I just read this whole thing and it is crazy. You can leave feedback for a seller even if the sale is canceled. Many new sellers use that as a way to up their stats. With the new rating system canceled sales will count against you and that is a preventative measure. As for the seller he can contact ebay and ask for the negs to be removed and if someone forwarded him a link to this thread he could ask them to read it to support his claim. Now for the OP all has been said so I repeat, you are a business owner, think what your actions would do to your own business and do the right thing.
personally I think this thread might have enough material for a libel suit. if I was the op I would find a way to make the situation right. if the seller read the thread it would probably become a problem for the op.
The OP was just voicing his opinion as he saw it and libel would be very hard to prove in this situation. The negs are a different story as ebay could see those as harassment because the seller did not do what the buyer wanted. I would see this thread being a benefit that way to the seller.
An "opinion" can most certainly be libel. The inference from the OP is that the seller is lying. If seller isn't lying, that's libel.
Fair enough, but doing so for the sole purpose of announcing that he "over paid" is both tactless and unnecessary.
Charlie I do understand your train of thought but this would never grow legs as the seller even admitted he knew they were listed but could not stop the auction in time. What is LIABLE? 1. Bound or obliged in law or equity; responsible; chargeable; answerable; compellable to make satisfaction, compensation, or restitution. 2. Exposed or subject to a given contingency, risk, or casualty, which is more or less probable. Besides proving the probability of a casualty from the one comment the seller would most likely have to prove deformation of character. Law Dictionary: What is LIABLE? definition of LIABLE (Black's Law Dictionary)
the word is libel li·bel ˈlībəl/ noun 1. LAW a published false statement that is damaging to a person's reputation; a written defamation. synonyms:defamation, defamation of character, character assassination,calumny, misrepresentation, scandalmongering; More 2. (in admiralty and ecclesiastical law) a plaintiff's written declaration. verb
What is LIBEL? Defamatory statement published through any manner or media. If intended to simply bring contempt, disrespect, hatred, or ridicule to a person or entity it is likely a civil breach of law. However, if it causes mayhem or breach of peace, it can be a criminal breach of law. Yet, again, if the statement is newsworthy, even if defamatory, proof of benefit to the public is required to avoid criminal complaint. Law Dictionary: What is LIBEL? definition of LIBEL (Black's Law Dictionary)
Do you not think just the title of this thread alone is intended to bring "disrespect" to the seller? I do.
I have seen a good number of libel suits brought because of things stated on MSG boards and 99.99% go nowhere. The biggest problem is the money involved in prosecuting a case like this. Proving harm is not easy to do. The seller could say that his feedback caused him to shutdown because of a loss of business but looking at ebay you can find plenty of sellers with negs still selling and some quite a bit. Do I think the statements made could be libel I do but I do not believe they rise to a level to cause permanent harm.
Is it possible the reason many of us are taking a passionate stance on this topic is because of behavior exhibited by the original poster. His actions mirror the core of societal deficiency. His sense of entitlement, lack of accountability, lack of compassion, and a divisive poor me "victim" attitude. One could also easily argue our rants lack compassion because we are beating the dead horse, and, as a result, we too lack compassion. The difference is, none of us deny our actions. His position, however, is that he has done nothing wrong. What's next...the "race card"? At some point in one's life, cause and effect is a lesson learned. This individual is yet to share the (rude) awakening that what he has done is, or lack of (as in not respecting auction protocol), prompted the end result of a seller taking reasonable action. I am sure all would have a change of heart if OP came forth and expressed remorse, or possibly recognize his actions may have caused the end result. Regardless, nothing on this thread be taken too serious. We all have a gift to share, making the world a better place, in our own unique way.
The seller may not win but he could still force the op to spend his time and money defending the suit. And if he has a friend or family member who will file for free then he won't lose anything while the op pays. I've seen this happen where a person I met had a relative who would sue anyone and everyone at the request of that person. It is not pleasant.
You don't get to re-post after misspelling the first time. and using deformation as a legal term. Zirbg's post was sufficient
Sorry for the messed up posts they were a bit of my twisted humor and no sleep for 3 days. The point being that mistakes do get made and if the OP would just say "sorry let me do what I can to fix this" things would be better for all involved.