Oct 02, 2007, 05:24 PM // 17:24
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#1
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Site Contributor
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Whirlpool Owner Sued Over Forum Comments
All right, saw this at GWO and it's very interesting. I think it would be a blow to a company to do this, especially a highly social one such as the gaming industry, but its something to consider.
Whirlpool Owner Sued Over Forum Comments
From: http://www.idm.net.au/story.asp?id=8788
Whirlpool Owner Sued Over Forum Comments
By Nathan Statz
September 12, 2007: Simon Wright, the owner of popular Australian Broadband forum, Whirlpool has been sued by accounting software provider, 2Clix for lost sales resulting from negative feedback in two online forum threads.
The company has lodged a statement of claim with the Queensland Supreme Court for $150,000 in damages resulting from lost revenue, and to have the forum threads “2Clix or not 2Clix?” and “Anyone used 2Clix?” permanently removed from the website.
2Clix’s legal action has already begun to do more harm then good for the company, as the backlash from internet users begins to take shape. Since word of the case broke out, Whirlpool has had an explosion of interest in the matter with over 120 pages of discussion and climbing. People who had no idea who 2Clix were before are now being alerted to the events, and thus far reactions are have been far from positive.
Whirlpool has been careful to try and avoid further problems with all the interest being generated, asking users to “respect Simon's right to a fair trial and not prejudice his case. Users should refrain from doing anything that might expose Simon to contempt of court such as making statements that prejudge the outcome of the case” written in a statement on the Whirlpool main page.
A guilty verdict would result in a tremendous blow for online forum communities as it would force owners to moderate content more so then they do now. Modern forum moderation is usually concerned with removing inappropriate content such as swearing and individual harassment, not the policing of free speech. Online forums are currently considered to be a haven for open discussion and the exchanging of ideas, which would be under threat if more cases like that of Whirlpool's were to eventuate.
Dale Clapperton, chairman of the online users lobby group, Electronic Frontiers Australia told SMH that 2Clix was using the law to silence its critics. "It might mean the end of criticising companies' products and services online", as "any company will be able to demand that people's criticisms of them be deleted off websites, and if they don't comply they'll sue" Roberts said.
Legal action over forum posts isn't anything new though, as back in 2001 the major Australian Overclocking & Hardware website, Overclockers Australia (OCAU) ran into legal strife when hardware reseller, Sunlit sued OCAU over comments made on its online forum. That case was ended before reaching a judgement, but still saw quite high legal bills for the sites owner, James Rolfe. Interestingly OCAU implemented a strict Defamation policy and removed all references to sunlit from its website when the case shut down.
For a company who are concerned enough about their online reputation that they launched legal action over the matter, it makes little sense that they wouldn’t consider the possibility they might actually be making things far worse. A plethora of Whirlpool users have come out in sympathy with Simon Wright’s plight, along with pledges of support from other online forums and websites.
The public support for Whirlpool has been so strong that a string of donations towards legal fee’s have been sent through to Mr Wright without any call for them. News travels fast on the internet, and to openly attack a popular and well respected Australian broadband website seems to have only invited far worse levels of ill will then the original two forum threads ever did. Blog posts, forum threads, chat rooms and other social networking discussion is lighting up over the topic with none of it favourable towards 2Clix, a trend that looks set to continue.
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Oct 02, 2007, 05:36 PM // 17:36
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#2
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Lion's Arch Merchant
Join Date: Apr 2006
Location: Somewhere between GW and Fchan on the nets
Guild: None
Profession: R/D
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/shakes head in sorrow and disbelief
The day we aren't allowed to air our sincere opinions about a product or company on an public forum is going to be January 1st of 1984.
Stupid company. Very stupid.
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Oct 02, 2007, 07:51 PM // 19:51
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#3
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Perfectly Elocuted
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Where would it stop once they successfully manage to fault a public forum? Could retailers then go after online sites like newegg or amazon where you can post reviews about stuff you've purchased? This is bologna.
__________________
" Capital letters were always the best way of dealing with things you didn't have a good answer to."
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Oct 02, 2007, 08:07 PM // 20:07
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#4
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Never Too Old
Join Date: Jul 2006
Location: Rhode Island where there are no GW contests
Guild: Order of First
Profession: W/R
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I notice both incidents took place in Australia. Do they have constitutional guarantees of free speech?
__________________
That's me, the old stick-in-the-mud non-fun moderator. (and non-understanding, also)
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Oct 02, 2007, 08:19 PM // 20:19
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#5
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Jungle Guide
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i lol'd in real life
i mean, seriously?
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Oct 02, 2007, 09:47 PM // 21:47
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#6
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Forge Runner
Join Date: Dec 2005
Guild: Galactic President Superstar Mc [awsm]
Profession: E/
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At first I shook my head in disbelief as well, till I read this:
Quote:
2Clix’s legal action has already begun to do more harm then good for the company, as the backlash from internet users begins to take shape. Since word of the case broke out, Whirlpool has had an explosion of interest in the matter with over 120 pages of discussion and climbing. People who had no idea who 2Clix were before are now being alerted to the events, and thus far reactions are have been far from positive.
