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Discussion Forum May Get Sued

Discussion in 'Legal Issues' started by dvduval, Jul 17, 2005.

  1. #1
    I have a forum where some libelous statements were made by members, and there is the possibility that someone is thinking of suing me (the forum owner). I'm wondering what steps I might take to protect myself from this and future problems. Here are a few things I have done or am considering:
    1) There is a Terms of Service page that goes over how we are not responsible, and how we make efforts to remove libelous posts, and how they are agreeing to the terms by participating.
    2) There is a similar message on the registration page.
    3) I was considering transferring ownership to an entity (ex. LLC) for further protection.

    What else can I do? How easy would it be to sue a forum owner and win?
     
    dvduval, Jul 17, 2005 IP
  2. Pahrump Mike

    Pahrump Mike Life Is Good

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    #2
    Just do what I do, rack up tons of debt, and continue to spend more than you make. Don't spend the money on long term assets. That way there's nothing for them to win in court.

    Seriously, I would run, not walk, to an attorney if I were you.
     
    Pahrump Mike, Jul 17, 2005 IP
  3. vprp

    vprp Peon

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    #3
    As mentioned by the poster before, you should go see an attorney.

    Transferring ownership to an LLC would be a good idea but you should have an attorney help you with this so you could clear yourself from any personal liability.

    My personal opinion is that it would be difficult to sue a forum owner and win but the hassles and headaches it may cause you would still be a pain even if you did win. You should see an attorney as soon as possible to protect yourself as best as you can.
     
    vprp, Jul 17, 2005 IP
  4. dvduval

    dvduval Notable Member

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    #4
    Well, right now they are more interested in suing a poster, but say they may require our involvement in gathering information for their case.

    I have a great base of support, including some folks with substantial $$$, so I feel at least a little security. I don't think I will go to a lawyer until one contacts me, but I may work on the LLC thing.
     
    dvduval, Jul 17, 2005 IP
  5. Dastar

    Dastar Active Member

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    #5
    Fatwallet.com was sued by a online store because FW members were bashing the store and their business practices. They sued FW for some rediculously high amount and lost. Of course, FW was already doing quite well financially and could weather the legal costs.
     
    Dastar, Jul 17, 2005 IP
  6. Dominic

    Dominic Well-Known Member

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    #6
    Legal costs exactly... anything that goes to civil court comes down to who has the deeper pockets to see through a dispute.

    If the lawyer doesn't give you adequate protection, ask about transferring ownership of your assets to other people in your family.
     
    Dominic, Jul 17, 2005 IP
  7. nddb

    nddb Peon

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    #7
    When I first opened up my site, I emailed the EFF about the liability of owners of sites who allow users to post. Now, from what I am beginning to understand, this doesn't mean someone can't abuse the law, and drag you into court just to be a thorn in your side, but this is what the EFF sent me. If you know, or have reason to suspect, that the comments are libelous, I think you should probably remove them, if you haven't.

    I'm no lawyer, and I'm running into a very similar situation with threats of lawsuits (what a great country, free speech can cost you a lot in legal fees apparently), but this is what the EFF sent me, initially :

     
    nddb, Jul 18, 2005 IP
  8. Old Welsh Guy

    Old Welsh Guy Notable Member

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    #8
    I would say,
    1) Speak to a lawyer if only to prove to a court that you have taken action in the past.

    2) If you think something is libelous, then edit it out with words like opinion and allegedly Opinion is not actionable as it is opinion not fact. Law is based on the facts at hand, and opinion being just that is the personal view of one person and not a fact.

    If I posted that In my opinion you area lying dishonest toad, it is not the same as saying 'you are a lying dishonest toad' . In the first case, I have stated my opinion, and the validity of that statement depends on the way my opinion is viewed. Whereas stating it as fact leaves no room for error.

    Secondly if someone states that 'you are an alleged lying dishonest toad' again it is not being stated as fact although you will be expected to be able to name the source of the allegations. E.G you read in a newspaper that I am being filed for bankruptcy' if you state 'He is being sued for bankruptcy' and I am not then I can sue, if you state ' Allegedly 'he is being sued for bankruptcy' then all you have done is repeat the allegations.

    For most cases to succeed, they have to prove negligence, if you have taken legal advice, and edit your forum for obvious libel, then you are highly unlikely to lose a case (it is not possible to say you will not get sued, as people can force you to defend yourself against anything if they have the money).

