| Companies use lawsuits to shut up critics all the time These types of lawsuits(SLAPP) are usually only effective against those without the financial capability to fight back. Magic Jack made a mistake by picking on someone with the money to defend themselves. |
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2 edits | Yes, TK Junkmail, clearly the lesson to be learned here is that Magic Jack just sued the wrong people, not that the suit itself was idiotic, or that trying to silence legitimate criticism usually backfires.  |
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1 edit | said by Karl Bode:Yes clearly the lesson to be learned here is that Magic Jack just sued the wrong people, not that the suit itself was idiotic, or that trying to silence legitimate criticism usually backfires. SLAPP suits work all the time. They rarely backfire as you say. That doesn't make it right; but it does make it a fact of life until some of the state anti-SLAPP laws are enforced vigorously. And even with anti-SLAPP laws, most people can't fight back because of financial limitations.
»www.google.com/search?pz=1&cf=al···+the+Web |
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 SLDPremium
join:2002-04-17
San Francisco, CA | Just one more reason to redefine corporations for what they are - headless sociopaths with no criminal liability. A $50,000 settlement (or judgement) feels like a slap on the wrist for these entities. But to you and I - it is financial ruin. |
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 fireflierCoffee. . .Need CoffeePremium
join:2001-05-25
Limbo | It would never happen, but perhaps something that would do nicely in situations such as these: the judge specifies a "compensation amount". Then the income of the defendant is ratioed to the income of the claimant suing them. That ratio is applied to the compensation amount and awarded to the defendant. Big entity sues little guy? Little guy wins? Entity pays out the ass, and little guy receives compensation beyond just their legal bills.
It would provide incentive for big guys to make sure they've got a case before going off suing anyone that pisses them off.
Just wishful thinking. . .
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Tradition: Just because you've always done it that way doesn't mean it's not incredibly stupid. --despair.com |
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 PhoenixDown-- Wants FIOSPremium
join:2003-06-08
Fresh Meadows, NY
kudos:1 | reply to fAcEtIOUs
I thought you were against regulation?
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SLDPremium
join:2002-04-17
San Francisco, CA | reply to fireflier
It will only never happen if people keep insisting it will never happen. We have nothing to fear but fear itself. |
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 ptrowskiGot Helix?Premium
join:2005-03-14
Putnam, CT
kudos:4
 ·VOIPo
1 edit | Re: Companies use lawsuits to shut up critics all the time Last time I checked this website was not a corporation trying to stifle criticism.
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"So, Lone Starr, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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ptrowskiGot Helix?Premium
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Putnam, CT
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·VOIPo
1 edit | Re: Companies use lawsuits to shut up critics all the time Yes, it is an LLC but is a bit different than the topic here. The great thing is if you don't care for a corporation then don't use their products. In your case, don't use their website.
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"So, Lone Starr, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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Re: Companies use lawsuits to shut up critics all the time said by ptrowski:Last time I checked this website was not a corporation trying to stifle criticism. Sorry, I think you misunderstood what I meant? MJ was try to sue PP for linking to the article that criticized MJ.
It would be no different then having a link on your site to an article (not written by you), criticizing any VoIp provider Potrowski and then having said provider sue you. Am I making sense? |
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ptrowskiGot Helix?Premium
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·VOIPo
| said by 34574589:said by ptrowski:Last time I checked this website was not a corporation trying to stifle criticism. Sorry, I think you misunderstood what I meant? MJ was try to sue PP for linking to the article that criticized MJ. It would be no different then having a link on your site to an article (not written by you), criticizing any VoIp provider Potrowski and then having said provider sue you. Am I making sense? No, as I was not referring to you.
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"So, Lone Starr, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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| reply to Karl Bode
said by Karl Bode:Yes, TK Junkmail, clearly the lesson to be learned here is that Magic Jack just sued the wrong people, not that the suit itself was idiotic, or that trying to silence legitimate criticism usually backfires. WIN!!! |
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| reply to fAcEtIOUs
said by fAcEtIOUs:These types of lawsuits(SLAPP) are usually only effective against those without the financial capability to fight back. Magic Jack made a mistake by picking on someone with the money to defend themselves. SLAPP suits usually find Judges unwilling to put up with them ater a MTD (motion to dismiss) is filed. In Florida, SLAPP suits against the government make you pay them big money.
MagicJack was stupid in filing the "Defamation" case to begin with.
Example:
"All Toyota's (Or Ford, etc.) Suck!" is my headline on my blog. Toyota or Ford sues for defamation. I answer it denying everything. Then, I alert the news who, in turn, furthers the blog and I said "All Toyota's Suck" again in an interview. Then I file a MTD citing the 1st Amendment and lots of case law and even ask for sanctions against Toyota. Judge throws them out of court and maybe sanctions their idiocy. I explain at MTD hearing BMWs are superior since they have standard stuff Toyota doesn't have and that's why they suck, which was in my blog if Toyota could read.
Public Figures and companies have to pass a huge test on defamation. MagicJack uses infomercials with, "THIS IS A LIMITED OFFER!" every night on TV. |
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| reply to ptrowski
said by ptrowski:said by 34574589:said by ptrowski:Last time I checked this website was not a corporation trying to stifle criticism. Sorry, I think you misunderstood what I meant? MJ was try to sue PP for linking to the article that criticized MJ. It would be no different then having a link on your site to an article (not written by you), criticizing any VoIp provider Potrowski and then having said provider sue you. Am I making sense? No, as I was not referring to you. Then who were you referring to? It almost appears as if you are have a conversation with yourself...
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ptrowskiGot Helix?Premium
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| said by Shadow01:Then who were you referring to? It almost appears as if you are have a conversation with yourself... The person who was modded by Karl. It is who Karl was referring to.
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"So, Lone Starr, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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