? Oh such a dilemma :rolleyes:

Binaural
15-08-2005, 08:07 PM
Gripe, Bitch, Moan. Want a kleenex?

I suspect he already has quite a few of those next to his bed.

Rik
15-08-2005, 08:11 PM
C'mon guys, attack the ball, not the man... as much fun as it may be. He does have merit in his complaint, to an extent, and we should try and discuss it rationally.
I've stated my view, I know I'm fairly jaded from putting in a decent amount of time and effort, and I'm sure Scott feels that and more for it is his site and an enourmous amount of work has gone in to making it the fantastic and free Farkin we use today. A dribble-free site? We can only wish for that, until then, the best we can do is being done, to ask for any more is being greedy and selfish.

tu plang
15-08-2005, 08:21 PM
Fed
Bread
Rationally

I suggest you put some effort into those one liners, they really are quite bad. :)

and your three liners are so much better... :rolleyes:

how are the mods breaking their own rules by not deleting 100% of the rubbish that may inhabit this forum? OH GOD NO, dont tell me they all have lives and cant spend all day and night trawling through the forums for posts that you dont like.

argh, i need a panadol, ive got a headache from trying to read your post.

tu plang
15-08-2005, 08:24 PM
You Admins wonder how the forums get littered with so much crap, with the job i no youre already doing the high end of offensive material goes un noticed is stupidly high, with the admins and mods breaking the rules by not cleaning up the crap that gets left on the forum pages you are made to think that by leaving it un attended to or edited ARE they simply agreeing to it in breach of their own rules?

Well Done Guys

ok... i've drawn as much sense from that incoherent gibberish as i possible can. ive come to the conclusion that by your logic it will be the police's that are breaking the law when i burn down your house because they didnt stop me.

Binaural
15-08-2005, 08:25 PM
C'mon guys, attack the ball, not the man... as much fun as it may be. He does have merit in his complaint, to an extent, and we should try and discuss it rationally.
I've stated my view, I know I'm fairly jaded from putting in a decent amount of time and effort, and I'm sure Scott feels that and more for it is his site and an enourmous amount of work has gone in to making it the fantastic and free Farkin we use today. A dribble-free site? We can only wish for that, until then, the best we can do is being done, to ask for any more is being greedy and selfish.

A very tolerant attitude, considering the pompous tone balfa_team took in criticizing the administrators for not spending their entire lives policing every word of every post in a public forum with something in excess of a few thousand members. So, sorry for adding to the pollution :o even though it's fun.

Captain Blake
15-08-2005, 08:27 PM
Just an idea.

Maybe expand the moderating team?

lotec
15-08-2005, 09:09 PM
Just an idea.

Maybe expand the moderating team?
I agree *puts hand up for the position*
ahhh i can always dream :(

johnny
15-08-2005, 10:28 PM
As i don't really get to spend alot of time on the what i thought were properly maintained australia wide riding forums, i have stumbled along many cases of deformation aimed at a vast amount of users, this is clearly a breach of rules which a user accepts or agrees to when both signing up and agreeing to the rules of trading access.

a classic example of this is in the ' a real description of emo ' i found this post, un edited left for the rest to see.

"I nearly did after the peice of shit I nearly bought from you fuckwit. You are such a dishonest individual".

You Admins wonder how the forums get littered with so much crap, with the job i no youre already doing the high end of offensive material goes un noticed is stupidly high, with the admins and mods breaking the rules by not cleaning up the crap that gets left on the forum pages you are made to think that by leaving it un attended to or edited ARE they simply agreeing to it in breach of their own rules?

Well Done Guys

I nearly died after the peice of shit I read from you fuckwit. You are such an irritating individual.

C'mon guys, attack the ball, not the man...
Piss off hetro :rolleyes:

Grip
16-08-2005, 07:05 AM
Well here I am a member of the slack-jawed, do-nowhere-near-enough, modmin team and my mind is flicking back and forth between be nice and flame.... I'll get back to you about where it lands after I do my 2 hours a day site trawl looking for idiots and their posts, after I write the cheque to Scott for the advertising that I still pay for, after I put my 10-12 hrs in at work and after I've spent a bit of time with the family.

