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unhappy experience cont.

polishstorm

By polishstorm,
in General Automotive Discussion

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EXIT Community Regular

EXIT

Posted
Posted
Originally posted by tlai909

Naming companies exposes the website to liability.

It's not about freedom of speech, it's about actions that may close down a site.

You are free to complain to the QLD fair trading authorities.

T.

Why would naming a company expose SAU to liability ? Is SAU a registered business entity or company ? As far as I can tell, the domain name was registered by Christian Biggins (i.e. just an individual, not a company). How can he possibly be held accountable for anything that is posted on a *public* forum ? There are zillions of boards around, heck I'm even the admin for one I set up for a highschool reunion. Are you saying that I am now responsible for the content that is posted by my old highschool friends ?

If someone here has had problems/got ripped off by some company, shouldn't they have the same right to name that company as, say, the Current Affair TV programme ? All they are saying is that "hey, I went to company XXX and they did this to me". It's not libel, slander or defamatory remarks - just the facts.

Now, I'm NOT a lawyer and I do not claim to know all the legal ins and outs of liability issues etc., so my post here is just my opinion on the matter. I'd welcome input from other board members with a legal background or who know FOR A FACT that one cannot name a company on a public board in a negative context.

We should really clear this up and have the legal know-how/backing because I think it would be useful to be able to post the names of companies that have ripped off fellow members to protect others.

Companies who are offended or disagree with a post made by someone can post a rebuttal/defense on this board. It is, after all, public...

tactic Proficient

tactic

Posted
Posted
Originally posted by tlai909

Naming companies exposes the website to liability.

It's not about freedom of speech, it's about actions that may close down a site.

You are free to complain to the QLD fair trading authorities.

T.

Not really.... i have been through this matter before and if people make fair comment on their experiances of a certain company it is fine... only thing ppl can try and get you for is defamation and that is where you have to actively seek to tarnish a companies reputation, but if your comment was of an experiance and it shows the company in a negative way it is fair comment... Also there has been reomendations handed down recently where companies should not really be able to claim defmation....

trust me i have been through this shit before and you have nothing to worry about.. so let the guy tell everyone of the experiane he had..

Sumo Mentor

Sumo

Posted
Posted

I reckon that polishstorm is looking out for his fellow skyline enthusiasts, he got ripped off, and doesn't want to see anyone else blindly doing the same! The way I see it its all about looking after your mates, but these days everyone is so worried about saving their own arses......

Sumo

GTS-4OrCeD Proficient

GTS-4OrCeD

Posted
Posted

My humble opinon is that if a guy gets ripped off, then he has the right, no the Obligation to tell everyone else who could be ripped off in the same manner, in this case SAU members. I think it is alright to name names.

But my opinon doesn't count for a bucket of horse shit! When I joined up I agreed to the conditions, and one of them say you can't name names, so we dont here. It is a shame, but I agreed not to it.

Joe Calm down a little

Skyzerr33, maybe you should PM messages like that.

Greg.

Sneeza Grand Master

Sneeza

Posted
Posted

I have also been screwed over by someone in the import industy -I did the right things and I went to Fair Trading with my compliant, and the trader accused me of all sorts of things and then he lied about what he had done etc. Basically I got NOWHERE . Fair Trading can still not enforce people to pay you back or relieve you of payment etc I am now about to take court action against this trader.

Nothing spreads faster than word of mouth ...

There are other ways to "f*uck over" a trader who did the wrong thing without holding other people liable for you libel actions

Duncan Grand Master

Duncan

Posted
Posted

No, No, No.

Regardless of the rules on this forum, the website can 100% be sued for anything posted on here. The owner of the webiste (in this case Christian) can be held personally responsible for everything said here.

Papers, current affairs etc get sued all the time for defamation. They can affort shit-hot lawyers to protect them - who will pay SAUs legals?

As an example, Joseph Gutnick is suing the Washington Times, in Victorian court for defamation at the moment. A contributor to the paper wrote the article in Washtingon, US, and they are in court in Vic, Aus. IT HAPPENS ALL THE TIME.

I'm always interested to hear about dodgy operators, and please share your experience so others can watch out. Just don't name them.

JNR79 Apprentice

JNR79

Posted
Posted

Well, if you cant metion the companies name..fair enough but at least an around about location of them so as it can heed fair warning to any one wishing to have any work done on their pride and joy, cause lets face it..thats really what we are dealy with here. If it were not such a big deal to every body no body would give 2 shits.

I sure would want for warning!!

Thats just my 50 cents anyhow!!!

EXIT Community Regular

EXIT

Posted
Posted
Originally posted by Duncan

No, No, No.

Regardless of the rules on this forum, the website can 100% be sued for anything posted on here.  The owner of the webiste (in this case Christian) can be held personally responsible for everything said here.

Papers, current affairs etc get sued all the time for defamation.  

Ah yes, they get sued for DEFAMATION: In other words, they get sued for writing something that is falsified/incorrect and injures the reputation of the other party.

For example, Tom Cruise sued a newspaper (I think) for writing an article about him being homosexual. He's not gay, he won the case, and rightly so.

Now if he WAS gay then he would have no legal grounds to stand on because the newspaper was merely reporting a fact.

Similarly, if I write an article saying company XYZ in Sydney is shit and imply something which is not true, they could sue me for slander/defamation (if they could prove that they lost business as a direct result of my actions) .

If what I was saying was TRUE however, they could not. It is not slander/libel or defamatory in any way. I am merely reporting a FACT. This is an imprtant distinction.

Hence I still stand by my opinion that if someone was ripped off by some company, they have the legal right to post their name to a public forum.

If someone knows of ANY case where a website has been sued for reporting a FACT, please post it and correct me if I am wrong. (In that case, michaelmoore.com should long have gone out of business!!!)

chaos Grand Master

chaos

Posted
Posted

yes but whats to prove that this company does it all the time?? he may have rung the guy up at a bad time and he was pissed at an employee or soemthing. whats to prove that this company is doing it to everyone?? in my opinion he has no right to post the name without proof the company has done this to other people. im sorry for this persons misfortunes but its life, not everyone is perfect. just like one other post about an import company (not meationing names) people had different views about it. someone was unhappy with the service whereas someone else was happy with the service. some people just expect to be treated like they own the buisness or they are extremly important. do you expect to walk into hungry jacks and have people bring you napkins and pull your seat out as your about to sit down??? no, different companies have different service policies, unless if its a place like hungry jacks or a chain of restaraunts.

EXIT Community Regular

EXIT

Posted
Posted

chaos,

He doesn't have to show or prove that this company does it all the time - he's merely relaying what happened to him on a particular occasion.

If I went to Hungry Jack's, got lousy service and a hamburger that looked like a dog's breakfast as opposed to the one depicted on their menu display, why shouldn't I be able to write and complain about that ??? HJ's cannot sue anyone for that.

If I phoned Tel$tra to enquire about why I cannot get ADSL and then got a very rude response and unhelpful back from them, why shouldn't I be able to write about that ? In fact, I have done so and nothing ever came of it. As a matter of fact, there are a number of Australian IT forums around where people regularly complain about Telstra, Optus, iiNet and other companies and no-one has ever been sued. Nor will they.

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