chompsmcgee
New member
I think FCB members should sue each other when they get into arguments...
*Trolling for my 100th post! Woot!*
*Trolling for my 100th post! Woot!*
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Drop a Neg get sued?
- Thread starter Labratt21
- Start date
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Russ S.
New member
There wouldn't ever be anyone online, we'd all be in court!chompsmcgee said:
pigskincardboard
New member
This'll be interesting to say the least, mainly from the eBay side of things.
I wonder what stance they'll take after pimping the crap out of "anonymous rating" system.
Let's say the guy gave 1s across the board. Those one's come with statements that you're legally agreeing to, upon pushing submit. Most people see the act of giving 1s as just an act of retaliation, but obviously it can have consequences.
When you look at the statement and assume that he gave all 1s (someone look up what the actual statements are) it's not hard to tie them in as defamatory comments.
eBay is also always yapping about strong feedback being fundamental for sales, so honestly, i doubt it'd be difficult to prove that his future sales would be affected. Furthermore, if he was dropped from some eBay Power seller club or his chances of attaining such a club were greatly affected; it just makes you go hrm.
But as I said, if eBay starts giving away that information I'd imagine that the buyer would actually have recourse.
I'd be interested to see who actually owns the comments, because if they're personal in nature ebay, like every other internetz company, would attribute them to the person that left 'em. However, as eBay's policies are so strong tied to them, you could argue endorsement and ownership of the comments.
As trivial as the case seems, it could actually find itself being very important down the line.
I wonder what stance they'll take after pimping the crap out of "anonymous rating" system.
Let's say the guy gave 1s across the board. Those one's come with statements that you're legally agreeing to, upon pushing submit. Most people see the act of giving 1s as just an act of retaliation, but obviously it can have consequences.
When you look at the statement and assume that he gave all 1s (someone look up what the actual statements are) it's not hard to tie them in as defamatory comments.
eBay is also always yapping about strong feedback being fundamental for sales, so honestly, i doubt it'd be difficult to prove that his future sales would be affected. Furthermore, if he was dropped from some eBay Power seller club or his chances of attaining such a club were greatly affected; it just makes you go hrm.
But as I said, if eBay starts giving away that information I'd imagine that the buyer would actually have recourse.
I'd be interested to see who actually owns the comments, because if they're personal in nature ebay, like every other internetz company, would attribute them to the person that left 'em. However, as eBay's policies are so strong tied to them, you could argue endorsement and ownership of the comments.
As trivial as the case seems, it could actually find itself being very important down the line.
Bob Loblaw
Active member
sportscardtheory said:
Okay, so that part you are correct on (I didn't doubt you, you just didn't initially seem to be sure).
Now how can you explain precedent? People leave negatives ALL THE TIME on eBay. What gives this guy the right to sue over it? Do you really believe a judge would allow this case to be heard when the seller puts himself in that situation and agrees to eBay's terms that people can leave negative feedback if they aren't happy with the transaction? He should be suing eBay if anything (not saying that I think he should).[/quote:70ycuh0t]
Anyone can sue anyone for anything. He got the guy to drop $7k. That alone is a victory. I'm sure that a judge would dismiss this case, and the defendant, shouldhe have subjected himself to Florida personal jurisdiction, should have filed a motion to dismiss for failure to state a cause of action and damages...
ChasHawk
New member
Correct me if I'm wrong Jeff, but he's suing for defamation right?
You can't sue someone for dropping a neg. As far as I can see, this case has nothing to do with negative feedback, but rather the comment associated with it.
You can't sue someone for dropping a neg. As far as I can see, this case has nothing to do with negative feedback, but rather the comment associated with it.
Bob Loblaw
Active member
Well, again, you can sue anyone for anything. And the comment is worse on eBay as that's permanently attached to his "seller rating" vs being posted on, say, FCB. It does have something to do with negative feedback.chashawk said:
pigskincardboard
New member
Jeff, gimme your thoughts on eBay's liability to maintain truthful and accurate ratings if they're to be used as anything other than user feedback.