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AWESOME
They're sueing them and it just backfires on them
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Oct 03, 2007, 12:59 AM // 00:59
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#7
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Hustler
Join Date: Nov 2006
Location: in between GW2 servers
Profession: Mo/
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LOL Wow. I'm speechless.
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Oct 03, 2007, 03:45 AM // 03:45
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#8
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Krytan Explorer
Join Date: Apr 2005
Location: Somewhere between the Real World and Tyria ;P
Guild: The Gothic Embrace [Goth]
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Lol, so Australian forum operators will just find servers in a country with free speech.
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Oct 03, 2007, 08:09 AM // 08:09
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#9
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Forge Runner
Join Date: Jun 2006
Location: Mancland, British Empire
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Wow, has the world gone mad?
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Oct 04, 2007, 09:42 PM // 21:42
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#10
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Pre-Searing Cadet
Join Date: Aug 2007
Location: Don't Worry ma'am, I'm from the Internet
Profession: W/N
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Christ, EA would have a field day with this........
EA Su..... hmmm better not ¬_¬
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Oct 04, 2007, 11:34 PM // 23:34
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#11
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Krytan Explorer
Join Date: Sep 2007
Profession: Mo/N
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Well when someone tries sueing over free speach it usually backfires, just look at McDonalds and how they jump whenever someone says "McDonalds puts you at higher risk of a heart attack!!" Luckily in the U.S. and A you can't be sued for free speach as long as it isn't fraudulent claims you're bringing up
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Oct 09, 2007, 01:46 PM // 13:46
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#12
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Wilds Pathfinder
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Yes Big brother I will stare at my belly button and walk in a straight line.
Lol seems we sheeple should just cave and turn into mindless zombies who go around doing exactly what they are told at a moments notice.
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Oct 09, 2007, 02:52 PM // 14:52
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#13
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Lion's Arch Merchant
Join Date: Apr 2006
Location: Somewhere between GW and Fchan on the nets
Guild: None
Profession: R/D
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Quote:
Originally Posted by Mike_1.0
Christ, EA would have a field day with this........
EA Su..... hmmm better not ¬_¬
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As someone who came from a game that EA took control of/skullf***ed into nothingness (DAoC), I've done my share of EA hate-spamming. Nothing ever happened to me or the forums I was on. Come on, man up and say it with me. EA Sucks! EA Sucks! EA Su- *crash* Hey, who the f*** are you people? Help! He-*blam* *blam* *thump*
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Oct 10, 2007, 09:34 AM // 09:34
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#14
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Pre-Searing Cadet
Join Date: Aug 2007
Location: Don't Worry ma'am, I'm from the Internet
Profession: W/N
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Quote:
Originally Posted by OI-812
As someone who came from a game that EA took control of/skullf***ed into nothingness (DAoC), I've done my share of EA hate-spamming. Nothing ever happened to me or the forums I was on. Come on, man up and say it with me. EA Sucks! EA Sucks! EA Su- *crash* Hey, who the f*** are you people? Help! He-*blam* *blam* *thump*
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They got another one. We're being taken down one by one.......but they'll never get me!! *hides*
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Oct 10, 2007, 01:31 PM // 13:31
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#15
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Forge Runner
Join Date: Mar 2007
Guild: Astral Revenants
Profession: P/W
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The world's gone crazy...
By the way, people better stop the Anet hate threads or GWG might get sued!
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Oct 10, 2007, 02:14 PM // 14:14
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#16
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Grotto Attendant
Join Date: Aug 2005
Location: Kyhlo
Profession: W/
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Quote:
Originally Posted by Onarik Amrak
The world's gone crazy...
By the way, people better stop the Anet hate threads or GWG might get sued!
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Not going to happen.
As we can see from "2clix" example, suing a forum will do you more harm than good. Even diehard Anet supporters like me would balk, and stop buying Anet products.
Nope, this was a dumb, dumb move by 2clix. And they will lose the suit as well... this is clearly a freedom of speech issue.
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Oct 10, 2007, 09:05 PM // 21:05
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#17
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Forge Runner
Join Date: Mar 2007
Guild: Astral Revenants
Profession: P/W
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Quote:
Originally Posted by Mordakai
Not going to happen.
As we can see from "2clix" example, suing a forum will do you more harm than good. Even diehard Anet supporters like me would balk, and stop buying Anet products.
Nope, this was a dumb, dumb move by 2clix. And they will lose the suit as well... this is clearly a freedom of speech issue.
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Doesn't exist in Australia...
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Oct 10, 2007, 10:30 PM // 22:30
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#19
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Lion's Arch Merchant
Join Date: Dec 2006
Location: Los Angeles
Guild: SlingBlades
Profession: D/Mo
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Quote:
Originally Posted by quickmonty
While here in the USofA free speech is dying a slow death from the PC crowd.
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WERD!!!!
its pretty tough not letting people know they are dumb ass because they might sue......
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