Site Comments & Suggestions

Locked: Why was the Brampton flooring thread removed?

  • Last Updated:
  • Jun 18th, 2012 9:38 am
Tags:
None
Deal Expert
Jun 14, 2001
15556 posts
1004 upvotes
If RFD/YPG did get a letter from a lawyer from this there isn't much that can be done and IMO if people are saying this wouldn't have happened when BlueSky/Derek owned RFD I don't believe that.

However instead of just nuking the thread may I suggest:
  • Deleting the old thread
  • Creating a new thread titled "Brampton Flooring Legal Complaint regarding reviews"
  • Mention that the old thread was deleted because of this and include scans of the letter from the lawyers office
  • Make a note saying that reviews aren't allowed in this new thread. If users don't comply the thread will be locked.
This is basically what Google does when they get a DCMA (Digital Millennium Copyright Act) take down notice for piracy.

Once you have the legal notice from the lawyers office there's nothing forbidding RFD from making the notice as public as possible. That way YPG can "pass the buck" and not be seen as the censors.

This should also make future businesses *seriously* reconsider if they want to go this route if they know their grievances will be made so public.

I know if someone pulled this BS with me I'd take that letter from the lawyers office and plaster it in sooooo many places so sooooo many more people would know about what was going on than ever would have from a little thread on the internet.
Should we have open retail markets to bring more UK and US retailers to Canada?wegmans-tops-trader-joes-americas-favou ... #p27788812
Deal Guru
User avatar
Dec 7, 2009
13788 posts
1301 upvotes
Just a couple of points to add.

1.) Being served a legal notice does not obligate RFD to take down the posts in question. They can file an appeal or defense and have the issue escalated.

2.) Posting the legal paperwork is a good idea and it should have its own sticky thread. Full disclosure and transparency are important and I feel this is something we can all stand behind.
In a perfect system, corporations would fear the government and the government would fear the people. - David Wong

Check out caRpetbomBer's picks in this thread.
Deal Guru
User avatar
Nov 19, 2010
14466 posts
2047 upvotes
Toronto
Ojam wrote:
Jun 16th, 2012 10:43 pm
Pathetic, RFD also rolled over when a user threatened legal action because his avatar is religious.

See this post for the avatar issue.
commentary-questions-regarding-inconsis ... st14900411

So that is all it takes for RFD to roll over? The mere mention of legal action and they give up. Maybe users that are banned should use that method.
I don't like Allan. He was being a real ***** in the thread. We as a community could've mediate the situation instead of going on under fire and targeting each other. Allan should just change his avatar.

My opinion is a little bias because I'm an atheist but I still give an open-minded response otherwise. Allan, if you feel threatened and you want to fight back by taking legal action then I have no good words for you. Take it easy.
Deal Guru
User avatar
Aug 20, 2005
10453 posts
2006 upvotes
Nowhere
Cas77 wrote:
Jun 17th, 2012 12:18 am
Could someone in Brampton have a look to see how big their ad is in the Yellow Pages? I doubt anyone would still have a copy that didn'nt end up in the recycle bin...but maybe.

I sure as hell hope it has something to do with legal action and not threatening to kill the relationship with a company on life support that can't afford to turn down a few $100 bucks a year.

I just find it odd that a legal paperwork from a company's lawyer would get into the hands of another company's lawyer at noon on a Saturday...
I still have the Yellow Pages. It says on it that I have to "Keep until February 2013" so I couldn't throw it out :) No ad in the Yellow Pages, just two listings: one under Floor Laying, Refinishing, Resurfacing and the other under Floor Materials. The first listing is in Caps so they paid a little more for that and it includes their fax number. The second is just a regular listing.

