Lawsuit threat for Slander
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From: Queen City, NC
Originally Posted by tnrsxs,Dec 21 2006, 08:35 PM
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From: Daygo
They can sue you for anything, but they won't win a slander lawsuit.
Slander only applies to saying untrue things publicly.
Libel applies to saying true things that are not accurate (yes there's a difference) for the purpose of defaming.
Leave the pics up, and tell them they have the very special opportunity to prove they're as good as they claim their name to be. You offer them the chance to come fix their work, and in exchange you'll post nice pictures and happy stories about how they satisfied you as a customer.
Slander only applies to saying untrue things publicly.
Libel applies to saying true things that are not accurate (yes there's a difference) for the purpose of defaming.
Leave the pics up, and tell them they have the very special opportunity to prove they're as good as they claim their name to be. You offer them the chance to come fix their work, and in exchange you'll post nice pictures and happy stories about how they satisfied you as a customer.
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From: USSA
Originally Posted by Saki GT,Dec 21 2006, 09:34 PM
Haha, this outfit does NOT have a legal department. If they call you back, threaten to sue them for harrassment. Hell, threaten to sue them for shoddy work.
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From: Albuquerque, NM
whoa dude,
what kind of a fencing company uses pre-fabbed sections and lets a 3rd grader assemble them??? I'd be surprised if their "legal department" sends you a letter that isnt' written in crayon.
what kind of a fencing company uses pre-fabbed sections and lets a 3rd grader assemble them??? I'd be surprised if their "legal department" sends you a letter that isnt' written in crayon.
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From: Maryville, TN
Originally Posted by Will,Dec 22 2006, 12:39 AM
whoa dude,
what kind of a fencing company uses pre-fabbed sections and lets a 3rd grader assemble them??? I'd be surprised if their "legal department" sends you a letter that isnt' written in crayon.
what kind of a fencing company uses pre-fabbed sections and lets a 3rd grader assemble them??? I'd be surprised if their "legal department" sends you a letter that isnt' written in crayon.
Funny....
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From: Toronto, Canada
Nice work man!!
Legally they are idiots (they might be idiots at carpentry too from the looks of it). Libel/slander is almost totally impossible to sue for. What you are doing is practising your 1st amendment right to free speech. That's not the same thing. To prove libel they must prove what you are saying is both untrue and damaging. For example if you call me gay I cannot sue because I can't prove beyond a shadow of a doubt that I am not. How do you prove the statement is false? It's not possible. If the photos are real there is no libel because they are true. If you took photos and doctored them and they could produce the original unretouched photos in court they would have a case. Again something which can't be disproven, legally, can't be liable or slander, it's free speech. The onus of proof is on the plaintiff. They need to prove your pictures or account is untrue not the other way around.
Tell them they can buy your website and the photos if they want them.
Legally they are idiots (they might be idiots at carpentry too from the looks of it). Libel/slander is almost totally impossible to sue for. What you are doing is practising your 1st amendment right to free speech. That's not the same thing. To prove libel they must prove what you are saying is both untrue and damaging. For example if you call me gay I cannot sue because I can't prove beyond a shadow of a doubt that I am not. How do you prove the statement is false? It's not possible. If the photos are real there is no libel because they are true. If you took photos and doctored them and they could produce the original unretouched photos in court they would have a case. Again something which can't be disproven, legally, can't be liable or slander, it's free speech. The onus of proof is on the plaintiff. They need to prove your pictures or account is untrue not the other way around.
Tell them they can buy your website and the photos if they want them.