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Can Owners of Internet Message Boards Legally Get Sued......

Discussion in 'The Hokey Ass Message Board' started by hotrodladycrusr, Feb 18, 2005.

  1. hotrodladycrusr
    Joined: Sep 20, 2002
    Posts: 20,765

    hotrodladycrusr
    Member

    .....for it's members views, ideas and suggestions??? I'm still shaking my head here at work not believing what I'm reading. Choco posted this over on the RRT which then lead me over to the Australia site which I'm sorry to say I don't get a chance to visit as often as I'd like. I guess my question is could Ryan actually be held accountable for what you hoodlums post on the HAMB?? Any lawyers on the HAMB??

    Copied from the RRT: "For those of you who don't know, the Hot Rod Internet Bench Racing site (the primo Aussie rodders forum, a sprout of the RRT) has had its members threatened by legal action from none other than the National Director of the Australian Street Rod Federation. We have been having a robust discussion on ways to improve aspects of the ASRF, and our new director has taken offence to some of the things that we have said. Needless to say, the cowardly act of issuing writs against people making fair comment on an internet forum raises some serious concerns, especially when they are directed against the very people who employ this person! Not only that, but the guy who spends hours and hours of his own time and, more than likely, dollars out of his own pocket, to support the ASRF web site, an Aussie rodders forum and a card-carrying member himself, is the focus of the lawsuit.
    Brothers and Sisters, this is a sad day for rodding, indeed! I have been a passionate supporter of the ASRF for as long as I have been in rodding, and that's a long time, but my loyalty has been shaken to its roots. I'm happy to debate issues with anyone, and I'm happy to agree to disagree, even compromise, when wrong decisions are made. But this recent attack is a low act. How the heck can someone sue someone else for making comments on an internet forum? Is this what we've been reduced to?

    http://www.hot-rod.com.au/benchracing/index.php
    _________________
    <><><><><><><><><><><><><><><>
    Frank Choco Munday, Technical Author
    Hot Rod Handbooks
    1936 Plymouth Coupe, EFI 360
    Carburettors SUCK! "
     
  2. flatheadpete
    Joined: Oct 29, 2003
    Posts: 10,595

    flatheadpete
    Member
    from Burton, MI

    Crap. Pure Crap!
     
  3. wow. What could have possibly been said that someone could get sued over?
     
  4. kustombuilder
    Joined: Sep 18, 2002
    Posts: 7,750

    kustombuilder
    Member
    from Novi, MI

    i don't know about other countries but in this one you have the right to free speach. on the other hand you can pretty much try to sue anybody for anything. but that does'nt mean you'l win or that the case will even go to court. i think if that happened here it would be thrown out before it even went to trial.
    i'm no lawyer but i do watch Law and Order ALOT. :D
     
  5. hotrodladycrusr
    Joined: Sep 20, 2002
    Posts: 20,765

    hotrodladycrusr
    Member

    I think the thread was removed, or at least I haven't been able to find one that would be controversial. Here's what Greg, the owner of the site, posted this morning. (by the way, he is a HAMB member and a very nice guy)


    "I have just received a fax from McInnes Wilson, Lawers acting on behalf of Alan Tudman, Gwenda Tudman and Sharon Greenhill (their daughter) in a defamation order specifically about this post.

    I have been requested to provide contact details for some for the members of the forum and to provide a number of retractions otherwise I will be sued for $250,000 plus costs and interest for each.
    I have until the 25th of February 2005 to respond.

    I would ask at this time, in your own interests that you do not post any more comments here until this matter is dealt with.
    I will be now contacting each of the members listed in the defamation to seek their advice.

    The shame about all of this was there were 141 threads to this post and it was viewed 2187 times in just 9 days.
    _________________
    Yours in Rodding
    Greg Wapling
    The years have been kind to me, it's just the weekends that have done the damage."
     
  6. Ryan
    Joined: Jan 2, 1995
    Posts: 22,258

    Ryan
    ADMINISTRATOR
    Staff Member

    I've been threatened by lawyers before, but I have never backed down. As a result, I've never been sued...

    There was a pet message board that was successfully sued for defamation about 3 years ago. The ruling came because the admin setup a forum dedicated to flaming some aquarium manufacturer.

    I've always invited law suits... Hell, that's good publicity...
     
  7. DAAAAAMN! I think its time to remove this asshole from any leadership role,if not membership in their club , people talking about what is good or bad about a club , I see as a good thing you get a take on what is going right and what needs to be changed , time for a tire iron haircut for this dick,:eek: :mad: I don't do well with these kind of things ,prefer the face to face confrontation method ;) ,but it has cost me some time and will again I'm sure :D ,age does mellow one a LITTLE, but not that much :mad: ,now if its was a personal attack on HIS or HIS FAMILY's caracter (?) it would be something else, but to sue over statements about a clubs real or imagined faults is just plain WRONG.
     
