CoinTalk liability - and ours ?

Just a passing thought and curiousity....

I remember another site where you couldn't even post a certain TPG's name because that TPG has sued the site. It was a 3rd level tpg. Don't know the details, but I found it concerning that a company could sue any forum for the content posted by forum members...

Anyway, any lawyers out there ?
I'd like to understand my exposure should I voice any sharp opine relative to a tpg, or auction house, or even..... Doug (gasp) :devil:

Given: it's the rotten ol' USA legal system, and anyone can sue anyone for any reason.

Q. - What is the practical exposure of both this site and it's members should some post an opinion regarding another entity and that entity decide to take legal action.... assuming no propriatery info was exposed,, would they have a leg to stand on in court ?
Q. - Assuming no, could the person or site being sued sue that entity for any damaged or legal fees ?

My guess is yes and yes, per the Given,,, but just curious if we had a local legal expert in the group that could expand.

Also, does anyone remember that tpg vs. coin forum noise around 5 years ago... I think it was ACG that sued someone or a site.... I'd be interested in knowing what prompted the action,,,, if we are even allowed to discuss it here.. it was absolute taboo on the other site.... lol.

 

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Opinion is one thing. Slander or libel is another.

 

Could you provide an example of each and where the border is ?
example -
" I think xyz tpg is cruddy " > ? libelous ?
" and I think auction house 123 charges too much, just like the our sales tax, which is highway robbery and like outright theft ! " ? slanderous ?

 

Going around convincing people on forums that a company is no good with "facts" could be libel.


"Anancs is no good, go with NGC" is an opinion.

I wouldn't sweat it.

 

Well, If I say that I like xyz grading company better than abc grading company because they use stricter standards in their grading, or I like the packaging of one over the other, that's my opinion. If I say one company contains idiot creeps who haven't got a clue about how to grade coins, then that's libelous and I can be held accountable. Another thing. I could probably get away with saying (writing) something like this once or twice, however, if I continued my diatribe throughout the forum on numerous occasions I'm sure that it's possible someone could take notice.....and action.

 

You have to be careful for sure, but if you make it clear that's it's just your opinion, then I would think you're o.k. Hopefully Doug will weigh in on this one.

Bruce

 

So let's say, just hypothetically, that I do prefer XYZ to ABC, and everytime the issue comes up in the forum (on numerous occasions) I simply repeat my opinion and I use "facts" (via pictures) of an XYZ coin graded EF40 vs. an ABC coin graded EF40... and state in each thread that "I think ABC is cruddy and they don't know how to grade and here's a picture of thier stupid grading output."

... hot water ? time to toss out the 2nd amend. and seek counsel ?

 

Both slander and libel relate to defamation, the difference is in how they are expressed; generally, libel is written (printed) and slander is spoken (verbal).

See here for information, including the requirements and exceptions : Defamation, Libel and Slander Law

People like to throw around those words, but most don't have a clue what they mean (especially in the context of an actual lawsuit). There are a number of exceptions, such as opinions, public figures, fair comments.

 

I'm not a lawyer, but I'll try and take a crack at the OP question. In general, message boards are protected from prosecution by the Communications Decency Act (although posters are not) as long as they make an effort to moderate abusive posts or make no effort at all at moderation. If they moderate some posts but fail to moderate a libelous post, then they may have liability issues.

http://www.dba-oracle.com/internet_cyberlibel_usa_cases_message_boards_forums.htm

 

Actually, that looks like two separate statements, with both opinion and libel.

You like one grading service better than another (protected opinion) because they use stricter standards in grading (questionable fact).

If you presented evidence about a particular case (ie; the same coin submitted to each with different grades received) then you'd be protecting yourself from charges of libel with facts, but only if you made a very narrow statement (ie; "They graded this coin less strictly, so I suspect their grading of other coins.").

 

If you say abc is cruddy, and you can back it up with hard substantial facts, then you should be OK. I think a lot has to do with the way you express/word your opinion. Words are like bullets and guns....you gotta be careful how you use them.

 

IMO - huh,,, sounds like it may be good advice to recommend to each forum member that they start thier post with "IMO".

 

perhaps your talking about the news group known as RCC and the TPG known as Accugrade? Cost alot of people alot of money in attorney fees. Some I know, some I didn't. Bottom line was the lawyers won.. Google for more info. Dont want Hager coming after me.

 

found this: http://www.coincommunity.com/forum/topic.asp?ARCHIVE=true&TOPIC_ID=9841

and a funny blurd in the thread.. lol....: "Meddle not in the affairs of dragons, for you are crunchy, and good with mustard"

 

There are a lot of protections afforded internet social groups concerning lawsuits. Whoever said their site was sued for something was lying, as no web forum has ever been sued successfully by anyone as of yet. Now, a person or entity could sue an individual that said something on a forum, but to prove those words resulted in a legitimate business loss would be next to impossible to prove, which is why you never hear of this happening. Libel is as hard to prove in court as heresay.
Guy

 

Here is a site that explains it well with examples and also highlights online issues:

http://www.eff.org/issues/bloggers/legal/liability/defamation

TC

 

The easiest way to remember the difference between slander and libel os to think of the word SLOW - Slander Libel Oral Written

Also, if you want to avoid having your statements, whether oral or written, used as grounds for a lawsuit, just make sure you phrase them in the form of a question........"Didn't someone say recently that XYZ Grading Service was switching coins on customers?"

Why do you think lawyers ask so many questions!

Chris

 

I don't know, but to CYA, don't you think you should have ended that sentence with a question mark?

 

lol... IMO outstanding !, and true ?......... I may put an "IMO" at the beginning and question mark at the end of all my posts from here on out...?