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posted by n1 on Thursday May 15 2014, @07:31AM   Printer-friendly
from the say-only-good-things dept.

From Ars Technica:

Imagine you just purchased a shiny new wireless router from Amazon, only to discover that the product doesn't work as you anticipated. To vent frustration and perhaps help others avoid the same mistake, you leave a negative product review-but some of your claims ultimately turn out to be incorrect or misleading. Now the company's attorneys want to sue you for your "illegal campaign to damage, discredit, defame, and libel" it. Are you going down in flames? Or can you say what you want on the Internet? As with many areas of law, the answers are nuanced and complicated. Our primer, however, will help you avoid the obvious pitfalls.

The article contains advice from defamation lawyer Lee Berlik and free speech attorney Paul Alan Levy.

 
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  • (Score: 4, Interesting) by evilviper on Thursday May 15 2014, @07:57AM

    by evilviper (1760) on Thursday May 15 2014, @07:57AM (#43640) Homepage Journal

    Consider yourself lucky... In the US, being factually truthful is an iron-clad defence against libel/defamation charges. In much of Europe, it's not, and you can be held responsible for what you write having a negative impact on the company.

    The US' freedom of speech rules, which explicitly allow you to lie to your heart's content, combined with libel laws which hold you liable if you aren't being truthful, has a very odd effect... Negative product reviews can be trusted, while positive product reviews can be, and often are, fabricated accounts paid for by the manufacturer. They can lie about how great their product is all they want, but their competitors can't post falsely negative reviews of the product without trouble.

    I know I've purchased products, only to go back and find EVERY 1-star review about the product on Amazon was exactly what I experienced. I can point to 32GB SDHC cards that are obviously too-cheap to be real, but the couple 1-star reviews reporting it have been down-voted and buried by fake 5-star reviews from accounts that never reviewed any other product.

    ALWAYS read the top-rated negative reviews of a product! I particularly prefer when a negative review has clear numbers to back-up the claims, and suggest a different product as an improved alternative.

    --
    Hydrogen cyanide is a delicious and necessary part of the human diet.
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  • (Score: 2) by elf on Thursday May 15 2014, @10:21AM

    by elf (64) on Thursday May 15 2014, @10:21AM (#43677)

    The main difference between the US and UK used to be that you don't need to prove malice to prove to have been libel. In the UK things have change in the last year

    http://www.legislation.gov.uk/ukpga/2013/26/conten ts/enacted>

    The type of defence you can used is clearly explained.

    The comments in ARS were actually quite interesting, what I said above was posted there.

    • (Score: 1) by E_NOENT on Thursday May 15 2014, @01:38PM

      by E_NOENT (630) on Thursday May 15 2014, @01:38PM (#43706) Journal

      This is good advice. For me, I try to verify my assumption that anything I buy online (sight unseen) is going to be a worthless piece of junk until proven otherwise. I also count on the fact that reviews are often "gamed" by manufacturers and other paid shills.

      Negative reviews can be hokum as well (placed by competitors) but if you're at all familiar with type of product you're buying, you can spot the bogus false reviews and omit them from consideration.

      What's left (in the one-star ratings) are actual beefs that people have had with the product, which provide a pretty reliable guide toward whether or not it's worth your time. If I can't prove that the product is in fact a steaming pile, I'll begrudgingly purchase the item.

      Yeah, I *am* a lot of fun at parties, why do you ask?

      --
      I'm not in the business... I *am* the business.