Of all the ways to make money!!

[Andy]

Hi Peter,

You are right. Thanks for pointing that out as I missed it entirely. It's also good to have a link to that particular section of code. And still my faith in our legal system wanes...

Andy

[Andy]

There is a downside to taking defamation cases to court. People can throw all kinds of sh*t at you that can be legally reproduced online in the form of "the barrister suggested..." and "the court heard...". Updates from the court room could make for a very interesting thread and it's unlikely the court would cap reporting.

In any defamation case the negative publicity from the court action could end up causing more damage than the original material, but that doesn't stop some people.

From this forum's point of view - a small, fairly new, non-profit forum - it may be a case of no publicity is bad publicity. How should this forum react on being sued? Should I fight it quietly and announce the court decision at the end? Or should I make a hue and cry that we're being "picked on" for being "fearless champions" of website buyers and seller?

If yes, how hue? And how cry?

Clinton,

If you took this to court, my own inclination would be to make it as public as possible. Start right out with a press release as soon as papers are filed and keep them coming. I don't think you can get bad press out of this mess. You're intent was not then or is it now to defame anyone. Your intent is to help people buy and sell websites. This has to include negative as well as positive experiences. Does this mean we should be allowed to bash anyone we like or blame our bad experiences on "dishonest" people? No. On the other hand if we can only say "good things" and never pull back the curtain on the dark side... what value to we provide?

On the plus side, I do not think the person who wants the thread in question to go away would want this battle made public. It is entirely conceivable that he could profit immensely from the controversy himself. Then again, whose to say some lawyer might smell blood and file a class action suit in behalf of a number of this person's past customers?

From what you describe about the UK court system, it's a bigger mine field than our own. Should you be able to win? I think so. Would you win? Maybe. I hope so. Either way the battle could be costly. I certainly am in no position to urge you to put anything on the line.

Andy

[hooperman]

The main points for me in the decision to fight this or not are:

• Time - if managing your side of the legal process drains a lot of your time, then that is a real pain. On the other hand, if your lawyers can work autonomously, then that's not so much of a problem. I've never been in this position before, so I don't know what your legal obligations are. Can you just hand everything over to your lawyer?
• Financial cost - no idea how much these things cost. If the potential cost could ruin you, then don't fight. If it's a drop in the ocean to you, then go ahead!
• Undeserved bad press - the guy pursuing you might not deserve the bad press given in the original thread. But he had ample opportunity to put forward his side of the story - and he did.
• Stress - if going through with this will cause you a nervous breakdown, don't do it. It's just not worth it.

Not sure whether any of that helps. I think that the good and just thing to do is fight the legal action. For me, it's whether the cost of "doing the right" thing is too high, though.

Clinton, what does your gut feeling tell you to do?

[Clinton]

I wish I had a gut feeling

Thanks for all the support, guys. And the ideas.

Andy, in this case I don't think he'll profit from controversy. And I've no doubt he sees it that way too. He'd rather not have controversy. He wouldn't like the case being made public. A press release right now would be great for this forum so I'm tempted, but he may see it as provocative.

hooperman, it would take a lot of my time, no doubt about that. The costs to fight a case wouldn't ruin me but it would cost a fair bit - in the thousands at least. Unlikely he'll win compensation, but it's worth bearing in mind that freak outcomes are not impossible. His claim is for $1,000,000.

An ideal solution would be if he agreed to arbitration. I'd agree to abide with an impartial arbiter's decision because, more than anything else, I want to be fair. If the arbiter rules I should alter/remove the thread, I'd be removing the thread for reasons not involving money or compromise of principles. Could look good in court if I offered arbitration and he declined.

Will keep you'll posted. It may be a while.

[Andy]

I wish I had a gut feeling

Thanks for all the support, guys. And the ideas.

Andy, in this case I don't think he'll profit from controversy. And I've no doubt he sees it that way too. He'd rather not have controversy. He wouldn't like the case being made public. A press release right now would be great for this forum so I'm tempted, but he may see it as provocative.

No sense provoking anything, but once the suit is filed, then the gloves could come off. Unless, of course, you see some advantage (i.e. a favorable settlement) then by all means, keep things quiet until a legal battle becomes obvious. Might not hurt to have a press release ready.

Hooperman makes a good point about the time/stress issue. These things can consume great chunks of your life... a worthy consideration.

Andy

[JJMcClure]

I don't get the $5k offer either if they can force the removal legally, that's really wierd.

I wouldn't think less of you for taking it Clinton, frankly it wouldn't have occured to me to, I would have just thought 'score!'. I guess my principles are busy being focussed in other areas.

[Clinton]

Let me say again, if I did take such a payment, 100% of it would to charity. In fact, to keep things clean, the payment would go directly to the charity with the charity sending me a receipt.

There's no doubt that it's entirely logical to make such an offer to achieve his desired outcome. He'll achieve what he wants immediately, save more than that sum on lawyers' fees and there'd be no chance of losing the case.

[JJMcClure]

Let me say again, if I did take such a payment, 100% of it would to charity.

100% clear and understood mate.

I'm not equipped to have an opinion on this really, I've never encountered this situation let alone been in it, maybe I should have just stayed off the thread. I certianly didn't intend to imply anything about your principles and I hope it didn't come across that way.

[Clinton]

No offence, mate. It seemed to have come up a few times in the thread and elsewhere about the option of "me" taking the money

[MrMonkey]

I too would leave the site up. If this nutter is trying to buy your silence (and threaten you in fear of that not working), he obviously has something to hide. I don't reacall teh thread personally, but if that was said to me, I would think that if he had a case against you, he would not need to offer you that, as he would likely get money from you in damages.

Leave it there, expose these people. I too want to start some threads on exposing the 'darker' side of internet business, but feel I should wait until my reputation score is a little higher.

I see these kinds of people all the time, and it really annoys me. Bring the S O B down