The freedom of free speech or in this case opinion.

[winniliss Avid PP Poster! Find all posts View Profile Close winniliss]

The following link is in relation to alledged defamation against a camper trailer manufacturer and the action they have taken.

http://www.myswag.org/index.php?topic=31570.0

[JoshF Advanced Member Find all posts View Profile Close JoshF]

So by publishing the letter from the lawyers we all know which brand to keep away from, good advertising without breaking the lawyers demands. It works well for all

linked from the above post leads you to this letter

http://www.myswag.org/index.php?topi...seen#msg496070

[slimf Senior Member Find all posts View Profile Close slimf]

I would have replied with a big old 1 finger salute. No court order, no action.

[Madkore Avid PP Poster! Find all posts View Profile Close Madkore]

So when does opinion become defamation?

What tossers - take the good with the bad I say!

[Guest Close Guest]

Looks like the company is creating its own GFC.

[kav Avid PP Poster! Find all posts View Profile Close kav]

You are hearby forbidden to tell the truth and nothing but the truth . You shall not let customers know that our product is crap .

[John Member Find all posts View Profile Close John]

Madkore, Pretty much if anything you write about an individual or company aggrieves the third party (regardless of truth), you have to be prepared to prove it in court. Myswag was lucky that they were given 7 days to remove the 'offending' threads.

I've been in a similar situation with a prominent individual. I wrote some truthful facts (about personal experience) on another forum, and was taken to task within a couple of days. The unfortunate side of it is that he has deeper pockets than me, and to defend the truth in court (even if I won) would be pointless if I had to mortgage my house to pay for it. A successful outcome for me wouldn't hurt the individual in question anyway because of how long ago my experience ocurred.

In these days of people being obsessed with litigation, it's best to ask the question and invite replies by PM. That way you'll most likely get the info you're after, without causing any grief for the forum owner. As a respondent, I would just write "I don't recommend XXX Camper Trailers - PM sent" and leave it at that (send a PM). That way you haven't libelled yourself, and everyone else watching the forum knows to use caution when dealing with said company. This works reasonably well on another forum I frequent. Sure, it forces things underground to a certain extent, but at least it gets the word around. And that's what we all want

[D4D Addicted PP Member Find all posts View Profile Close D4D]

Purely an intimidation tactic, Whirpool had the same thing happen a few years go. Whirlpool won but it cost the owner $$ as costs were not awarded.

[r4ndll Avid PP Poster! Find all posts View Profile Close r4ndll]

I'm not a lawyer, but I'm pretty sure there is an 'Honest Opinion' and 'justification' defence as long as there is no malice or spite involved. The letter smacks of intimidation tactics. Eg Citing a google case with high damages awarded just to make a point. One wonders if the same letter got
sent to the original posters? The manufacturer may feel they have little chance against the posters so are going after the messengers (in my opinion).

But, litigation is a painful and nasty experience, and I can understand the response of the admins. Although the act of sending the letter, whilst protecting their clients from harm and loss of reputation, will just make most people wonder why they did it, what are they hiding etc, and ultimately make more people wary of using their products.

Consider the effects on suppliers reputations who have acknowledged occasional issues and done their best to resolve them. They look a lot better than if they'd slapped a cease and desist order.

[Bazza Senior Member Find all posts View Profile Close Bazza]

I'm actually surprised that a number of camper trailer manufacturers are still in business due to their shoddy construction. A lot of guys got into this game when camper trailers became more popular a few years ago, but it's like buying a second hand car, you need to check it over thoroughly before parting with your cash.
Bazza

[John Member Find all posts View Profile Close John]

Gidday Roo and r4ndll,

Both good info, but even though you might be posting facts (as I was when it happened to me), if the aggrieved person or company rattles their sabre, you have to be prepared to either withdraw or spend some (lots of) money to prove you're right in court. Even though I was factually correct and made a true statement (without opinion), he still came after me.

So I had to withdraw, even though I wrote the truth. No slander, rumour or innuendo - just factual information. The big end of town wins again.....

Roo, I'm sure with your expertise (particularly in the area of Toyota diesels) you would easily come up with good evidence to support anything you were to write about in order to support other forum members. But, the question remains: Would you be prepared (or financially capable) of defending yourself against an aggressor - let's say, Toyota, if you upset them? For example - The injector seal problem you've provided so much valuable information to us about?

The problem is - you're right, but it's who has the deepest pockets that wins. And that's where it's wrong......

[Beach Advanced Member Find all posts View Profile Close Beach]

Posting the letter and mentioning the name is a good tactic. You can't be threatened with libel or defamation for that.

Thats some great PR from the manufacturer!

As someone mentioned on that forum - its now the "Barbara Streisand effect".

A colleague is in the market for a camper trailer and I have sent him the links. He may not have got to the these people in his searching, but he definitely won't now.

[winniliss Avid PP Poster! Find all posts View Profile Close winniliss]

You can still view most of the threads in relation to this manufacturer. Go to google, type in GIC and press enter. Go to advance options (little star symbol or simliar on the right had side of the page) and for site/domain type in myswag.org and press enter. Now you will have a list, under the main heading you will have green writing, click on the down arrow, it will come up with cached, click on that.

In my reading I came across someone who received a letter from a manufacturer threatening legal action in relation to negative comments about them on a forum. The person hosting the forum censored the manufactures name in all posts. The manufacturer then stated in a letter not to censor the good posts. They were advised they cannot have it both ways.

As people have said before. If your product is good, you have good customer service etc your product will sell itself. Some advertising will help of course. If a customer has an issue with your product and you fob the customer off then expect criticism stating truth / opinion from a customer on a public forum.

Winston.

[The Alberto Member Find all posts View Profile Close The Alberto]

Good Advice Roo.

Co-incidentally, I am actually in the market for a camper trailer. I saw X Brand campers on a DVD, they looked good and appeared to go all the places I would expect. So visited their website and whilst IMO they are not the best looking campers around, they are certainly practical and seem like good value for money. I had read some negative comments on other forums, however I had also seen positive comments as well. I was confident that I had done sufficient research and that I would have been prepared to take a chance. I had not made a final decision yet as I wanted to see a few different models in the flesh before committing. I still have not made a final decision, but I can say with absolute certainty that reading this has turned me away from Brand X. As I said, I could deal with the negative forum comments that I have read - but any company that acts this way is not one I would want to be relying on for after sale service or support. Pretty disappointing really.

[D4D Addicted PP Member Find all posts View Profile Close D4D]

but any company that acts this way is not one I would want to be relying on for after sale service or support.

You hit the nail on the head, trying to use old world law to defeat the new world of social media is never going to work.