Linked by Thom Holwerda on Wed 1st Sep 2010 20:24 UTC
Legal Well, this was rather unexpected. As it turns out, Commodore USA's CEO Barry Altman isn't particularly pleased about the article I wrote earlier today in which I placed a considerable amount of scepticism with regards to Commodore USA and its business (and website). He (not his lawyer) sent us a threatening email demanding we take down the article, post a new correction article, the whole shebang. The entire email - as an image, you'll want the original formatting - after the break. Our reply? We refer you to the reply given in the case of Arkell v. Pressdram.
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"Reeks of massive con"
by charliefrown on Fri 3rd Sep 2010 12:53 UTC
Member since:

How can aspiring journalist make such a statement? You should bear in mind that "presumptio innocentiae" principle is a basis of virtually every contemporary law system. Therefore you can not even make any suggestive statements until proven in court. The risk of defraudation ("con") seems to be dead serious charge in business world especially in these uncertain days and it takes only a few words too many to make an impact on company's assets. To me (professional lawyer and OS News enthusiast) the only person who should perform 'reality check' is not Commodore's lawyer, but Thom Holwerda himself.

Reply Score: 1

RE: "Reeks of massive con"
by gus3 on Fri 3rd Sep 2010 14:16 in reply to ""Reeks of massive con""
gus3 Member since:

First of all, this isn't a court of law, and your invocation of "presumption of innocence" applies only in criminal cases.

Second, in the USA, the truth is an absolute defense against accusations of slander and libel, and since this site is registered by a USA corporation, CommodoreUSA must prove that Thom affirmatively stated a fiction as fact.

Third, Thom's opinion has been borne out by the reaction from CommodoreUSA. They have only themselves to blame for that.

Reply Parent Score: 1

RE[2]: "Reeks of massive con"
by rcsteiner on Fri 3rd Sep 2010 17:52 in reply to "RE: "Reeks of massive con""
rcsteiner Member since:

While Thom might have a good defense, at least here in the US, that doesn't make him (or OSNews, or whoever) immune from the expense of defending his statements in court if the company in question decides to press the issue.

Reply Parent Score: 2