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Host defamatory content [Need urgent help]

Discussion in 'Web Hosting' started by kobra, Dec 17, 2010.

  1. kobra

    kobra Registered Member

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    I published an negative review about free trial scam diet product (UK company) My site was previously hosted with a UK server provider. But the "con" hired lawyer to send legal notice to hosting comany. So I received abuse report from my host and so I moved my site to American host.

    But after a week con's lawyer sent notice to my American host too!

    The alleged company is a proven free trial scammer. There are 1000's of complaints floating on the internet.

    Now I want to know where can I host these type of content. I'd prefer an American host; fine with any other suggestions and recommendations.

    One more question.

    Can a UK company file a legal suit against American company at London high court? Is it valid?
     
  2. dvno879

    dvno879 Regular Member

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    Occupation:
    Hustler...
    Location:
    Behind You...
    I am not a lawyer, so this isnt legal advice, but I doubt they can sue you. They would have to know who you are and know your full address and name, and go to your state that you live in, file a civil dispute with your township or whatever, and then you will get a official court order in the mail.

    If anything, you stand a high chance of fighting them off as well. They can only sue you for punitive damages, such as the money that you made so far, and any and all threats they used against you can be used against them as well.

    I had a problem like this as well, so what I did was host the website on my own server aka, my own computer. You can do this really easily and quickly. Just download WAMP, and point your IP address in your godaddy to your current IP address for your domain name.

    THE END.

    They cant do shit, but again, not a lawyer and no legal advice. :)
     
  3. Cloaks

    Cloaks Regular Member

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    Do not host your site on your own computer. First of all, it's a big mess, and second, you'll be opening your computer up to the world. This is a bad idea, trust me. If someone finds a simple vulnerability in your web site, all your logins and credentials along with your good marketing ideas and site management login might suddenly be gone. Also, it would be too easy to track you down. And also, if you get enough visitors, your internet connection won't be able to handle it, and neither will your computer.. And did I mention how easy it would be to DDoS you?
     
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  4. kobra

    kobra Registered Member

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    Thanks for your reply. The problem is they are not threatening to sue me. They are threatening my web-host to remove the content!

    I'd be more than happy to fight with them had they threatened to file a suit against myself in my location.
     
  5. paincake

    paincake Power Member

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    Home Page:
    Search google for bulletproof hosting
     
  6. Cloaks

    Cloaks Regular Member

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  7. dvno879

    dvno879 Regular Member

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    Occupation:
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    Its not a big mess. What are you talking about? Its really easy to do and fast. Also, you obviously just host that one site in question. Not all of your sites. Also use diff password for that site.

    Easy as can be. Also I doubt his site will be getting thousands of visitors each day.. lets be realistic.
     
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  8. Cloaks

    Cloaks Regular Member

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    The risk of DDoSing
    Power costs
    Cost for buying a new computer sooner because yours won't last as long when on forever
    The risk of getting thoroughly hacked because you use faulty software for your site
    Opening up your personal computer to the whole world
    Your computer being slower because of visitors
    Requires fast internet connection
    The ease of being tracked down because of your personal IP being so easy to find

    I think that's enough reasons already. Let's be realistic, everyone's using shared hosting and so should this guy, if using your own computer as a server was as risk-free as you make it sound, nobody would be using HostGator and so on.
     
  9. aftershock2020

    aftershock2020 Senior Member

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    Yes, they can sue you and as it is a civil action, if you aren't in the country, you will have to go their in your defense or forfeit the case, just like in the US.

    As for proper action to take, stop posting the public content and file a legitimate claim with the bbb and ftc, as they are both international and don't take scam claims lightly.

    If you keep hosting and posting, you are going to become the one that the law comes after, as they have clearly filed a ' cease and desist ' request against you with your hosting company and under international consumer privacy laws, as well as laws of false persecution, which are posting ' liable ' claims of hear-say situations against another part for public judgement is against most countries rights to a fair trial. Hense why cease and desists letters are taken VERY seriously.

    If you continue to post the content in question, and most of whatever action they are taking against you is pushed, you could end up on the wrong side of this, as a risk to the company's livelyhood, which is a ' depervation of trade ' and ' dafamation of character '...which again, outside of an official legal claim, can be disputed.

    If you continue that line of action, you could eventually have a restraining order put against you, which in this case, would be filed as a gag order to prevent you from publically speaking about the company in question or face immediate legal action. It sounds far fetched, I know but it does happen.

    A lady in the UK filed such a claim against a man in Germany due to his posting how great she was in bed on his facebook account and she never made the weekend date he bragged about due to calling it off after being sick in the hospital. There are countless cases of these actions flipping.

    Beware and file the claim legitimately with the proper authorities so that they can monitor the situation and complaints through their investigation process. It may take a while for the company to get what they deserve, if found guilty but it will happen if they are.

    Do the right thing and get yourself out of that drama so that it doesn't come back on you with a simple little side step you or the other party make in the wrong/right direction.

    Best of luck with it.



     
  10. welshman

    welshman Power Member

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    Aftershock2020 is correct. They can sue you in court, and you would be given the choice of attending, or if they did not know your full details, would try the case in your absence, which would mean no defence and they would win.
    Just collect the data and forward to the relevant authorities.
     
  11. ExtraWinner

    ExtraWinner BANNED BANNED

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    Thanks Cloaks.

    Cobra, we can help AND we have 48 hours 50%OFF sale - PM sent.
     
  12. thevil

    thevil Junior Member

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    Alot of hosts should provide hosting to you. There are alot of sites that give fair use reviews on products and services. paypalsucks, ebaysucks etc... for one. They have been in trademark hiatus permanently now with the domain owners winning the battle.


    Defamation is the characterization of a certain type of fault regarding defamation, where the publisher made statements knowing that they were false, or acting with reckless disregard for the truth of the statements. In your case would be a review and under fair use doctrine should standup in court.

    A couple of things you need for a 'fair use' argument are;
    forums and guestbooks are required IMO. You need to be able to let others have their say so in their reviews as well.
    A fair review (No vulgar words, naked pictures of the owner, etc...)
    Always respond to the WIPO complaint or threat letters from the lawyers.

    Reminder, this only refers to "review type sites", such as saynoto<company>.com, <company>scams.com, etc...

    Attorneys are there to bully you into submission.

    The law states
    See Cal. Civ. Code ยง 45. Company must make claims for statements that are simply disparaging. Company must also establish, by clear and convincing evidence, that the statements were made with knowledge that they were false or with substantial subjective awareness that the statements were probably false. Global Telemedia International, Inc. v. Doe, 132 F. Supp. 2d 1261, 1267 (C.D. Cal. 2001)

    You are engaging in consumer criticism, and no reasonably prudent user of the Internet would believe that your website is sponsored by the suing company.

    See Bally, 29 F. Supp. 2d at 1165 n.2; see also, e.g., Lucent Technologies, Inc. v. Lucentsucks.com, 95 F. Supp. 2d 528 (E.D. Va. 2000) dismissing cybersquatting complaint against operator of lucentsucks.com); Lockheed Martin Corp. v. Parisi, WIPO Case No. D2000-1015 (2001) (refusing to transfer the domain names lockheedsucks.com and lockheedmartinsucks.com);