Complain about a company via the Net? Could get sued

[RickM]

While this is off-topic this article describes a phenomena that is not unique Pelican. Especially in the Tech section, as complaints are often posted here.

I thought it would be worth a discussion.

http://story.news.yahoo.com/news?tmpl=story&cid=562&e=2&u=/ap/20041105/ap_on_hi_te/gripe_site_complaint

[tycharle964]

i was just getting ready to say the same about trademark infringement.....needless to say I think our ranting about suck products and shops will be protected for now

if we were to create a website similar to someone we didn't like, I would expect there to be problems

[stealthn]

They are too close to the name of the product site , they'll loose.

If they just would have setup a site and posted they're own observations and nothing that did not really happen, they would be fine.

Should have just subscribed the owners of the shop to some online fetish forum

[sammyg2]

The following is just my opinion, take it for what it's worth:

We can get sued for anything, any time, anywhere. that is how the system is set up.
The difference is whether we would win or lose. If I was an a$$ or a moron or a troublemaker I could pick someone out of the blue and sue them for no reason and they would have to defend themselves no matter how silly or incorrect the complaint is.

making a true statement that damages a company's image is not usually basis for a judgement, after all it is true (if you can prove it) but still may invite litigation.
Saying that "XYZ company sucks" is prolly over the line and may result in negative judgement because it is damaging and presented in a way that insinuates that the statement is fact.
Saying that "in my opinion, XYZ company sucks" may not be because it is represented as opinion and you are entitled to it. BUT, If you are intentionally saying something in order to damage a company or individual and your opinion cannot be reasonably justified, that may cost you also.

BTW I'm not an lawyer but I sometimes play one on the internet

[Randy Webb]

This is not to far from the way things really work. True, anyone can be sued. There are about 3 points at which the suit can end, and the further it goes, the more it costs. In some cases, it might be dismissed in a few weeks and wold cost you "only" a few thousand $$ or maybe less.

The other thing to bear in mind is that no attorney will take a suit that is really ridiculous -- "frivolous" is the term. If they do, the Court will fine the attorney. Also, even if not frivolous, your costs for your attorney might be paid by the person who brought the suit.

Truth is always a defense.

But this is serious business and very expensive. Don't lie about people (companies are 'people").

[david c.]

Truth is not always a defense. One can be liable in tort for disclosure of completely true but private facts about a person, or painting them in a false light with true facts.

The plaintiff usually has to prove actual damages as a result in the above scenario in a traditional defamation type action.

If you call someone a leper or something that is called defamation per se, the need to prove actual damages is negated by a presumption of damages.