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  #21  
Old 05.12.2013, 09:40
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Re: Threaten by company on legal action against posting on EF my bad experience with

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I thought truth is not a defense in CH, deformation is deformation.
Same with references, you can't describe someone as an incompetiant idiot ever if they are.
Autocorrect fail. Seriously dudes, if you're going to comment on this post, either offer some sound advice or blatant BS. This wishy washy stuff just causes more confusion.
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  #22  
Old 05.12.2013, 09:42
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Re: Threaten by company on legal action against posting on EF my bad experience with

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Ok, Columbo, let's make up an example. I'm unhappy with a cleaning company, let's call them, I don't know, gunstigcleaners.ch. Now I make up a new profile, on a public computer in an internet cafe, log into EF with this new profile and start telling the world what a bunch of assholes this company employs. Clear cut deformation. Now how on earth would a) they be able to prove who wrote such slander and b) use a single post on an internet forum by an unknown user as permissible evidence in court.

Given the tone of your post, and the ginormous head that you obviously have, I've a good mind to do the above just to prove you wrong.
Easy-
they track the IP to the internet cafe and check the registry or any CCTV camera they might have-
Additionally depending on how much willpower and resources they have, they might also get witnesses and all that. Fair enough it's unlikely-

Obviously they are easy ways to cover your tracks and make their work difficult. But that's not the topic isn't?`


PS: I love Columbo but i'm affraid it's unrelated to the topic, Columbo was a fictionnal detective investigating crimes. Nothing to do with Cyber Security,
computers and all that.
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  #23  
Old 05.12.2013, 09:43
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Re: Threaten by company on legal action against posting on EF my bad experience with

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Ok, Columbo, let's make up an example. I'm unhappy with a cleaning company, let's call them, I don't know, gunstigcleaners.ch. Now I make up a new profile, on a public computer in an internet cafe, log into EF with this new profile and start telling the world what a bunch of assholes this company employs. Clear cut deformation. Now how on earth would a) they be able to prove who wrote such slander and b) use a single post on an internet forum by an unknown user as permissible evidence in court.

Given the tone of your post, and the ginormous head that you obviously have, I've a good mind to do the above just to prove you wrong.
The problem is the OP admitted to them he wrote the post.
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  #24  
Old 05.12.2013, 09:47
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Re: Threaten by company on legal action against posting on EF my bad experience with

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that's not defamation.

There is nothing that could be defamation in the OP's complaint.
I haven't said there is in the OP's complaint-
I'm just saying to proceed with caution.

Now a good and relevant question: who are you to judge that?

Are you the judge?
Certainly not, so again- If B can prove in court in any way that B did not damage any lamp, then technically A have written willingly something false, committing defamation...

But let's stop this mini-debate here, i'm not qualified to comment on legal matters.
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  #25  
Old 05.12.2013, 09:50
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Re: Threaten by company on legal action against posting on EF my bad experience with

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Would you mind to keep the quotes to those who made them?
I don't need because I clearly mentionned it:

I was quoting Nil who said (among other things

Having a vision problem?
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  #26  
Old 05.12.2013, 09:51
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Re: Threaten by company on legal action against posting on EF my bad experience with

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Please help me to understand defamation.

If I write a negative review of a hotel in Tripadvisor, that's acceptable, but if I write a negative review of a cleaning company on this forum (and there are some poor ones out there), it borderlines being illegal?

It doesn't make sense.
Different formats, I think. TA is set up where you're going to review a specific company, and most people will just say things were disappointing, weren't good value for money, or they wouldn't go back. There are also rebuttal reviews of people that loved the business or service.

On EF, it's a more one-sided story. The complaints tend to have stronger words, like scam and fraud, which are more likely to draw attention and cause legal problems. There's rarely a rebuttal post that says hey, I LOVED these guys!

In OP's case, I think the initial complaint was not that bad, and the company is just trying scare tactics.
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  #27  
Old 05.12.2013, 09:51
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Re: Threaten by company on legal action against posting on EF my bad experience with

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I haven't said there is in the OP's complaint-
I'm just saying to proceed with caution.

Now a good and relevant question: who are you to judge that?

Are you the judge?
Certainly not, so again- If B can prove in court in any way that B did not damage any lamp, then technically A have written willingly something false, committing defamation...