Can anyone answer the question from a legal perspective if a website is responsible for the content of the postings of a member? I don't think they are. This is not hate speech or something prohibited, it is his account of his experience dealing with Brampton Hardwood Floors. I realize that RFD would want to avoid a lawsuit but I don't see it being successful and giving in, is a slippery slope.
[OP]
Moderator
User avatar
Jul 5, 2004
23496 posts
3046 upvotes
Cheap Cat wrote:
Jun 17th, 2012 2:13 pm
Can anyone answer the question from a legal perspective if a website is responsible for the content of the postings of a member? I don't think they are. This is not hate speech or something prohibited, it is his account of his experience dealing with Brampton Hardwood Floors. I realize that RFD would want to avoid a lawsuit but I don't see it being successful and giving in, is a slippery slope.
I can't say for sure, but look at all the lawsuits against Torrent websites. Torrent websites don't even host the content, they just allow you to search for it, yet they've been successfully sued and shut down. So could RFD be held responsible for the information posted by the users? I would think potentially they could in the right (or wrong) circumstances. At the very least, if a business was serious, RFD would have to spend money defending itself in court, and I imagine RFD would rather just delete the content than spend money on lawyers.
Deal Guru
User avatar
Aug 20, 2005
10453 posts
2006 upvotes
Nowhere
Shaner wrote:
Jun 17th, 2012 2:32 pm
I can't say for sure, but look at all the lawsuits against Torrent websites. Torrent websites don't even host the content, they just allow you to search for it, yet they've been successfully sued and shut down. So could RFD be held responsible for the information posted by the users? I would think potentially they could in the right (or wrong) circumstances. At the very least, if a business was serious, RFD would have to spend money defending itself in court, and I imagine RFD would rather just delete the content than spend money on lawyers.
I think that case is different because they are facilitating copyright infringement ie an illegal activity. RFD is doing nothing of the sort. They are merely providing a forum where a user has written about his experience. In the US (yes I realize it is a different country with different laws), owners of websites hide behind the law and apparently nothing can be done. I am specifically referring to sites that allow users to post to "dirt" on others and when the victims ask to remove the "dirt" it can only be done for a fee even when there is no truth to what was written. Having seen lawyers interviewed on the subject, they have admitted that nothing can be done to force the site to remove the content although some victims were attempting legal action.
Deal Addict
Jan 3, 2009
1469 posts
254 upvotes
Shaner wrote:
Jun 17th, 2012 2:32 pm
At the very least, if a business was serious, RFD would have to spend money defending itself in court, and I imagine RFD would rather just delete the content than spend money on lawyers.
Exactly. RFD is not going to lose clients/income due to deleting the content, so it would be counterproductive to challenge it in court. Yes, some members will be mad about the deleted thread. But they aren't going to stop using RFD because of it.

It would help if admins explained that the thread was deleted due to threat of legal action though. at least members would know that there is some transparency.
Deal Expert
User avatar
Aug 22, 2003
15541 posts
970 upvotes
Niagara Falls
I think a bunch of you should read Michele Mandel's column in yesterdays Sun. It tackles the changes happening in the online world in regards to libel, defamation, etc. This past week the Ontario Court of Appeal overturned a lower court ruling that dismissed a blogger's libel complaint because it appeared on the net. ;) That case is now going to trial. The forum owners have already spent $50k and now more that it's going to trial.

Here's the link... http://www.torontosun.com/2012/06/17/ma ... efame-game
Thinking seriously about the 4 S's...Sun, Sand, Surf and ... Booked for Sept in Mexico and booked Samana DR for Jan!
Deal Guru
User avatar
Nov 19, 2010
14466 posts
2047 upvotes
Toronto
CSK'sMom wrote:
Jun 17th, 2012 4:05 pm
I think a bunch of you should read Michele Mandel's column in yesterdays Sun. It tackles the changes happening in the online world in regards to libel, defamation, etc. This past week the Ontario Court of Appeal overturned a lower court ruling that dismissed a blogger's libel complaint because it appeared on the net. ;) That case is now going to trial. The forum owners have already spent $50k and now more that it's going to trial.

Here's the link... http://www.torontosun.com/2012/06/17/ma ... efame-game
Interesting. But that situation is a lot different from the Brampton flooring one. Nobody is lying here in the RFD thread.
Deal Addict
User avatar
Nov 23, 2010
2505 posts
571 upvotes
the thread was removed due to RFD receiving an a affidavit from the company. They went about having the thread removed in the proper fashion. There is nothing we could do.

:!: Thread Closed
For all community related matters, please PM TomRFD
Deal Addict
User avatar
Nov 23, 2010
2505 posts
571 upvotes
There was no way of letting everyone know as it the thread was removed from the site at that time as, if I posted in the thread no one would have saw it any way. Thank you for the feedback in this situation and we will look at a way to inform the OP when a thread is removed for legal reasons.
For all community related matters, please PM TomRFD

Top