Just as a hint though... at this stage I'm leaning heavilly towards thinking that Johnny got it pretty right.

toodles
16-08-2005, 07:14 AM
Just an idea.

Maybe expand the moderating team?

Where's an application form? There's no background check I hope? :D

scblack
16-08-2005, 07:48 AM
As i don't really get to spend alot of time on the what i thought were properly maintained australia wide riding forums, i have stumbled along many cases of deformation aimed at a vast amount of users, this is clearly a breach of rules which a user accepts or agrees to when both signing up and agreeing to the rules of trading access.

a classic example of this is in the ' a real description of emo ' i found this post, un edited left for the rest to see.



You Admins wonder how the forums get littered with so much crap, with the job i no youre already doing the high end of offensive material goes un noticed is stupidly high, with the admins and mods breaking the rules by not cleaning up the crap that gets left on the forum pages you are made to think that by leaving it un attended to or edited ARE they simply agreeing to it in breach of their own rules?

Well Done Guys

Yeh, maybe you're right, maybe there is too much crap littering these forums. :confused:

But try not adding your shit to the content, as you have above. :rolleyes:


The mods here do a very good job generally.

tu plang
16-08-2005, 07:49 AM
as many will have noticed, this thread has not recieved the comical forum related pictures that it has earnt a right to.

i am sad to report that forumspam.tk has taken down their pictures:
Due to an astonishing traffic increase during past weeks we are sad to announce we had to take the pictures offline.

We are currently looking for new ways to keep ForumSpam online but it's getting difficult with the bandwidth needed to run.

Inspiration & Sacrem

im sure we have all saved a few somewhere, and if we get together we can turn this thread into the immature piss-fight that it should be :) .

ona rampage
16-08-2005, 08:31 AM
Join Date: May 2003
Location: Shidoney
Posts: 553

Last time i Check it was called . Sy-d-ney , but hey, you can try that one yourself


Ah, I see I need to explain comedy to you as well.
You probably aren't old enough to remember when the winner of the 2000 Olympic games was announced, but if you were you would recall what Shidoney is.
But alas I feel explaining comedy to you would be like explaining quantum physics to a cat....

protecon
16-08-2005, 08:50 AM
I don't get what all the fuss is?
If you think the moderators aren't doing "enough" to ensure your farkin experience is satisfactory, then why not help them out - instead of blaming for an otherwise thankless task?

See that little hazard sign on every post? http://forums.farkin.net/images/buttons/report.gif
It's so you can report posts which you might find offensive or inappropriate, which on a messageboard predominately populated by teenage males, is quite likely to happen regularly.

naz
16-08-2005, 08:51 AM
man if you wanna whinge, go save a whale or something, no one really cares, esp the admins n such, you really think there going to spend all there time, removing idiot posts such as your own, grow up, the internet is full of shit, along with yourself.

Dumbellina
16-08-2005, 11:17 AM
Fellas,

Look at the legal definition of defamation, which is to lower the reputation of a person by way of publication. The test for defamation requires proof of the reputation of the person claiming to have been defamed and the extent of publication. There are several defences to defamation including political communication and factual reporting.

For a forum such as this, the legal definition of publication includes material published on internet sites and publication occurs when a person opens that material on their browser. So I could defame an individual on this site by writing material on this forum.

However as to the reputation of the individual there are certain difficulties that Balfa team has. For one, who are you Balfa_team? I imagine that your forum personality and your real personality are different - for example your birth certificate and driver's licence would not name you "Balfa_team". The reputation you have on this forum is not your personal reputation and therefore would only be limited to that reputation. Also you can't claim defamation on someelse's behalf.

The publication has be read by people who know you and your reputation, which are other forum users. Their opinion of you has to be lowered by virtue of the publication. Following your own posting your reputation has been already lowered.

Also by using this forum you agree to abide by and be subject to certain conditions. While the forum people do their best, like police, they cannot prevent every harm caused to you. If you feel harmed pursue it, otherwise do impinge on other's free speech merely because you find it distasteful.

So there you go, on a forum like this you should be free to say what you like so long as it complies with the conditions of forum use. If someone wants to bring a defamation action against Farkin.net, my advice is talk to a lawyer (who will say that most defamation actions in the Supreme Courts fail).

scblack
16-08-2005, 11:44 AM
Thanks for that Dumbellina - clarifies Defamation somewhat for me.

