At what point does a false BOI thread justify Libel? - FaunaClassifieds
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Old 11-04-2011, 09:32 PM   #1
Jesse Van Atta
At what point does a false BOI thread justify Libel?

Buyer starts BOI thread stating seller is a liar in the title and original post. Ultimately seller is deemed to not have been forthwith to buyers beckon whim, but NOT a liar. The thread is there for good, though, and likely will be damaging to the seller's business.

Is there any recourse at all? Have moderators ever pulled a spurious post against a seller when it was obviously unwarranted? Or it just is what it is?

And regarding the thread I'm referring to, what do most consider acceptable lineage papers?
 
Old 11-04-2011, 10:07 PM   #2
deborahbroadus
If someone tells me that they will do something, not only once, but twice (and they don't do it)...I consider them a liar. I may not tell the world that they are liars, but that's what my experience and instincts/intitution will be telling me. However, for a case to be made, the plaintiff (not the defendant) will have the burden of proving INTENT (to hurt the business) and Untruthfulness of the word according to the legal definition (not anyone's feelings.)

Lineage is MORE THAN THE PARENTS. A Parents only document is the "Pairing" that went into producing the current animal (to be technical).
 
Old 11-04-2011, 11:41 PM   #3
radera5
Quote:
Originally Posted by deborahbroadus View Post
If someone tells me that they will do something, not only once, but twice (and they don't do it)...I consider them a liar. I may not tell the world that they are liars, but that's what my experience and instincts/intitution will be telling me. However, for a case to be made, the plaintiff (not the defendant) will have the burden of proving INTENT (to hurt the business) and Untruthfulness of the word according to the legal definition (not anyone's feelings.)

Lineage is MORE THAN THE PARENTS. A Parents only document is the "Pairing" that went into producing the current animal (to be technical).
Exactly.
Jesse...let it go. I understand asking questions to clarify things but it seems as though you are truly bothered...
 
Old 11-05-2011, 12:26 AM   #4
Dennis Hultman
Quote:
Originally Posted by Jesse Van Atta View Post
Buyer starts BOI thread stating seller is a liar in the title and original post. Ultimately seller is deemed to not have been forthwith to buyers beckon whim, but NOT a liar. The thread is there for good, though, and likely will be damaging to the seller's business.

Is there any recourse at all? Have moderators ever pulled a spurious post against a seller when it was obviously unwarranted? Or it just is what it is?

And regarding the thread I'm referring to, what do most consider acceptable lineage papers?
Quote:
Have moderators ever pulled a spurious post against a seller when it was obviously unwarranted?
Unless the thread violated a rule, we do not make that determination. "Obviously unwarranted" is still subjective.

Quote:
At what point does a false BOI thread justify Libel?
Subject to individual opinion, unless you obtain a legal remedy in favor of that position.
 
Old 11-05-2011, 12:48 AM   #5
Dennis Hultman
Quote:
And regarding the thread I'm referring to, what do most consider

I will stop the quote right there to answer the previous questions in regards to that thread.

Some people on that thread agree that it is unwarranted as you. Some don't.
As a individual I or any moderator may have a position and express it. We may agree with you or not and even state it as individuals on the thread. In that respect, it still wouldn't be the position of the WEBSITE. Just our individual opinions.

Let's just state that we all agreed with you. If we deleted the thread for that reason, we would be opening the site up to liability for the decision.

Quote:
Rules for Posting on the BOI <-- REQUIRED READING!! (updated 12/30/09)
http://www.faunaclassifieds.com/foru...ead.php?t=8880
Quote:
I expect I will get a number of requests from people asking me to delete some message that someone else has posted about them that is rather unflattering. Bear in mind that I cannot, and WILL not be a judge in these matters. Your word will carry no more weight than the other person's word, whether I know you personally or not. All of these types of requests will be refused,
 
Old 11-05-2011, 05:22 PM   #6
hhmoore
Jesse - I moved your response to a new thread, because it was taken to a topic which I felt would get better discussion with a related title. I would have split your response, leaving half here, and half there, but I didn't want to make any changes to your post. My apologies for any confusion this may cause.
 
