Freedom of speech

Discussion in 'Legal Issues' started by Skribblez, Jan 8, 2006.

  1. #1
    Right now, I am trying to move all my sites to a new host, and it's a pain, because they are all hosted at different places. Just at one host, the host refuses to provide assistance with transferring my account, my new host keeps getting errors when they try to transfer my account from my old hosts server.

    My friend, who is trying to help me transfer my account over to the new server had a talk with him (Setra Hosting) and he's been calling their hosting service "cheap" and a "sore loser" because they refuse to provide assistance with the transfer, or even fix the issue with their server that prevents the transfer. And with the attitude they've shown us, they are telling us they don't care, and they don't want to provide assistance simply because they are losing a customer.

    After he said those things, the person from Setra Hosting threatens that he will report him to his ISP. He didn't sound too worried, and I didn't sound worried either. Don't we have the right to do that stuff? And I'm not a law type of person, but doesn't that come under unlawful threats, or something like that :rolleyes:

    He said the next time my friend attempts to say anything about their host again, he will be calling his ISP. Should my friend be scared? or should he have nothing to worry about? After all, it's freedom of speech right? :)

    hmm, sorry for starting a topic on this SMALL issue, but I just find it annoying when people try to threaten you simply for voicing your opinion.
     
    Skribblez, Jan 8, 2006 IP
  2. mdvaldosta

    mdvaldosta Peon

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    #2
    Saying bad things about someone / a company is only illegal if it's not true :D
     
    mdvaldosta, Jan 8, 2006 IP
  3. Skribblez

    Skribblez Notable Member

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    #3
    lol, never knew about that. Is there any site where I can read about law? well, the whole thing? (The law itself)
     
    Skribblez, Jan 8, 2006 IP
  4. Cyrus255

    Cyrus255 Well-Known Member

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    #4
    Well, for starts, it's called unethical conduct.Most people don't understand that the law comes from morality/religion. It is literally against the law to do something unethical, however in more modern times, we have limited the use of that term generally to business and criminal situations. Social unethicality is no longer scrutinized.

    However, if there was a grievance against your friend, he may be in the right. But ask yourself this: Can he fight to stay in the right? Chances are you don't have money to throw around on a lawsuit. So if they do persuade your ISP to shut off your connection, or they worse yet, attempt to sue you... chances are you'll have to back down. However, they won't usually resort to that unless you are threatening their profits.

    Good luck
     
    Cyrus255, Jan 8, 2006 IP
  5. Phidippides

    Phidippides Peon

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    #5
    At least in the United States, free speech complaints can be lodged against the government or state actors (e.g. publicly funded universities), but not against private parties. Does not appear to be a First Amendment claim here.

    Perhaps I'm not clear on this, but I don't understand where the "unlawful" part of the threats come in. Now if the bad host is preventing you from ownership rights of your property (site), you may have a different claim (i.e. some sort of cyber conversion or trespass to chattels), but that's a separate matter.
     
    Phidippides, Jan 12, 2006 IP
  6. RectangleMan

    RectangleMan Notable Member

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    #6
    I doubt this cheapass company will bother suing you. His threats I bet are empty. You should post at webhostingtalk.com you experience and mention this company by name. Don't let this guy roll you and intimidate you in the slightest. Fight for you rights. If he steps out of line you can sue him. It's just that simple. Most people are intimidated by the threat of a lawsuit...you shouldn't be IF what you are doing is right.
     
    RectangleMan, Jan 13, 2006 IP
  7. hammurabbi

    hammurabbi Peon

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    #7
    I remember that Penn & Teller show called "Bullshit!".

    In the first episode, the fat dude with the ponytail said something along the lines of: "Legally, we can't call these people 'liars', but we can call 'bullshit!' when we see it."

    The First Amendment and the defamation laws make strange bedfellows.
     
    hammurabbi, Jan 17, 2006 IP
  8. latehorn

    latehorn Guest

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    #8
    YOUR HOST DECIDES IF ITS LEGAL OR NOT <-- caps lock on
     
    latehorn, Jan 18, 2006 IP
  9. Edz

    Edz Peon

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    #9
    Anyone can express their dislikings by the way they are serviced or treated by a company.

    Just look at paypalsucks.com and such the like.

    I wouldn't feel the least intimidated by them and would make a full out media war from it by expressing your bad expierences with them. After all it is the truth and it is their wrong doing that make you feel so frustrated.

    They can not sue you or your friend since it is not slander, it is expressing your views on their bad service.

    Make a story about it and put it on digg shoutwire and the works, i will shout or dig your story for you. And i don't think i will be the only one that will want to help you on this.

    If their service is bad and plain rude you tell people about it and if you would say that you would spread the word on the net from your bad experiences with them they will back down if they are smart enough.

    Better to lose one customer then loosing more and not gaining any more customers because the word is out on their bad practices and service.



    I just hate those kind of little piss ants:mad:
     
    Edz, Jan 18, 2006 IP
  10. Skribblez

    Skribblez Notable Member

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    #10
    Thanks guys for your views, we are now more convinced that we are doing nothing wrong :)

    Same here.. :mad:
     
    Skribblez, Jan 21, 2006 IP
  11. lorien1973

    lorien1973 Notable Member

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    #11
    There is freedom of speech. There is no right to be heard. There's a huge difference between the two.

    A host shutting down an account because it doesn't like the content is not taking away your right to say anything. Its their servers, thus, in the end, they can decide what content should be on it.
     
    lorien1973, Jan 21, 2006 IP
  12. iowadawg

    iowadawg Prominent Member

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    #12
    Hosting companies do not have to fight you, argue with you, or be sued by you.
    If in their opinion they do not want your site hosted, they do have the right to close your site.
    Hosting companies are very sensitive to issues of spamming, phishing, scamming, etc.
    Same with ISP's.

    The Iowa Dawg
     
    iowadawg, Jan 21, 2006 IP
  13. RectangleMan

    RectangleMan Notable Member

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    #13
    You guys are not reading this correctly. It is the hosting company that is saying will sue the client simply because he is bad mouthing them.
     
    RectangleMan, Jan 22, 2006 IP
  14. iowadawg

    iowadawg Prominent Member

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    #14
    Of worms there!
    In any fight like this, both parties had best keep copies of all emails, offline communications, etc.

    The Iowa Dawg
     
    iowadawg, Jan 22, 2006 IP