But let's stop this mini-debate here, i'm not qualified to comment on legal matters.
In the context, the untruths (if they exist) would be libellous.
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Old 05.12.2013, 09:52
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Re: Threaten by company on legal action against posting on EF my bad experience with

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The problem is the OP admitted to them he wrote the post.
Yes yes yes, all true, and my post wasn't of great assistance the OP. My advice was based on my own sense of right and wrong. I read the feedback in the OP's other post, and as I'm a genuinely trusting soul, I believed it for what it was. If it were me I would still tell this company where to go, without regarding Swiss law, because it would be the right thing to do.
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  #29  
Old 05.12.2013, 09:54
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Re: Threaten by company on legal action against posting on EF my bad experience with

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In the context, the untruths (if they exist) would be libellous.
Fair enough I just looked at the definition it seems correct.

Libel, defamation, whatever else: OP don't want to be guilty of that.

That's all I am saying-
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  #30  
Old 05.12.2013, 09:58
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Re: Threaten by company on legal action against posting on EF my bad experience with

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and if i recieve a registered letter from their lawyer? what happens then?

p.s. i already replied them, that the story is true and i can prove it .
but i can offer them to delete the thread on EF. i was told if i offer this and they dont reply and still take action, this is a positive point for me.

and anything to say about this post?
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  #31  
Old 05.12.2013, 10:03
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Re: Threaten by company on legal action against posting on EF my bad experience with

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and anything to say about this post?
then you'd know that they believe they are right and may be prepared to take action.

I'm sure if they did that it would not go to a proper court but more likely a Friedsrichter who would try to mediate between you and the company.
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  #32  
Old 05.12.2013, 10:03
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Re: Threaten by company on legal action against posting on EF my bad experience with

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and anything to say about this post?
yes, "ouch".
Don't reply to them if you are not sure of what you are doing (legally speaking).
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  #33  
Old 05.12.2013, 10:07
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Re: Threaten by company on legal action against posting on EF my bad experience with

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yes, "ouch".
Don't reply to them if you are not sure of what you are doing (legally speaking).
Replying , gives them a case against you, just like talking to the police, it's a bad idea.
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  #34  
Old 05.12.2013, 10:08
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Re: Threaten by company on legal action against posting on EF my bad experience with

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If I were you and your story is true, then I'd write an email back to this guy kindly inviting him to go f**k himself.
The usual legally accepted way of doing this is to refer them to the reply given in Arkell vs. Pressdram. That should confuse a Swiss company nicely
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  #35  
Old 05.12.2013, 10:08
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Re: Threaten by company on legal action against posting on EF my bad experience with

Is it worth it? Are you going to gain anything from it?

Its far too much hassle, speak nice to a Mod get the threads deleted, move on and put it down to experience.

Its not worth the hassle or money.
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  #36  
Old 05.12.2013, 10:11
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Re: Threaten by company on legal action against posting on EF my bad experience with

my apology to OP for sidetracking from your post…..

Would somebody mind focusing on HIS case please? . If you're eager to help, please read his case first and provide relevant comments. Stressing the fact that you did not read OP case simple says you don't care too much to understand and it becomes a doubt if the answer is relevant.

Please do not play God or Judge to every others EF comments and giving so mean criticism to others to shut people's mouth off ! Whether they are good or bad, it's a matter of opinion and I'm sure the OP would appreciate and digest them and take what he thinks being right. All of us are just trying to help !

I admit that I haven't contributed in this case. OP's post just draw my attention because it could be quite common in a lot of other situations of my daily life. I, like the OP, am eager to hear "a lot of" different input instead of a single voice
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  #37  
Old 05.12.2013, 10:19
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Re: Threaten by company on legal action against posting on EF my bad experience with

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Given the tone of your post, and the ginormous head that you obviously have, I've a good mind to do the above just to prove you wrong.


I love waking up to this kind of stuff.
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  #38  
Old 05.12.2013, 10:20
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Re: Threaten by company on legal action against posting on EF my bad experience with

Please do not play god or judge other posts as well then!

Even if I did not read the OP's post my comments were related and relevant.

Who are you to judge that?
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  #39  
Old 05.12.2013, 10:21
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Re: Threaten by company on legal action against posting on EF my bad experience with

i have wrote to one of the Admins a private message to delete the post if they can. no answers yet. about the story itself, as i said its true and i have evidence. even in an email when their boss wrote me 3 months back to ask if i paid 750 or 600, i wrote him the whole story as it was (here in EF) in an email.
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  #40  
Old 05.12.2013, 10:28
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Re: Threaten by company on legal action against posting on EF my bad experience with

if i get the letter from their lawyer, whats next? any1 knows?
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