Old 11-05-2011, 05:52 PM   #7
JudyC
Quote:
Originally Posted by Jesse Van Atta View Post
Buyer starts BOI thread stating seller is a liar in the title and original post. Ultimately seller is deemed to not have been forthwith to buyers beckon whim, but NOT a liar. ...
Ultimately YOU have deemed him to be "not a liar"...but that is far from true about everyone who has read that thread. Who's opinions should count when it comes to determining if such a thread should stay or go? Why should yours count more than Deborah's, for instance?

Yeah...it sucks to have unwarranted threads show up on the BOI. But at what point a thread becomes warranted is up to a tremendous amount of personal interpretation. The integrity of the BOI stays intact BECAUSE the site does not judge these matters. It's up to the readers to do the judging.
 
Old 11-06-2011, 10:19 AM   #8
Jesse Van Atta
Quote:
Originally Posted by deborahbroadus View Post
If someone tells me that they will do something, not only once, but twice (and they don't do it)...I consider them a liar. I may not tell the world that they are liars, but that's what my experience and instincts/intitution will be telling me. However, for a case to be made, the plaintiff (not the defendant) will have the burden of proving INTENT (to hurt the business) and Untruthfulness of the word according to the legal definition (not anyone's feelings.)

Lineage is MORE THAN THE PARENTS. A Parents only document is the "Pairing" that went into producing the current animal (to be technical).
Ok, but this is between you and someone else. I think you have enougt sense to have established what you needed before purchasing. Ask for it in an email and save it for your records. Calling "liar" on a public forum should be a last ditch effort after all other avenues have been exhausted. This was not the case, as the term "Liar" only applies to the customer's unhappiness of the time frame he did not receive what was requested, and only clarified after the sale.

From what I saw of the OP in the thread, malicious intent was intended upon the seller. I agree proving libel or defamation of character would be near impossible and not worth the effort, but that is exactly what it is.

BTW Deb..... Do you live here? It really seems that way. Just curious. I hate to compare you to Chris the troll, but there are some strong similarities. You just seem a little more methodical, and a little less warped.
 
Old 11-06-2011, 10:29 AM   #9
Jesse Van Atta
Quote:
Originally Posted by radera5 View Post
Exactly.
Jesse...let it go. I understand asking questions to clarify things but it seems as though you are truly bothered...
I am bothered. This was someone's livelyhood. And you roll eyes.

My questions here were legit, and Dennis did a great job to answer them. I completely get the stance of the website.

I also get your stance as well. Anything Deb says gets a big .

Do you guys have matching "Fauna Police" t-shirts? I suggest one for everyone in your little club.
 
Old 11-06-2011, 10:40 AM   #10
Jesse Van Atta
Quote:
Originally Posted by JudyC View Post
Ultimately YOU have deemed him to be "not a liar"...but that is far from true about everyone who has read that thread. Who's opinions should count when it comes to determining if such a thread should stay or go? Why should yours count more than Deborah's, for instance?

Yeah...it sucks to have unwarranted threads show up on the BOI. But at what point a thread becomes warranted is up to a tremendous amount of personal interpretation. The integrity of the BOI stays intact BECAUSE the site does not judge these matters. It's up to the readers to do the judging.

Everyone's opinions count to themselves. Those walking away from that thinking the seller did wrong have that right, just as I have the right to think otherwise. Take away the mass of discussion on the subject matter of the thread, and you are left with a bitter customer who posted with malice over something that could have been remedied easily. Now most will see a HUGE thread about the seller, and many will assume bad guy without even reading: OP's mission accomplished, and corraberated by many, including myself with nothing more than discussions that belonged here.

I get keeping it there regardless, though. Thanks for your response.
 

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