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Evil Genius Games Attempts To Remove Bad Press [Update--And Then Adds Legal Threats!]
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<blockquote data-quote="Snarf Zagyg" data-source="post: 9565155" data-attributes="member: 7023840"><p>Read the updates. Glad that it's not an issue, and that Morrus (correctly) referred it to his legal team.</p><p></p><p>There are multiple reasons why this appears to be a cut-and-paste job, and that no remotely competent (or even incompetent) attorney would send something like this. But if you have attorneys, it's always best to send this type of thing to them ... just in case.</p><p></p><p>Anyway, for my edification and amusement, reasons why this looks SO FAKE-</p><p></p><p>[SPOILER=law stuff, you can ignore if you want]</p><p>1. The "attorney" doesn't identify who he is, his physical address, or his firm.</p><p>2. No identification of who the client is.</p><p>3. It was sent to "Legal Team?" Um ... if you are sending to a person (an unrepresented person or a company) you address it to them, and state at the beginning that if they are represented, to immediately provide it to counsel.</p><p>4. No law? "Defamation law" isn't a thing. This would be libel, and an attorney would probably provide at least a little more information ... just to show off and/or intimidate, if nothing else. </p><p>5. "The defamatory post in question was posted on your website without knowing the truth." Not the standard, and you wouldn't go in like that. You would identify specific comments as false and DEMAND they be removed. It's called a DEMAND letter (or cease and desist, depending) for a reason.</p><p>6. "Failure to comply with this request will leave us with no option but to pursue legal action against your website and the user responsible for the defamatory post." No. You don't sue a website, you sue a legal entity. You'd name the responsible legal entity.</p><p>7. On the CDA and DMCA- the CDA protects on-line places that publish defamation under US law (and that is US law) which means that under the CDA, Enworld isn't responsible for the content created by the idiot users like me. And the DMCA isn't used for taking down defamatory comment.* It's notable that he is quoting the US laws, as different areas can be more protective (EU, right to be forgotten, etc.). As a general rule, the only sure-fire way to get defamatory content removed is to get a court order- you have to first get a court to say it is defamation, and then get it removed.</p><p>8. "We appreciate your prompt attention to this matter and request confirmation of the removal of the defamatory post within reasonable time frame from the receipt of this letter." Nope. Reasonable timeframe? No attorney would do that- there is always some sort of deadline, because ... c'mon, reasonable?</p><p></p><p>Anyway, I hate that this sort of stuff is so common today. Getting real letters like this is bad enough; we shouldn't have to do with the fake ones as well.</p><p>[/SPOILER]</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 9565155, member: 7023840"] Read the updates. Glad that it's not an issue, and that Morrus (correctly) referred it to his legal team. There are multiple reasons why this appears to be a cut-and-paste job, and that no remotely competent (or even incompetent) attorney would send something like this. But if you have attorneys, it's always best to send this type of thing to them ... just in case. Anyway, for my edification and amusement, reasons why this looks SO FAKE- [SPOILER=law stuff, you can ignore if you want] 1. The "attorney" doesn't identify who he is, his physical address, or his firm. 2. No identification of who the client is. 3. It was sent to "Legal Team?" Um ... if you are sending to a person (an unrepresented person or a company) you address it to them, and state at the beginning that if they are represented, to immediately provide it to counsel. 4. No law? "Defamation law" isn't a thing. This would be libel, and an attorney would probably provide at least a little more information ... just to show off and/or intimidate, if nothing else. 5. "The defamatory post in question was posted on your website without knowing the truth." Not the standard, and you wouldn't go in like that. You would identify specific comments as false and DEMAND they be removed. It's called a DEMAND letter (or cease and desist, depending) for a reason. 6. "Failure to comply with this request will leave us with no option but to pursue legal action against your website and the user responsible for the defamatory post." No. You don't sue a website, you sue a legal entity. You'd name the responsible legal entity. 7. On the CDA and DMCA- the CDA protects on-line places that publish defamation under US law (and that is US law) which means that under the CDA, Enworld isn't responsible for the content created by the idiot users like me. And the DMCA isn't used for taking down defamatory comment.* It's notable that he is quoting the US laws, as different areas can be more protective (EU, right to be forgotten, etc.). As a general rule, the only sure-fire way to get defamatory content removed is to get a court order- you have to first get a court to say it is defamation, and then get it removed. 8. "We appreciate your prompt attention to this matter and request confirmation of the removal of the defamatory post within reasonable time frame from the receipt of this letter." Nope. Reasonable timeframe? No attorney would do that- there is always some sort of deadline, because ... c'mon, reasonable? Anyway, I hate that this sort of stuff is so common today. Getting real letters like this is bad enough; we shouldn't have to do with the fake ones as well. [/SPOILER] [/QUOTE]
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