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Can trainers/institutes really sue people for writing reviews?


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Can trainers/institutes really sue people for writing reviews?

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  #1 (permalink)
 AllSeeker 
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Recently popular topic here has me all curious about something, can trainers/institutes really sue someone for writing reviews?

I wanted to expand that question into little more and ask, how valid is trainer suing people for sharing their course material as well, especially if its seemingly copied material of someone else. In which case it sounds like a thief calling out others for thievery? Which is basically what these trainers do, and do it quite blatantly, sometimes they don't even bother to change the slides. lmao

I'm not well versed in legal matters in this area, and other thing is that on tradingview indicators get copied/repacked/resold left and right, and you would be lucky if mods decide to ban the script (not even account ban), forget about "legal action" from original owner.

So I was under the impression that "that's how things are", but to my surprise, people have gotten really serious in other thread, when in reality that whole lawsuit sounds like shoddy little attempt at rattling users/dissatisfied customers. Tbh, I'm seeing this for first time. And if I was the victim here, I would give a very real thought for counter suing. Please note that I actually don't know anything about law, this is just me pulling my curiosity rabbit out of my hat

Please pardon if this is not appropriate topic to discuss here.

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  #2 (permalink)
 bobwest 
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LastDino View Post
Recently popular topic here has me all curious about something, can trainers/institutes really sue someone for writing reviews?

You can sue anyone for anything. But you can't necessarily win.


Quoting 
... to my surprise, people have gotten really serious in other thread, when in reality that whole lawsuit sounds like shoddy little attempt at rattling users/dissatisfied customers.

With good reason.... because that's what it is. It's also an attempt to shut up the public criticism so it doesn't detract from sales.

You have to prove a case in court, and there are standards about what is proof of an offense and what is not. Making empty threats is another matter. It can work if the person is afraid, which is part of the tactic. Also, if something is actually taken into court, the person who is accused will usually want to hire a lawyer, which can get expensive, and they may lose.

So someone who wants to intimidate another person to withdraw a critical review can just have his lawyer write an intimidating letter, threatening to sue, and see what happens.

This is why there is such outrage in the other thread, because this is how people see it: an attempt at intimidation, not something meant in good faith about real damages.

Bob.

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 kevinkdog   is a Vendor
 
 
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bobwest View Post
You can sue anyone for anything. But you can't necessarily win.



With good reason.... because that's what it is. It's also an attempt to shut up the public criticism so it doesn't detract from sales.

You have to prove a case in court, and there are standards about what is proof of an offense and what is not. Making empty threats is another matter. It can work if the person is afraid, which is part of the tactic. Also, if something is actually taken into court, the person who is accused will usually want to hire a lawyer, which can get expensive, and they may lose.

So someone who wants to intimidate another person to withdraw a critical review can just have his lawyer write an intimidating letter, threatening to sue, and see what happens.

Bob.


Along these lines, there is a trading educator review site out there, and the site owner wrote a scathing review of an educator. Lots of people commented on the article, some on topic, many off topic.

The trading educator involved sued EVERYONE involved: the site owner, and every single person who commented (regardless of what they said). It was all frivolous, but it had a chilling effect for a while; no one wanted to comment on articles anymore.

So @bobwest is 100% right - anyone can sue someone for anything, and the merits of the case do not matter (at least at first)...

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 TWDsje   is a Vendor
 
 
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It all comes down to libel law. To win against you in court they'd have to prove you knowingly made false statements to harm their reputation. Pretty difficult to prove. Especially if the statements you are making are true. All you've got to do is ask for their trading history during discovery and that's the end of that.

They want you to believe that they can afford to throw money at frivolous lawsuits. In reality if they were so well off they wouldn't care.

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ycomp
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bobwest View Post
You can sue anyone for anything. But you can't necessarily win.


This is why there is such outrage in the other thread, because this is how people see it: an attempt at intimidation, not something meant in good faith about real damages.

Bob.

what thread was that? I haven't been following the forum

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 bobwest 
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ycomp View Post
what thread was that? I haven't been following the forum



Bob.

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-- Cervantes, Don Quixote
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 SMCJB 
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I think the replies to this thread generally assume that the "trainer/institute" is fraudulent and selling something not of value. But what if the seller isn't fraudulent, and its the accuser that is wrong. Googling libel I get "a published false statement that is damaging to a person's reputation; a written defamation.". Obviously not a legal definition but I can obviously see how that somebody could be guilty of that. But then our politicians are guilty of it almost every day and get away with it continually. With regards to "suing people for sharing their course material" if it's covered by an NDA then sure why not? That's the point of an NDA. "If its seemingly copied material of someone else" then no worries, just say you got it from the other person/place.

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 bobwest 
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SMCJB View Post
I think the replies to this thread generally assume that the "trainer/institute" is fraudulent and selling something not of value. But what if the seller isn't fraudulent, and its the accuser that is wrong. Googling libel I get "a published false statement that is damaging to a person's reputation; a written defamation.". Obviously not a legal definition but I can obviously see how that somebody could be guilty of that. But then our politicians are guilty of it almost every day and get away with it continually. With regards to "suing people for sharing their course material" if it's covered by an NDA then sure why not? That's the point of an NDA. "If its seemingly copied material of someone else" then no worries, just say you got it from the other person/place.

Good point. Not everyone who claims they were damaged is wrong. Some actually have been, and that's what courts are for.

In court, there are rules and you have to prove what you say. Assertions there don't matter otherwise. This is good for everyone.

The issue may have arisen lately in a situation where it doesn't seem that there is merit, but this is not always the case.

Bob.

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 raulinhox25 
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TWDsje View Post
It all comes down to libel law. To win against you in court they'd have to prove you knowingly made false statements to harm their reputation. Pretty difficult to prove. Especially if the statements you are making are true. All you've got to do is ask for their trading history during discovery and that's the end of that.

They want you to believe that they can afford to throw money at frivolous lawsuits. In reality if they were so well off they wouldn't care.

Exactly! A letter threatening to sue is not a lawsuit. Also, good luck to the vendor trying to locate you. And if the vendor lives many states away, good luck getting you to go to court lol

Itís a scare tactic ó keep shitting on their crappy services. You all have nothing to worry about

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  #10 (permalink)
IRyuI
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Most of such 'lawsuits' are intended to intimidate- there is no bite there.

Sometimes I call out their bull and lay out enough substantiation to support my arguments.

If what they intend to do is to shut out negative reviews, I'll help them by blowing it up to attract more attention

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