  8. Slide
    Joined: May 11, 2004
    Posts: 3,021

    Slide
    Member

    Am I understanding this correctly? They were having a discussion on how to improve the ASRF, then the Big Kahuna of the ASRF sues the message board because people said bad things about "his" organization?
     
  9. The ND is paid $75,000 a year to "run" the ASRF he is not a Hot Rodder he was employed simply to manage the ASRF.

    HRI ASRF Forum ASRF Members Please read - Part 1-4 is the thread in question.
     
  10. Bob K
    Joined: Mar 3, 2001
    Posts: 5,772

    Bob K
    Member Emeritus
    from Antigo Wi.

    Jimmy:

    Can't get in to it, need a password.

    B:(B
     
  11. CURIOUS RASH
    Joined: Jun 2, 2002
    Posts: 9,635

    CURIOUS RASH
    Classified's Moderator

    That whole mess doesn't make sense to me, that dude surely didn't sway any opinions back his way acting like a twelve year old who got stood up for the church dance.

    I think RYAN better watch his ass, I hear the NSRA coming down the hall!

    I can see it now, as part of the plea bargain every HAMBer will have to have a cry baby doll on their cars at the HAMB drags.

    Just the thought of it makes me wanna puke!
     
  12. Hot Rod To Hell
    Joined: Aug 19, 2003
    Posts: 3,036

    Hot Rod To Hell
    Member
    from Flint MI

    Have I mentioned that I hate people?:(

    Yep, while there are exceptions to every rule, for the most part, I hate everyone.:rolleyes:
     
  13. Ryan
    Joined: Jan 2, 1995
    Posts: 22,258

    Ryan
    ADMINISTRATOR
    Staff Member

    The NSRA doesn't have deap enough pockets to fuck with me... And they are smarter than that...

    Heidt's comes to mind here... They've been under the gun on this forum a number of times and I get a little nervous every time it happens. Luckily, everyone has been fair and nothing has come from it.

    And that's the key - don't be kids about it. Don't name call just to name call. Stick to the facts and the truth will come out or at least an opinion can be based...

    And don't forget, you guys are just as liable as me!
     
  14. Django
    Joined: Nov 15, 2002
    Posts: 10,198

    Django
    Member
    from Chicago

    defamation, libel and slander are little hiccups in the freedom of speech rally cry that can come back to haunt you.
     
  15. Bugger!! :eek: Sorry, I forgot that part of the forum is only accessible to HRI members. must be the fact it is 2:30am here (too tired to think).
    I better not post it here in case of legal issues.
     
  16. Petejoe
    Joined: Nov 27, 2002
    Posts: 12,479

    Petejoe
    Member
    from Zoar, Ohio

    With the popularity of the Hamb recently, mostly because of the resurgence of the traditional styles and looks, its even makes us (all of Us) more vunerable.
    The amount of lurkers here is unbelievable on a daily basis.
    Sad but true, we must be careful what we say, and you young guys, be sure its true. That would be a hell of a way to start out your financial lives. With a 100,000.00 liable settlement. You can write off your hotrod building for your lifetime. ......... Free speech..... Yea right! . the old fuck PJ
     
  17. So,he is a legal eagal pencil pushin bean counter ,NOW it makes sense, no offense , to our lawyer members , but I think we're talkin about an ambulance chaser type here, sue just to sue , maybe he can score big:mad:
     
  18. Upchuck
    Joined: Mar 19, 2004
    Posts: 1,576

    Upchuck
    Member
    from Canada BC

    I ain't no lawyer thats for sure and I don't pick up much from Law and Order :) and I don't watch Judge Judy

    but how can a lawyer from any country rather than the one you reside in do anything? not like they got extradition laws to cover name calling:D and my off shore bank acct is suffering terribly:eek:

    I figure I can sit on my side of the fence and call PeteJoe a crotchety old fart all day long and nothing come of it:confused: :D J/K

    I don't figure I'd say anything except my opinion on something or make up a pack of lies to run a product down anyways
     
  19. marq
    Joined: Aug 22, 2003
    Posts: 1,423

    marq
    Member

    As i see it there can only be deformation on Either a person or a company,now i don't know what was said but i'm not sure speaking out about how a club is run would be classed as deformation unless someone has got very personal.If you are a member of said club you should have a right to constructivly critisise the person/persons who are running the club but if you have enough members of that club on the boardread the club rules and you may be able to remove that person by vote of no confidence and believe me it onlt takes a few,a substantial number say 50 could do it.As long as it does'nt get too personal you should be able to say what you like.As long as you dont say that person is a thief,liar,conman or anything like that you should be ok..................Marq
     
  20. Roothawg
    Joined: Mar 14, 2001
    Posts: 25,609

    Roothawg
    Member

    So much for your constitutional rights..........
     
  21. Ha, yeah I spent an hour on the phone with Gary. His first words to me were something like, "I discussed this with my lawyers, they think I have grounds here,,,etc" He didn't like some of the words I said here about the cause of the failures people have had with his product line and the way his company has delt with those problems. End result was the HAMB guy got his control arms replaced and I got a guarantee from him that he would help us solve future problems. It actually worked out quite well. If anything I wish he would get involved with his customer base on message board. I do, I try to frequent as many classic truck websites where my customers may lurk and try and help out as much as possible.

