Train Speak

I know courts and judges are not terribly tolerant of such lawsuits unless actual damages can be proved ("Your honor, after she posted those vitriolic comments online, by business dropped by 40% and customer cited her as the reason.") but your point is very well taken, particularly as some people really do let their enthusaism or ire for a manufacturer get out of hand.

 

As Joe Friday said: "Just the facts." 

At some point in the future this type of litigation is almost certain to become more commonplace, especially after sufficient case law is established covering cases in which the plaintiff prevailed.

 

And the "beauty" of the Internet, depending on your perspective, is that just about anything you ever posted there is still available to be dug up and used to support or dispute a legal action.

 

I read a fairly detailed account of this particular case elsewhere online a few days ago, and if the report I read was accurate, I hope the contractor prevails.  I'm all for holding people responsible for the consequences of their words, regardless of where those words are "spoken."

I'm all for holding people responsible for the consequences of their words, regardless of where those words are "spoken."

do people really take online user reviews seriously?  i'm more suspicious of contractor's relatives leaving tons of great reviews.  Angie's list is one of the biggest scams of all time.  people actually pay to read those lies?  good luck.

I have personal experience with Angie's List.  A good friend obtained his roofing contractor through the list, it was a fiasco from start to finish!  I don't put much stock in those services.

my wife is big in the online reviews. every time we go out to eat somewhere new, she always has to look it up on urban spoon....

I take online personal reviews with a grain of salt anyway. 

 

Rusty

 

 

I last subscribed to photography magazines back in the days of film photography.  I don't recall which one it was, but one of them responded to a reader's letter inquiring as to why they never published a bad review, the answer being that if the magazine found a product to be wanting, the review did not get published.

 

Later on I had a run as a product tester for a R/C Airplane magazine fashioned along the lines of Consumer Reports.  This particular magazine was famous for being completely truthful in its reviews, and later paid the price by losing enough advertisers that they were put out of business.

 

My job was to assemble the kit, fly the airplane, and describe the experience in a freewheeling and humorous style.  Since I was allowed to pick and choose what kit, I selected brand new models from manufacturers and designers who had been around a while, and whose products usually were successful.  By so doing I was able to dodge testing a kit that might have been absolutely lousy, although I never did find a model with no "jeers."  Still haven't, but without exception contacting the manufacturer has resulted in at least an adequate resolution.

 

One of the great things about this forum is the feedback from "real world" modelers.  My advise to people who receive a product that is disappointing for whatever reason:  Don't publish an opinion until the manufacturer has been contacted and given an opportunity to correct any problems, and don't post a review while you are angry.  Look out for that "send" button, sometimes it can bite you in the butt!

 

Pete

Good points Pete, any manufacturer can have a bad day, or a bad lot at times.

Once again, Texas Pete, I find your viewpoint to be good advice. It's been said, hasn't it, that everything we have posted - anywhere - is always going to be "out there" somewhere, available for use by somebody.

Frank, Moon's son.

I suppose some do, but I sure don't.  For the most part, online review are pretty much meaningless because they often reflect the reviewer's personal bias and may even be bogus (as many restaurant owners are discovering).

 

Read them if you care to, but be very careful about taking them to heart.

Defamation is an interesting cause of action as in most situations, you have to prove some actual damages. However, in some jurisdictions (probably many) there's an acronym that describes where the court presumes there are damages -- "CLUB." It stands for "Crimes/Criminal activity", "Loathesome diseases", "Un"-chastity of women and "Business practices." The last one is where NBC got nailed over the "exploding GM pickup trucks and the aforementioned Yelp/Angies list posting. You just have to prove it's false and you're done (or more importantly, the party who slandered/libeled you is done.) The key is that it has to be proven to be false. If your engine goes up in smoke, it's hard to dispute that, but if you claim the entire product line is defective based on one incident, you start treading on thin ice. Personal attacks on-line can have consequences beyond hurt feelings.

Now, what is that going to effect reviews as in OGR and CTT?

A review is an expression of someone's personal experience at a particular moment. This is why a professional review will be in terms of the meal he/her was served or the particular product that is being reviewed. Most would be careful to differentiate between and example and evidence. It is hard to prove a subjective to be incorrect. Plus unless you have a lot of assets, like a Broadcasting company, and have the ability to influence a large audience, it is unlikely that anyone is going to sue you or litigate. And a hobby manufacturer is unlikely to do so to a customer because they realize they have nothing to gain and the potential to tick off other customers. True or not, most people feel it is there constructional right to spew their frustration in any direction they want without consequences. Slander suits are for people/ corporations with deep pockets with a lot to lose if their public reputation gets tarnished.

Please pardon the unusual amount of typos and bad grammar in last post. Auto fill gone haywire. FMH

They went out of business.  Too honest.

 

BTW, I feel like OGR does a pretty good job with its reviews.  A little dry, but fair.

 

Pete

They still make photo film.  I think it does a better job of recording pics than electronic stuff.

Well then Allan, why should we be buying subscriptions to OGR? If we can't believe what you print, what's the use? Merry Christmas Virginia!