Now I know I can call you a low-life scumbag, without fear of prosecution. Just joking. :p

A good explanation for us. :)

Dumbellina
16-08-2005, 11:48 AM
Thanks for that Dumbellina - clarifies Defamation somewhat for me.

Now I know I can call you a low-life scumbag, without fear of prosecution. Just joking. :p

A good explanation for us. :)

Exactly, you should be free to speak your mind. That's what internet forums are about, not elitist shopping centres with bully-boy moralistic security guards (aka any given Westfield).

RCOH
16-08-2005, 11:55 AM
Exactly, you should be free to speak your mind. That's what internet forums are about, not elitist shopping centres with bully-boy moralistic security guards (aka any given Westfield).

Except WBJ (Westfield Bondi Junction, for those not down wit' da lingo). I think even the security are supermodels there!!!! :o

tu plang
16-08-2005, 06:29 PM
Fellas,

Look at the legal definition of defamation, which is to lower the reputation of a person by way of publication. The test for defamation requires proof of the reputation of the person claiming to have been defamed and the extent of publication. There are several defences to defamation including political communication and factual reporting.

For a forum such as this, the legal definition of publication includes material published on internet sites and publication occurs when a person opens that material on their browser. So I could defame an individual on this site by writing material on this forum.

However as to the reputation of the individual there are certain difficulties that Balfa team has. For one, who are you Balfa_team? I imagine that your forum personality and your real personality are different - for example your birth certificate and driver's licence would not name you "Balfa_team". The reputation you have on this forum is not your personal reputation and therefore would only be limited to that reputation. Also you can't claim defamation on someelse's behalf.

The publication has be read by people who know you and your reputation, which are other forum users. Their opinion of you has to be lowered by virtue of the publication. Following your own posting your reputation has been already lowered.

Also by using this forum you agree to abide by and be subject to certain conditions. While the forum people do their best, like police, they cannot prevent every harm caused to you. If you feel harmed pursue it, otherwise do impinge on other's free speech merely because you find it distasteful.

So there you go, on a forum like this you should be free to say what you like so long as it complies with the conditions of forum use. If someone wants to bring a defamation action against Farkin.net, my advice is talk to a lawyer (who will say that most defamation actions in the Supreme Courts fail).

agreed with SCblack.

the issue here dumbellina, Balfa_team here isnt claiming defamation on behalf of someone else.

My advice is, if you are trying to come onto a forum incognito where the admin can check your IP, try and come up with a username that isnt like every other account you have made to hide your dealings. It will attract less attention. However i guess the leap from <insert brand here>_Racing was probably fairly ground breaking for you.

Fallsrider
16-08-2005, 06:57 PM
Sure, there are some w@nkers here, but hey, there are w@nkers on every forum, in fact they are everywhere, lurking, one could be behind you right now... :eek:

The fact is, you'll always disagree or be offended by someone, best just to ignore it, and don't knock the mods, the reason they can be a little abrupt sometimes ( no offence ment ) is because they already deal with stacks of stuff everyday here, and one more whinger post just puts the foot in the pie and ruins everything :D

So just chill, mentally, or physically for that matter give the person who offended you the finger, and get over it.

Rik
16-08-2005, 06:57 PM
However i guess the leap from <insert brand here>_Racing was probably fairly ground breaking for you.Hmm, good point, here I was thinking there's enough braindead idiots in the world to account for the amount of shit posted on Farkin... but is it coincidence that Mr Team shares the same IP with a banned Mr Racing? Are they one and the same, or just two seperate individuals that still lack an entire brain between them?
For it was Mr Racing that is in the centre of the whole fucked-frame affair, and it is interesting for Mr Team to come out of apparently nowhere to start shit about the slagging of Mr Racing.
Interesting :confused:

Fallsrider
16-08-2005, 07:07 PM
Hmm, good point, here I was thinking there's enough braindead idiots in the world to account for the amount of shit posted on Farkin... but is it coincidence that Mr Team shares the same IP with a banned Mr Racing? Are they one and the same, or just two seperate individuals that still lack an entire brain between them?
For it was Mr Racing that is in the centre of the whole fucked-frame affair, and it is interesting for Mr Team to come out of apparently nowhere to start shit about the slagging of Mr Racing.
Interesting :confused:


Yes, very interesting :cool: Perhaps he has been reborn into the same body, with a different name

johnny
16-08-2005, 07:09 PM
Rik, are you saying in a convoluted way that this dude having a whinge is the same dude that sold a farked frame to some one :eek:

tu plang
16-08-2005, 08:33 PM
let us not forget who pointed this out :p

wombat
16-08-2005, 10:13 PM
let us not forget who pointed this out :p
Rik did, well before you mentioned it...