    It is all about protecting yourself, and the easiest way to do that is to correct openly any posts you feel are libelous or potentially libelous. After people have read your corrections once or twice they will know what is and isn't acceptable.
     
    Old Welsh Guy, Jul 18, 2005 IP
    I, Brian likes this.
  9. Shoemoney

    Shoemoney $

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    #9
    1) you cant just form a company so you can slander people...
    2) The veil of protection only works if you act like a company
    3) your not going to get sued
    4) if you REALLY feel you are going to get sued you get your attourney to file for a injunction RIGHT AWAY against them for the threats they have made at you about sueing.

    If you wait until they sue you then you will have to goto there jurisdiction. If you get a injuction against them you bring them to your table.

    I am not a laywer but I have been in alot of internet legal battles and issues. You need to follow your attourneys advice.
     
    Shoemoney, Jul 18, 2005 IP
    mcfox likes this.
  10. RectangleMan

    RectangleMan Notable Member

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    #10
    Very good shoemoney! I am not a lawyer either but the past few weeks I been thinking about it. I am 34 now and a stay at home dad...maybe law school would be fun. Anyways I think your advice is on the money. People talk lawyers and court all day long but usually don't sue. Realistically any lawyer will tell them they would lose so why spend all that money? Also you could counter-sue for their malicious action against you. bah...it's getting pretty sad that so many legal threats are being thrown around these days on the web. I know that j. berryhill must be doing rather well.
     
    RectangleMan, Jul 18, 2005 IP
  11. e10

    e10 Well-Known Member

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    #11
    Well, I realise that I might be missing the boat entirely here but are you saying that if I called someone a liar or a conman on DP that Shawn could get sued for that? I´m sure Shawn has all the legal back up he needs and his input here would be valuable. SHAWN????
     
    e10, Jul 18, 2005 IP
  12. Shoemoney

    Shoemoney $

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    #12
    yea... you missed the boat

    watch -

    MICROSOFT SUCKS
     
    Shoemoney, Jul 18, 2005 IP
  13. e10

    e10 Well-Known Member

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    #13
    Okay... I do that more and more often these days. Sorry for disturbing you lot. Get back on track, I´ll read more and learn. :)
     
    e10, Jul 18, 2005 IP
  14. I. Brian

    I. Brian Business consultant

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    #14
    In the UK at least, it seems to be the individuals who make such allegations who are specifically open to action:
    http://www.theregister.co.uk/2005/03/24/motley_ruling/
    http://www.theregister.co.uk/2001/03/19/websites_forced_to_identify_forum/

    However, the degree of editorial action could be a possible factor in US law - I say this simply because IIRC, a few years ago Microsoft would usually refuse to take an editorial role on any of its MSN communities, on the grounds that actively editing content in any way would leave them able for claims of liability due to the exercising of editorial control of said content.

    I believe there may have been some interesting precendents set since then, so if it looks like a real issue you'll have to face, then take legal advice as required.

    I know there have been consumer complaints on Platinax that came up, that led my being advised to remove a couple of my own comments to be safe, but otherwise the complaints remain and I don't believe the company involved can hold myself to any degree of accountability - merely liability with regards to co-operating with any legal process that may or may not result, such as providing IP and identifying user information where requested by any court process - which, of course, I would comply with.
     
    I. Brian, Jul 18, 2005 IP
  15. Blogmaster

    Blogmaster Blood Type Dating Affiliate Manager

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  16. blush02

    blush02 Guest

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    #16
    I suggest since you are the owner of the forum site in the first place to remove post that are libelous or put in your forum rules that any libelous comments or post will not be entertained and will be automatically removed.
     
    blush02, Jul 21, 2005 IP
  17. Blogmaster

    Blogmaster Blood Type Dating Affiliate Manager

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    #17
    hmm, so you mean that forum owners should give in and bow down to anyone who has a problem with anything anyone might say?
     
    Blogmaster, Jul 21, 2005 IP
  18. JCDev

    JCDev Peon

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    #18
    1- Start an internet forum
    2- Make a deal with a friend of yours to sue you over some fake stuff posted by you on your own forum
    3- Have the media report the case all over the world
    4- See your forum become popular
    6- Have your friend desist on the case
    5- Collect and share the profit

    God I'm a genious :p
     
    JCDev, Jul 21, 2005 IP
  19. Shoemoney

    Shoemoney $

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    #19
    jc- that kind of stuff works well =)
     
    Shoemoney, Jul 22, 2005 IP
  20. T0PS3O

    T0PS3O Feel Good PLC

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