Comments on: Hey Blogger, Are You Ready for the Lawsuit?

By: Darla Sycamore

Darla Sycamore — Sun, 09 Nov 2008 20:43:47 +0000

Sorry forgot to mention it. Here is a great site on the rights and responsibilies of bloggers http://www.eff.org/

By: Darla Sycamore

Darla Sycamore — Sun, 09 Nov 2008 20:43:40 +0000

Sorry forgot to mention it. Here is a great site on the rights and responsibilies of bloggers http://www.eff.org/

By: Darla Sycamore

Darla Sycamore — Sun, 09 Nov 2008 20:40:34 +0000

I think one could be just as effective posting a scam warning and researching government sites etc without naming particular companies. That is what I would do and jsut as effective – maybe more effective

By: Darla Sycamore

Darla Sycamore — Sun, 09 Nov 2008 20:40:31 +0000

By: hope frechette

hope frechette — Thu, 06 Nov 2008 02:26:01 +0000

please help me, i was on a support group for pain and depression as well as abuse,of any kind, well i got abused terriably, and the site allowed people to call me vile names and basically push me into a state of suicidal depression.the site is called daily strength, i need some help, i need to do something rather then hurt myself , please help me

By: Mike L.

Mike L. — Mon, 25 Aug 2008 15:11:38 +0000

The question you’re asking is should you worry about slander lawsuits resulting from your blog posts?
If you speak the truth, as Leslie is doing, there is no need to fear. I don’t believe it’s legal to use lawsuits in this way anyway. (they have to be legitimate, not designed to intimidate.)

By: VB

VB — Mon, 25 Aug 2008 03:09:16 +0000

All bloggers should be members of one forum that would expose these types of scam artists and companies that slap lawsuits on bloggers for no valid reason.
The forum could feed thousands of bloggers who could continue to expose the scammers. That way, the scammers or companies would have to sue us all or run the risk of discrimination lawsuits from all the participating bloggers. Sue one, sue us all…
They can corner a lone blogger, but they can’t corner us all if we stand together. I say: Expose the bastards! Great headline Leslie.

By: Kay

Kay — Sat, 23 Aug 2008 15:09:17 +0000

It just never was my intent to harm anyone with my words on my blog. I don’t see the need to use a company’s name on the worldwide scene.
Consumer’s Reports and other agencies do this as their main work, right?
Can’t we get a across a story or a truth without having to use the name of a company or a brand?
Maybe I’m naive, but that has been my belief with or without the threat of lawsuits.

By: Janine

Janine — Fri, 22 Aug 2008 19:52:06 +0000

I refrained from naming two large retailers in a posting. I originally had planned to name names but my gut (and my business partner) told me not to. I guess I’m too risk-averse to stick my neck out.

By: Tom Haney

Tom Haney — Sun, 17 Aug 2008 19:53:44 +0000

I recommend this week in law podcast #14 - Blogger and Podcaster Liability http://www.twit.tv/twil14 Among other conversation there is info on how to obtain insurance for related matters.

By: Richard Millington

Richard Millington — Sun, 17 Aug 2008 16:00:38 +0000

Two great questions have arisen from this. International law is one. Are you liable in the country of hosting? The country you live? The country of the prosecution? Or the country of where the action takes place? (though mobile internet makes this a little redundant).
The other point is legal costs. Not able to defend herself? That’s a strange debate, surely it paves the way for any company to slap a lawsuit against any blogger who makes a negative comment about the company, safe in the knowledge the blogger can’t afford to defend herself?

By: On a Limb with Claudia

On a Limb with Claudia — Sun, 17 Aug 2008 13:40:12 +0000

Wow. You cannot imagine how timely this article is for me. I was threatened with suit on Friday in a situation that I believe to be true.
(My blender blades shattered twice, the last time into small shards that only by the grace of God, we did not drink. The company refuses to pull the product or replace the blades for all the people who have purchased the blender.)
Anyway, I don’t know what will happen. You’ve helped clarify my position, my thoughts, and what I need to do for myself.
Thanks.

By: Drew McLellan

Drew McLellan — Sat, 16 Aug 2008 19:55:58 +0000

Steve,
SLAPP?
I think until there are financial penalties imposed on the offending companies, nothing will change.
So the question is — who/how does that happen?
Drew

By: Drew McLellan

Drew McLellan — Sat, 16 Aug 2008 19:48:49 +0000

Tim,
I would guess, in many cases, it boils down to how long you can afford (literally and emotionally) to stand your ground.
We all know that pleny of big companies bring nuisance law suits, simply to financially and mentally wear someone down.
I completely agree with everything you said. I just wonder how long a solopreneur like Leslie can survive it.
Drew

By: Steve Magruder

Steve Magruder — Fri, 15 Aug 2008 17:22:21 +0000

My viewpoint is that companies that launch SLAPP suits like this should be destroyed (legally, of course). Further, I don’t think companies should even have a right to a legal defense against the free speech of an individual unless they represent a competing organization, for any reason. Call me radical, but it’s what I think. Now sue me!

By: Drew McLellan

Drew McLellan — Fri, 15 Aug 2008 16:27:11 +0000

Gavin,
Do you think this sort of “middle ground” sensibility means that for those who adopt it (you and I, for example) will never had provocative, edgy blogs?
And, does that matter?
Drew

By: Cam Beck

Cam Beck — Fri, 15 Aug 2008 15:40:40 +0000

Drew - Yes I have. With a few modifications, it can be applied to individuals, too: http://www.chaosscenario.com/main/2007/07/the-10-somewhat.html Of course, however you slice it, the Golden Rule is useful for all seasons.