Fallsrider
16-08-2005, 10:29 PM
Rik did, well before you mentioned it...

Not in this thread I think... Plang did mention it a page or so back.

wombat
16-08-2005, 10:43 PM
Not in this thread I think... Plang did mention it a page or so back.
Re-read the first half of post #15 in this thread. ;)

Not that any of this really amounts to much, but we have to remember that Ben is a good for nothing mac lover, and we can't give him anything that he doesn't truly earn; god knows he worked hard for that title.

tanlicouz
16-08-2005, 11:19 PM
Wow. Isnt he a sneaky little bugger.

Sells a dogded frame. Gets flamed for it.

Then he goes on an uncover mission trying to diss it out on the farkin community.

Its people LIKE you that makes forums like these troublesome. My advice is FUCK OFF from this forum and seriously, if i was your mother or father i would be ashamed of you.

johnny
16-08-2005, 11:39 PM
Wow.

The new diplomatic johnny says that he should be more wise as to how he conducts himself in a small community for harming others will only harm himself.

But the old bouncer johnny says PUNCH HIM IN THE HEAD! PUNCH HIM IN THE HEAD!!!

Ruckus_Lord
17-08-2005, 08:43 AM
Balfa_Team, obviously you are clueless to what the admins and mods have to do, i personally make websites for a job and i have what some think is a simple task of updating, upgrading and maintaining it, i personally find that a very difficult task to do on a regular basis, then on top of that i have to pay for hosting, buy or renew domain names and keep my computer running, now compare my normal size websites to www.farkin.net and its staggering, the admins now have to control a website, news, pictures, much other info AS WELL as a forum (which is filled with 36,008 threads, 451,378 posts and 9,436 members and growing every day) Now if you could controll that many posts, threads and members you would have to be freakn' superman.

Admins are also PAYING to keep this website up and running, hosting isnt cheap, a domain name has to be renewed evey so often and here you are critisizing admins and mods of not doing there job on a website you VOLUNTEERED to sign up for and the admins VOLUNTEERED to make it and maintain it, they put rules there to help keep the forums a nice happy little land, but then again, there are laws in the real world, and is the world a nice happy little place? NO, and do you see people cleaning all the worlds mistakes up? well i certainly don't, i notice people cleaning up a small amount of the problem but not all of it, that is the exact same scenario for Farkin, the admins and mods clean up what they can, but you can not possibly excpect a few admins and mods to keep the forums free of shit?!

Before you critisize ANYONE put yourself in their possition and try and imagine what it would be like, and expecially on farkin DONT have a go at admins who have made an online community where almost 10'000 australian mountain bikers discuss matters, learn, show off and sell/buy things, you should be thanking them, not teeling them how their jobs should be done and what mistakes they have made.

With all anger directed at you Balfa_Team:mad:

Drew.

tu plang
17-08-2005, 09:28 AM
if we take into account the multiple user names that our mate here has used to peddle shit it would be the place where 9996 (or from your first figure 9432) australians come to talk about mtb :p .

Fallsrider
17-08-2005, 10:28 AM
Re-read the first half of post #15 in this thread. ;)

Not that any of this really amounts to much, but we have to remember that Ben is a good for nothing mac lover, and we can't give him anything that he doesn't truly earn; god knows he worked hard for that title.

