RCC is active. Very active. But, it's not really a forum. It's not on the web. It's on the USENET. USENET is older than the web. The only way via the web i know to access it is http://groups-beta.google.com/group/rec.collecting.coins I haven't really been active there since '01.
The defense of this case will revolve around providing evidence that what the defendants are saying is actually true. Examples of ACG slabbed coin should be documented and offered to the defendants lawyers. Discussions about ACG slabbed coins should be cataloged. I have a sense that the overwhelming consensus among knowledgeable coin collectors is that ACG coins are consistentantly overgraded and thus the actions of the defendants who are acting to preserve the authenticitity of their interests are justified. Providing a body of evidence to the defendant's litigators should be a worthwhile endeavor.
One problem with that - a large part of the recognized "experts" who could provide such testimony - are defendants.
That is problematic. I guess it's one more reason where a community effort to show the difference between ACG grading practices and actual grades could help. I've been doing a little research on applicable law and have found numerous cases of the FTC cracking down on dealers selling overvalued coins to consumers but nothing on overgraded coins. Coin grading is subjective but only to a point; there should be some crossover in legal opinion when you compare the large scale investment fraud cases to the small-scale/volume involved here. That's why I'm thinking aggregate examples from the coin collecting community would be a good thing.
I agree - an honest comparison of graded coins will undoubtably play a key part in the defense. And there have been court cases of overgraded coins - and the grader lost.
I'd love to see the citations for the overgraded coins that lost. Any such info could likely be used in defense of this suit. Accusing ACG of lousy judgements in coin grading on an individual basis is completely legal. The plantiff's complaints about certain individuals's internet postings has virtually no merit. What's left is the accusation that incorporated entities conspired to limit access by the plantiff to venues of commerce and did so without merit. What needs to be proved is that there was merit in calling out ACG for it's crappy practices and that it was done consistently. This case will likely go no where for ACG but will cost the defendants a considerable amount of cash and headache. It appears to be a "hail mary" that will probably leave ACG dissolved and the defendants holding the bill for the their own defense. It's a lose-lose for everyone involved and a negative for the coin collecting community. Shame on ACG.
Win or lose this case, ACG will be the biggest losers of all in my book. Bawling about "how someone said something about me in discussion forum" is the biggest indicator to me that they really know their reputation has been lost. People that are really confident in who they are don't have to boast or shout to prove it but insecure people are ones that usually cause the most problems like this. All Credibility Gone
Does this suit have a Trial date set yet. I wonder if this might be one of those lets drag it out over many years kind of thing so the defendents lose without ever even getting to judgement.
Then how can you sue RCC?? Isn't that like sueing the web? You got to wonder what kind of legal advice they are getting -- sueing the whole numismatic community, sueing RCC, and running ads in CoinWorld with one of the defendent's name on it. Seems strange.
"This case will likely go no where for ACG but will cost the defendants a considerable amount of cash and headache. It appears to be a "hail mary" that will probably leave ACG dissolved and the defendants holding the bill for the their own defense. It's a lose-lose for everyone involved and a negative for the coin collecting community. Shame on ACG." TRVST. Sometimes people are mugged in many ways and a person can end of paying money to make a problem go away for it is alot cheaper then the legal fees. I have not viewed any briefs on the case but there are alot of civil cases, from my perspective,that are meant to bully, extort, but never intended to be judged. It would seem that both Pete, (SLAPP), and TRVST have made some points to consider on what this issue might be about.
My favorite part of the suit is in chapter 11 under the heading "Factual Allegations" where it says, "ACG has never had any major complaints since its inception." I'm LMAO at that! Isn't their suit based on the fact that the whole (or nearly so) of the numismatic community has complained about their shady grading!?! If that doesn't qualify as a "major complaint" then what does?!
I dont have a favorite part,,, I think the whole thing stinks and speaks poorly of our judicial system, Personal opinions should not be open to lawsuits,, since when are our courts to be involved in this sort of thing where a business can sue someone for not liking there Service,Business ,personel ,demeanor,,,,, pretty stupid IMHO We live in a sad time when this sort of thing can happen and be approved of.