Monday, April 26, 2010

Opinion? Pay or fight?

Someone comes to you asking to advertise their business idea on an invitation only forum that you host. Later on you find out that person teamed up, then parted and then copied that idea from another person within the same community/forum. Many complaints arise about the copycat program. As owner of the forum wanting to right a wrong, you then publish a post that in essence states the program is a copycat and that the person acted unethically by not being truthful and forthcoming about the origin of their program. You also ban them from your forum.





They get a lawyer who says they will go to court making a case for Libel based on defamatory statements (your use of the word unethical in the forum post) unless you make concessions (forum access %26amp; public apology) and you also must pay lawyer fees. Fight or pay - $600? Easier to pay and get it over with?





I realize there are always two sides of a story and this question is a condensed version. This of course is from my viewpoint.

Opinion? Pay or fight?
Libel is a publicly written statement that is not qualified by fact.





A reputation is how people in the community view you. If your unfounded claim makes a reasonable person believe the statement, that is grounds for a libel lawsuit.





If you have facts to support your claim that it was unethical, then you can win a case.





But before you decide to go to court, decide if it's worth the time and money.





Also if the offended party wins, do you have the money to pay him or her ?





Or if you win, does he or she have the money to pay you?





Now the lawyer made an offer in a letter. If you don't follow their conditions within a prescribed time period, they may send a statement of claim.





A statement of claim is a more serious intention on the part of the offended party to sue.





It lists the claim that a public statement was made which hurt the person's reputation in the community and wish to find a civil remedy.





I can't tell you what to do, but do consult a lawyer. One who can give a free consultation, or you can research the libel and slander legislation where you live.





Good luck.


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