Oh true, my mistake :)

Seems the cunning plan of MR Team is not so cunning after all :cool: Seriously, if for some wacked reason you would ever try this, you could have used a differnet name! Somthing a little less obvious! :rolleyes:

Ruckus_Lord
17-08-2005, 12:07 PM
Yeh TuPlang all of those things listed where reffered to MTB:rolleyes: So i guess you put it simply. (If you where directing your last comment at me)

tu plang
17-08-2005, 12:10 PM
Yeh TuPlang all of those things listed where reffered to MTB:rolleyes: So i guess you put it simply. (If you where directing your last comment at me)

hahah yeah i know, i wasnt picking on your statement at all. just felt referring to it was a good way to point out team_<brand>_racing's caper.

Bobby_Digital
17-08-2005, 12:50 PM
i am the assistant manager of a 10,500+ member forum and have to deal with this all day every day. there is only 4 mod's/admin on there and we seem to have it all covered, but we also dont let it get out of hand.
many times we have been critisized as "nazi mods" but unfortunaly if we are not like this then everything turns to shit! (i also spend around 10 hours a day keeping it clean)
farkin seems to be a little more "relaxed" when it comes to spam etc personly i wouldent be but it aint my site so i dont care haha.

also if this forum is hosted OS then australian defamation law's are useless. so no need to really worry (unless it's US hosted then you got a good chance of a lawsuite going through haha)
i have been accused of defimation, unfortuly for them everything i said was true and had evedence to back it up.
i think i would be best to remove any offending matirial about any shops as it's more likley that they will take action than an indervidual.
one thing that Dumbellina mentioned about a online user and real life person being diferent is not correct. if needed the IP address can be used to trace back to the user. the only time this wont work is if someone is using someone else's WiFi connection, then it's almost impossible to track them, but as most members on here log on from home/work it would not be hard to track the person down.

anyway enough of my ramblings.

admin/mod's i think your doing a great job, i know it's hard to keep on top of it all, all the time (also how long has farkin been around?)

everyone else i think you should show a little patence and and some respect for your fellow members.

Daver
17-08-2005, 01:41 PM
Hmm, good point, here I was thinking there's enough braindead idiots in the world to account for the amount of shit posted on Farkin... but is it coincidence that Mr Team shares the same IP with a banned Mr Racing? Are they one and the same, or just two seperate individuals that still lack an entire brain between them?
For it was Mr Racing that is in the centre of the whole fucked-frame affair, and it is interesting for Mr Team to come out of apparently nowhere to start shit about the slagging of Mr Racing.
Interesting :confused:

If that's the case then that guy is an absolute tool. He sold me a brand new hayes purple which turned out to be an old Hayes mag with all the bolts stripped and a bent clamp, not to mention selling a D8 that seemed to harbour copious amounts of rust...

Is it still defamation if it's true?

Dave@
17-08-2005, 01:47 PM
also if this forum is hosted OS then australian defamation law's are useless.
so no need to really worry (unless it's US hosted then you got a good chance of a lawsuite going through haha)



Wrong on the first point, right on the second, though not for the reasons you're alluding to: Dow Jones & Company Inc v Gutnick (http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html)

Basically the courts have ruled that although the host is in the US, the fact that an Australian PC can request and view it, means it's published in Australia. I wouldn't want to defame the Supreme Court by saying what I think of that particular decision, but rest assured the next time I mail order something from the US I'll expect it be covered under Australian sale of goods law.

Dumbellina
17-08-2005, 02:09 PM
Wrong on the first point, right on the second, though not for the reasons you're alluding to: Dow Jones & Company Inc v Gutnick (http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html)

Basically the courts have ruled that although the host is in the US, the fact that an Australian PC can request and view it, it's published in Australia. I wouldn't want to defame the Supreme Court by saying what I think of that particular decision, but rest assured the next time I mail order something from the US I'll expect it be covered under Australian sale of goods law.

In regards to what I said on defamation read the above case. Also Bobby my point was that your on-line reputation and your real reputation are different, obviously the person is the same person. The IP address is relevant only to the place of publication and hence the applicable law.

Also the example that "XXXX is a liar because he was going to sell me some piece of crap", is not necessarily defamation. First it could have been considered factual reporting. Second was that person's online reputation harmed by being called a liar, that is for them to prove.

In respect of Sale of Goods law, mail order forms usually contract you to the applicable law (for example Singapore law). What the legislation can provide is that a contract which says that our sale of goods laws do not apply are void and so you have the protection of those laws.