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| review question | Rate Topic |
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| Posted: Fri Feb 19th, 2010 02:15 am |
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1st Post |
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bhyder License holder 
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Hello guys I have been asked to start a website review forum on chatter, set up so members can post a review for certain websites that sell for instance chicken related products. this forum will have posts with polls to rate a website and the vendor as in the level of service. The questions are.... Would this be legal ? Could and would this be considered slander ?
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| Posted: Fri Feb 19th, 2010 03:17 am |
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2nd Post |
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martin_wynne Licence Holder 
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bhyder wrote: Would this be legal ? Hi, It's never illegal to state a true fact -- "I paid this vendor $10 and never received a thing". But for opinion you have to be more careful -- "This vendor is the scum of the earth and should be taken out and shot".  A lot depends on how you ask the questions in the poll. The best question to ask is "Would you buy from this vendor again?", for example: No. Only if I couldn't find the item elsewhere. Yes if the price was right. Yes and happy to. Every time if possible. Wouldn't dream of ever going anywhere else. Your members can genuinely answer such a question without having to give a reason, and others can then draw their own conclusions. No vendor can object because everyone is free to take their custom wherever they want. You can also use numbers without being too explicit about their meaning: "Rate the service you received from this vendor from 1 (lowest) to 10 (highest)." regards, Martin.
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| Posted: Fri Feb 19th, 2010 04:41 am |
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3rd Post |
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bhyder License holder
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Thanks Martin I'm going to think on this for awhile and do some research before i make a decision. we just hate to jump into things without knowing what the consequence could be.
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| Posted: Fri Feb 19th, 2010 10:56 am |
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4th Post |
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javal License holder 
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bh, Take a look at http://www.chillingeffects.org/defamation/faq.cgi . Might explain some of your initial worries. You're right to have a concern, as laws can vary not only country to country but state to state. Martin has some great points. The phrasing of the question is important, but all court decisions in the recent past still subscribe to the theory that truth is an absolute defense to any slander/defamation charge.
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| Posted: Sun Feb 21st, 2010 03:28 am |
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5th Post |
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bhyder License holder
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thanks i will check the link. and yeah i am worried, im new to all this so its a learn as ya go thing for me. thanks again johnny/jj
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| Posted: Sun Feb 21st, 2010 04:47 am |
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6th Post |
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bhyder License holder
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What is trade libel ? Can an ISP or the host of the message board or chat room be held liable for defamatory of libelous statements made by others on the message board ? Is it mandatory that an ISP or message board host delete such postings that someone tells him/her are defamatory ? After reading over the above, jmho its to big of a risk to take. but how do so many other websites get by with it ? im still not satisfied, this is gonna take a little more time and planning. thanks again johnny/jj
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| Posted: Sun Feb 21st, 2010 04:55 am |
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7th Post |
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Devans License Holder 
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To me it seems like it is less of a risk. The way I am reading it is that the board owner is not liable for anything said by a 3rd party.
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| Posted: Mon Feb 22nd, 2010 02:05 am |
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8th Post |
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bhyder License holder
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true but then again. it depends on who ya wanna ummm make mad. jmho i wouldn't want to make the people who advertise on my website mad. lol but as of now we don't have any paying customers. we do get a lot of hits from exchange links from other websites/business's, and as a growing forum we need all the hits we can get . but i guess if ya word the poll questions right and do away with the comments it would be ok. say just allow them to vote in the poll only. i doubt that is really what they want but its better than nothing right ? lol am i being paranoid, i guess it has a lot to do with the type of person i am, iv always been the type that it drives me crazy to know iv made a mistake or made some one upset. even tho they may deserve it.
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| Posted: Mon Feb 22nd, 2010 05:00 am |
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9th Post |
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Devans License Holder
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I understand what your saying. We have a review forum on our site. Some of the reviews are bad, but I watch them carefully to remove anything that is to bad. We also have several large Goldwing part distributors as sponsors on the forum and I did advise them all, before they agreed to sponsor, that there was the potential for a bad review. They all said they were fine with it and actually welcome comments on their business. The good thing is that if they do get a bad review, which none have by the way, they are members of the forum and can easily rebut or give reason for whatever the problem was. I personally feel that with them being members, sponsors, and distributors it kind of gives the members a slight advantage when ordering from them. 
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| Posted: Tue Feb 23rd, 2010 06:06 am |
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10th Post |
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bhyder License holder
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I checked ur review section, very nice Thing is we are so small and i really don't have anyone that is dedicated enough to monitor a review section as required. Im thinking if the group will go for it, maybe just do a poll question review for each supplier / website that the group feels is needed. and leave no comments, just vote in the poll and rate the supplier. idk yet lol.
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| Posted: Tue Feb 23rd, 2010 08:42 pm |
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11th Post |
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javal License holder
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This should encourage you bh. Sometimes the "suer" ends up the loser: MagicJack sued BoingBoing for defamation after they had the gall to criticize the gadget maker's EULA, and the blog has won, to the tune of $50,000. BoingBoing argued that the user agreement gave MagicJack the right to analyze the calls of customers using its USB dongle device. The device allows users to make cheap calls over VoIP. BoingBoing fought back, and won. The judge tossed the defamation case after the blog's successful anti-SLAPP motion, and MagicJack was forced to pay the blog's legal costs, to the tune of $50,000. It's safe once again to talk about consumer products even if the company hasn't paid you to do it. Here's the section of the EULA that got the party started: "You also understand and agree that use of the magicJack device and Software will include advertisements and that these advertisements are necessary for the magicJack device to work ... Our computers may analyze the phone numbers you call in order to improve the relevance of the ads" MagicJack dials wrong number in legal attack on Boing Boing [BoingBoing] MagicJack Legal Documents [BoingBoing] MAGICJACK'S EULA SAYS IT WILL SPY ON YOU AND FORCE YOU INTO ARBITRATION [BoingBoing Gadgets]
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