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Hi Avid Readers I have an apology to make unfortunately! The long awaited review/shootout of DeVries Vs ESP has been delayed due to some legal advice being sought. Those of you within the Melbourne/Australian music scene may or may not understand why this is so, so I will attempt to explain the situation to the best of my ability. http://www.theage.com.au/technology/technology-news/online-forum-trolls-cost-me-millions-filmmaker-20090715-dl4t.html?page=-1
Basically, the owner/moderator of a forum has been sued by a Sydney filmmaker for millions for allowing forum members to post comments on the forum that the filmmaker regards as being defamatory, and which he says lost him some very lucrative contracts.
It's impossible to tell whether or not the litigation has merit, it is what I would consider and have been advised is a "test case" but what is becoming increasingly clear is that some people will sue over what is said about them online.
What is particularly concerning about this case is that it appears that the filmmaker sued not because the forum moderator refused to delete the offending posts (which was basis of another case that was going on re: Whirlpool not long ago), but because the posts were there at all. In essence what the filmmaker is arguing is that forum owners/moderators are akin to newspaper publishers and therefore responsible and liable for whatever is posted on their forum. I personally hope that argument fails, as that would be silly but lawyers are lawyers, and they will do these things.
If that were upheld, then that would be a worrying development and a major risk for people in my position.
Thus the unfortunate situation where I, a person who has carried out a legitimate review and shootout, is in a situation where due to the words "legal action" being spouted around on other forums and locations would do best to cover myself and run this past the defamation lawyers. Therefore I do apologise for the delay in this situation, it is an unfortunate side-effect of the litigious society that has been created. I do warn all posters on the forum, that any potentially offensive statements about the luthier in question appearing on either the forum, or as a comment to the story will not be tolerated under any circumstance, if you wish to have this kind of activity, please take your comments through another avenue, our moderators have been notified about this, ramifications include warning, temporary suspention of account, or in the most extreme circumstances, permanent IP ban. The review will be live sometime on Monday once we recieve the all clear, I apologise again for having to go to this extreme, however the evidence is there, and this is a review that will potentially be read by thousands. Kind Regards and thankyou for your patience. Cameron Holmes Admin |
