topic Re: Defimation of character in Selling

Re: Defimation of character

case_cover — Thu, 27 Sep 2012 15:56:17 GMT

Right, I now have solid ground for defimation of character against ebay and any buyer that has left negative feedback whether it be in the positive, neutral or negative feedback check box.

Any one whom has previouslt contacted a lawyer willact as an indepented witness and is asked to please contact me.

thanks.

eBay beware Australian laws.

...... this just aint America.

Re: Defimation of character

davewil1964 — Thu, 27 Sep 2012 17:24:39 GMT

If you hate the place so much, why do you hang around?

I'd love to see anybody prove defamation if facts are posted. And feedback is the party's perception of the transaction.

You're right, this isn't America - they're far more litigious there. Although we are catching up.

Re: Defimation of character

patchoo78 — Thu, 27 Sep 2012 22:42:34 GMT

If you're going to come in here and try to impress us with big words, you might want to learn how to spell them first.. *Defamation

Re: Defimation of character

*sparklz* — Fri, 28 Sep 2012 00:21:10 GMT

LOL pat.

Is that a match for number 10?

Re: Defimation of character

peternt2001 — Fri, 28 Sep 2012 00:35:50 GMT

OP have you throroughly read the terms and conditions and rules of ebay, and clicked you agree to these conditions to use ebay as a selling forum ?

Do these rules have set guidelines and rules for the use of feedback by buyers and sellers alike ?

Is there a dispute and resolution process that you can enter into if you feel that you have been left unjust feedback ?

I dont think you have a leg to stand on, taking someone to court for a civil case. Even if you did get it to court you would have to prove that you have been defamed and it has damaged your reputation and your ability to earn money from that reputation.

You have some big hurdles to overcome to be successful in court, and which court would you actually take this too, where did the defamation take place, in your state or the state that the buyer lives ?

But i am with the rest of the posters on here, if you dont like ebay , leave.

Oh by the way, if anyone can place a selling name to your posting name, that will be more detrimental to your selling than any feedback left for you. Maybe you should sue yourself for defamation and damage to your business.

Re: Defimation of character

curraone — Fri, 28 Sep 2012 00:40:21 GMT

Defimation

previouslt

indepented

aint

I respect your right to speak, but your inability to spell or laziness in using spell checker is downright annoying.

Re: Defimation of character

leader-of-the-band — Fri, 28 Sep 2012 01:03:24 GMT

Any one whom has previouslt contacted a lawyer willact as an indepented witness and is asked to please contact me.

gotta be a windup

maybe you could appear on Judge Judy :^O

I'd watch that

Re: Defimation of character

bsal6160 — Fri, 28 Sep 2012 01:09:59 GMT

Maybe I could start a law case against bad sellers and poor grammar?

Re: Defimation of character

rkwm888 — Fri, 28 Sep 2012 01:50:39 GMT

is this bloke teddie for real, i sell on both sites but i dont run any site down

if you dont like ebay leave and only sell on QS

Re: Defimation of character

flashback_deals — Fri, 28 Sep 2012 02:06:21 GMT

If you have such a big hate for eBay, posting on the boards is the wrong way to discuss legal issues with eBay, or don't you have the balls to confront them?

I would say you dont! Because you started a new ID just to stir up crap

Re: Defimation of character

badboybartie — Fri, 28 Sep 2012 02:12:34 GMT

Legally, it's not libal (written/published defamation) if the statements are true and correct. In other words, if a buyer leaves you negative feedback because they haven't received their item or it is not as described (for example), and you can't prove otherwise - you won't have a leg to stand on.

Re: Defimation of character

badboybartie — Fri, 28 Sep 2012 02:13:26 GMT

*libel

Re: Defimation of character

flashback_deals — Fri, 28 Sep 2012 02:32:36 GMT

I know a big seller who sells here, there and on their website.

On here they sell over 900 items a month, on there they sold 200 in 18 months which is not much at all

Over 18 months, this is 200 compared to 16,200

If you put everything into a business and just stay on QS, you will go bust quicker than you can blink

Re: Defimation of character

flotsam-jetsom — Fri, 28 Sep 2012 02:44:18 GMT

You are a very strange person - sorry, but you come here bad mouthing eBay all the time, then ask why we think you don't like the site? Then you tell us we are not sticking with it and giving it a go, yet you yourself are running off to another site, and trying to take others with you. The fact that there has been no positive response to this thread at all should surely give you the hint, that you are a complete fool and regardless of your long winded rambling (I chose the work rambling because it makes no real sense) you do not come across as being the full quid. You think you are dazzling us with your knowledge, when in all honesty I would have to say you are the dimmest witted person I have ever seen posting on here. Spelling and grammar aside, you are just plain boring

Re: Defimation of character

digital*ghost — Fri, 28 Sep 2012 02:45:46 GMT

teddie - you obviously know something the rest of us don't, therefore I would ask you to explain how and why a defamation case would be successful, rather than just insisting it can/will be. In other words, prove everyone else wrong, rather than insist (without substantiating the claim) that they are.

Also, with the existance of a feedback removal process via a defamation claim, perhaps you could also explain what laws eBay are breaking by A) allowing people to say what they want, but B) allowing people to defend against defamation and have such comments removed.

Re: Defimation of character

digital*ghost — Fri, 28 Sep 2012 02:51:39 GMT

it's not defamation, it's libel

Defamation encompasses both libel (written defamation) and slander (oral defamation).

Re: Defimation of character

badboybartie — Fri, 28 Sep 2012 02:54:47 GMT

Yeah, you're right - defamation is the description of the action, and slander and libel are mediums.

Re: Defimation of character

bsal6160 — Fri, 28 Sep 2012 02:58:28 GMT

Teddie my dear fellow,

The consumer laws in Australia are there to protect the buyer AND the seller. Go and protest outside Maccas if you like because you do have the right to do so. But the minute you interfere with other customers is when the law can act against you.

Also, if you look into the Australian Constitution you DO NOT have any legal right to free speech as it was never written into our rights.

Now onto the Feedback gripe you seem to have. Feedback is a policy of eBay that gives every person the ability to communicate their shopping experience, positive or negative, as do many other Traders across Australia. Now if all these traders thought as you do then a lot of consumers would be causing defamation against their company. But alas, such is not the case for the very reason that the company asked for the feedback. The same applies to all sellers/buyers on eBay, by agreeing the the terms and conditions of using the site. Sorry, but by you agreeing to these terms/conditions you waiver any right to hold eBay or the feedback giver to any type of slander/defamation case because the feedback is a personal perseption only.

Now we have that sorted out, lets look at the rights of eBay against you for continuing to cause threats of law action. This is an AUCTION site and thereby under the guidance of a different set of consumer laws. Unless you have the proof that eBay (or any other company for that matter) is actively encouraging others to single you out amongst the other 50-60 million users of eBay, they would have an extremely strong case against against YOU for defamation of the eBay company name.

All your Forum posts could be used against you to their defense of encouraging defamation against you and the table would be quickly turned against you for trying to discourage use of this site and also trying to encourage others to use a different site. That is against the law my friend, so tread carefully or bring the lawsuit to fruition, which i doubt would hold water in any court of law anyway.

If you like i can give you the phone number of Erin Brokovich....

Re: Defimation of character

flotsam-jetsom — Fri, 28 Sep 2012 03:18:25 GMT

Standing ovation bsal6160 - so very well said !

Re: Defimation of character

nawty_knights_inc — Fri, 28 Sep 2012 04:11:52 GMT

Not trying to stand out in the but I think teddie is saying it does interfere with other customers is when the law can act against you.

And there is some truth in that