    Its just too easy to get frustrated and angry at someones opinion on a stupid message board. Actually takes effort to get involved and iron out differences.
     
  22. oldspeed
    Joined: Sep 14, 2004
    Posts: 897

    oldspeed
    Member
    from Upstate NY

    A while back I belonged to a sick group of people that once a year put on a holloween spook house. Two nights a year, the first night was kidde night and everyone was well behaved, the second night, adult night was a little different, not only was it scary it was a little sick minded fun , you know like dildos poking out from behid the black curtains spraying water on you went you went by stuff like that, all harmless and funny. The town has about 500 people in it and is for the most part poor, so all the money was donated each year to a needy family, some had a bout with cancer, some had a little bad luck, some had a fire, some just couldn't seem to pay the bills and put food on the table. Over the year this thing grew to the point people would come from god knows where but it would be contstant movement for about 6 to 7 hours and we raised between 10 and 12 thoudand dollars, again it all was donated.

    One year we had some out of towners come to adult night that did nothing but piss and moan about the things they were seeing, of course they couldn't tell who they were telling this to because it was so dark you can't see you hand in front of you face, and besides we are in costume. Well at the end of this spook house there is a slide made out of a large plastic drainage tube that spits you out on the dance floor where the band is playing and your invited to have typical drinks. One of these new guests is cautioned twice by the gouls at the top of th slide to take the stairs down, she's a little overweight and wearing a nylon jump suit. She refuses and put up quite a sceene and of course lands a little too hard and breaks her ankle. Now many of my fellow members are on the volenteer squads so she is rushed to the emergency room with everyone being as nice as possible. We of course take care of all expenses, and maintain contact with her for the next month or so to see if she is alright.

    You guessed it, we are sued as a group and all members for 1.5 million dollars for her pain and suffering and .5 million by her husband for lack of sexual activity. The short version is we all shit our pants for the next year until it settled for $100K and our insurance paid that and of course we had to disolve the group.

    So the moral of this long winded story is don't be surprised what a lawyer and an asshole can do, and for the most part it ain't good.
     
  23. Hot Rod To Hell
    Joined: Aug 19, 2003
    Posts: 3,036

    Hot Rod To Hell
    Member
    from Flint MI

    Thanks again for that!!!:)
    The new control arms work GREAT!:cool:

    Gary DID tell me that he read everything that was posted, and he appreciated me sticking to the facts, trying to find an honest solution to the problem, rather than just talking shit. Thanks again to you as well Gary...
     
  24. crazygutgut
    Joined: Feb 16, 2005
    Posts: 20

    crazygutgut
    Member
    from Nor Cal

    Defamation rules in the US are different than abroad. In the US you have to prove some one has defamed you. In Brittain, It is up to the person being sued to prove that they didnt defame the person.. its Ass Backwards. In brittan the step of "warning" or "cease and desisting" doesnt have to happen, you can just sue. Im not sure of the aussie rules. But here in the US, RYAN would not be accountable for what I say, he may be asked to give up my info, but he wouldnt be sued. If he set up a forum "WHY HYUNDAIS SUCK" yes, he would be "C&D" first, but could be liable for the posts...

    I get C&D all the time for my jesus the monster truck site...
     
  25. Petejoe
    Joined: Nov 27, 2002
    Posts: 12,479

    Petejoe
    Member
    from Zoar, Ohio

    Now how could anyone complain about a bikini baptismal font like this???

    [​IMG]
     
  26. crazygutgut
    Joined: Feb 16, 2005
    Posts: 20

    crazygutgut
    Member
    from Nor Cal

    I was contacted by Monter Garage, for the first "monster nation" segment. They wanted the baptisimal on the show. I was on the phone with the lunk-head prodcuer for a half hour explaining to her that it was NOT REAL, and a SPOOF site, She never got it. Eventually I just told her I wasnt interested..
    they emailed me the next day about the JESUS truck...
    Lunk Heads..
     
  27. Unkl Ian
    Joined: Mar 29, 2001
    Posts: 13,509

    Unkl Ian

    Is this the same new guy that sent surveys to 10% of the members ?




    I guess cheap intimidation tactics are a good substitute
    for developing credibility to hard way.
    By earning it.


    I see a new job in his future. ;)
     
  28. du$ty
    Joined: Jan 9, 2002
    Posts: 1,366

    du$ty
    Member

    Down With The Man!
     
  29. ray
    Joined: Jun 25, 2001
    Posts: 3,798

    ray
    Member
    from colorado

    cool, now that's my second favorite religous parody site, sorry, but it's tough to beat Landover Baptist!
     
  30. Scott
    Joined: Dec 23, 2004
    Posts: 2,773

    Scott
    Member

    Pardon my ignorance
    What is the RRT and how do I check it out?
     

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