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Thread: xoompad threatens legal action against REW

  1. #21
    Join Date
    Oct 2005
    Location
    Calgary,Canada
    Posts
    777

    Default Re: xoompad threatens legal action against REW

    Aaron - I'm completely behind Morgan on this one. Morgan as you know isn't one to react hastily, and as he's pointed out, there were multiple posts from Xoompad employees *I don't have access to the server logs but I'm sure it was simple enough to identify the IP addy's*.

    This forum has a TOS which explicitly forbids promotion of third party services, which is what the XP postees were doing. Add to that the threats that allegedly were made on the phone to Morgan's staff, and I'd say Morgan's reaction was more than appropriate.

    Keep in mind that this company has (is currently?) displayed other company's registered trademarks without authorization, and the picture seems to be pretty clear.

  2. #22
    Join Date
    Jan 2007
    Location
    Laramie, Wyoming
    Posts
    41

    Default Re: xoompad threatens legal action against REW

    Quote Originally Posted by pcdoc
    The only thing he could try to sue for is "libel". Libel has 3 ingredients: 1/ Must be said to a 3rd party (Pass)

    Umm, don't you mean 'slander'.

    Definition of libel

    http://www.thefreedictionary.com/libel

    No, I meant libel. You cannot slander someone on a web log. Libel is written, slander is spoken. I'd say my meaning was implicitly clear! Umm the point of the post was regarding falsehood; you can say whatever you want as long as it's true.
    And if someone is a celebrity (in the public eye, including politicians) you can dabble even further into what would otherwise be slander/libel/defamation and get away with it. But again, in this instance, it sounds like they had no case at all.

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