By: Tim Brunelle

Tim Brunelle — Fri, 15 Aug 2008 15:37:59 +0000

Truth matters. Check, then triple check your facts. And stick with *your* story. Be true to yourself. After reading Leslie Richard’s blog post on the scam, I think she’s handling herself pretty well. (The bit about her lawyers was a bit silly.)
It’s only a scam if you allow it to succeed. Leslie did the right thing. She researched the original offer. She trusted her gut, which said, “this smells funny.” And it turns out, it was a fishy offer.
Maybe, just maybe the folks at Vision Media Television are honest. But their actions (as told by Leslie) appear to be less than honest.
As Lewis points out earlier, the real issue is Leslie finding the $$$ to defend herself if it really comes to that. Doesn’t seem like real legal action is taking place, though. So the problem Leslie and other bloggers face is really the cost of time to spread the word and the strength to stick with their story. This is a con game — as in confidence. Leslie’s strength, and any blogger’s strength in cases like this, lies in an ability to remain confident in their side of the story.

By: Gavin Heaton

Gavin Heaton — Fri, 15 Aug 2008 06:27:16 +0000

I am like you Drew and run each post through an internal filter. Unless, as Cam says, it is true — and in which case …
To maintain a credible blog you do need to get your facts right — and also to think through the consequences of your writing.

By: Drew McLellan

Drew McLellan — Fri, 15 Aug 2008 02:08:04 +0000

CK,
Well, then there’s that. It certainly appears to be more of a “you ticked us off” suit than anything else.
It seems, from poking around her site, that they might have picked on the wrong woman. She does not appear to be a shrinking violet!
But as Lewis points out, often times this is about how long can you endure the expense of the fight to protect your indignation?
Drew

By: Drew McLellan

Drew McLellan — Fri, 15 Aug 2008 02:05:06 +0000

Karen,
You are definitely more aware than I have been. Perhaps, like Cam, I sort of have my own internal “rules” but honestly that’s more because I felt it was appropriate and within my professional ethics.
I guess I was naive, but being sued just never crossed my mind.
I think your filter — is it vital to the story — is probably a very wise one.
Drew

By: Drew McLellan

Drew McLellan — Fri, 15 Aug 2008 02:01:35 +0000

Cam,
Are they rules you would/have shared with others?
I’m wondering if eventually there will be a “code” for bloggers, much like I assume there must be for journalists.
Drew

By: CK

CK — Fri, 15 Aug 2008 00:24:29 +0000

I’m just laughing the fact they think they can get $20mm from her. That figure just makes them look all the worse and, um, further damages their reputation since they look like idiots (which I guess means they’re now going to slap a $10mm suit on me for opining that they’re acting like idiots).

By: Karen Putz

Karen Putz — Thu, 14 Aug 2008 21:51:13 +0000

I always keep the threat of a lawsuit in the back of my mind when I write. When I was denied service at a Steak ‘n Shake, I debated back and forth whether or not to expose the manager’s name. I decided not to, partly to protect myself and partly because his name didn’t matter–the issue did.

By: Cam Beck

Cam Beck — Thu, 14 Aug 2008 21:47:49 +0000

Drew – I guess it depends on how you mean. I am not paranoid about it, but I have developed some rules when naming a company or person that I think would protect me from liability.
Plus, thankfully these days truth is an admissible defense against the charge of libel or slander.

By: Drew McLellan

Drew McLellan — Thu, 14 Aug 2008 21:41:38 +0000

Cam,
No argument here. Was this question/issue on your radar screen?
Have you ever worried that something you’ve said might expose you to the risk of being sued? I know we are always at risk because anyone can sue anyone…but you know what I mean.
Drew

By: Drew McLellan

Drew McLellan — Thu, 14 Aug 2008 21:39:45 +0000

Lewis,
I’m sure when you’re being sued like this there’s the righteous indignation reaction certainly, but there’s also the pragmatic — how the heck do I fight this/pay for this aspect of the situation.
Had/Does being sued ever cross your mind? Are you conscious of your words because of that worry?
Drew

By: Drew McLellan

Drew McLellan — Thu, 14 Aug 2008 21:37:25 +0000

Imagine –
I have no idea what international laws have impact on activities conducted on the internet. Or if the hosting company makes any difference.
I have to think that when a blogger signs up for an account via WordPress, Typepad or one of the others….somewhere on there it says they are not responsible for what we say.
But…I think this is all new territory that we’re carving out together.
Drew

By: Cam Beck

Cam Beck — Thu, 14 Aug 2008 19:14:16 +0000

What Lewis said. Truth matters — for journalists and bloggers.
Personally I believe people resort to lawsuits far too frequently. But this is the age in which we live.

By: Lewis Green

Lewis Green — Thu, 14 Aug 2008 18:55:56 +0000

In terms of lawsuits against journalists, truth matters. Editorialists are normally protected because of rules regarding public figures and public companies. I suspect the same applies to bloggers.
However, when we employ personal attacks, or make untrue statements, or post private correspondence or conversation, law suits await just around the corner.
The problem isn’t who is right or wrong; the problems comes from finding the money to defend ourselves against those who would bring suit.
I remember a comment here some time back that raved against phrases such as “I think.” However, when what we write is clearly stated as an opinion, not fact, we are protecting ourselves, as long as we are not being libelous.