VWVortex and a poster are being sued ...
11-19-2001, 04:54 PM
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VWVortex and a poster are being sued ...
by a VW dealership because of comments made on the forum. Here's the article from the Atlanta paper:
VW driver airs beef, gets summons
Dealer sues Tech student over Internet posting
Doug Payne - Staff
Saturday, November 17, 2001
A Cobb County man who took his complaints about a car dealership to the Internet is being sued by the dealer for libel.
Jim Ellis Motors Inc. and General Manager William Farmer filed suit against George Mantis in Cobb Superior Court Nov. 2. They are also attempting to sue the company that maintains the Web site.
Mantis, 27, a Georgia Tech graduate student, took his 2001 Volkswagen GTI to Jim Ellis Motors on Cobb Parkway in July to fix some rattles, replace a damaged wheel and install a CD player. Mantis claims his problems weren't fixed.
On July 20, he posted an account of his problems on vwvortex, a Web site for Volkswagen owners. Under a heading of "worst service ever!" Mantis wrote about his troubles and ended, "I'm seeking revenge as best I can. This is one way: telling all of you to avoid this dealership, for sales or service, like the plague."
He says the posting has received more than 150 responses since July.
One respondent rang his doorbell Sunday --- a Cobb County sheriff's deputy with a summons.
A hearing is set for Monday, with Jim Ellis and Farmer seeking a restraining order against Mantis and Vortex Media Inc., removal of the Web site messages and various monetary awards.
The Internet is more and more at the center of libel suits, said Atlanta attorney Doug Isenberg, who is also publisher of the Web site GigaLaw.com.
"More people are turning to the Internet as a soap box," he said.
"Communications on the Internet are generally protected by the First Amendment right of free speech, but there are limits on that right, such as defamation," said Isenberg. "Generally, opinions do not qualify as defamation, because they're not false.
"But it's a fine line."
VW driver airs beef, gets summons
Dealer sues Tech student over Internet posting
Doug Payne - Staff
Saturday, November 17, 2001
A Cobb County man who took his complaints about a car dealership to the Internet is being sued by the dealer for libel.
Jim Ellis Motors Inc. and General Manager William Farmer filed suit against George Mantis in Cobb Superior Court Nov. 2. They are also attempting to sue the company that maintains the Web site.
Mantis, 27, a Georgia Tech graduate student, took his 2001 Volkswagen GTI to Jim Ellis Motors on Cobb Parkway in July to fix some rattles, replace a damaged wheel and install a CD player. Mantis claims his problems weren't fixed.
On July 20, he posted an account of his problems on vwvortex, a Web site for Volkswagen owners. Under a heading of "worst service ever!" Mantis wrote about his troubles and ended, "I'm seeking revenge as best I can. This is one way: telling all of you to avoid this dealership, for sales or service, like the plague."
He says the posting has received more than 150 responses since July.
One respondent rang his doorbell Sunday --- a Cobb County sheriff's deputy with a summons.
A hearing is set for Monday, with Jim Ellis and Farmer seeking a restraining order against Mantis and Vortex Media Inc., removal of the Web site messages and various monetary awards.
The Internet is more and more at the center of libel suits, said Atlanta attorney Doug Isenberg, who is also publisher of the Web site GigaLaw.com.
"More people are turning to the Internet as a soap box," he said.
"Communications on the Internet are generally protected by the First Amendment right of free speech, but there are limits on that right, such as defamation," said Isenberg. "Generally, opinions do not qualify as defamation, because they're not false.
"But it's a fine line."
11-19-2001, 05:00 PM
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Hard to see how VWVortex would pay damages...
Probably they are protected by some prior decisions, although they may have to pull the message, I'd think.
The poster basically said "I'm seeking revenge by expressing opinions as free speech, and giving truthful accounts". How is this libel? Even if one disputes his accounts, his conviction that they were truthful should protect him.
I'm no lawyer.
The poster basically said "I'm seeking revenge by expressing opinions as free speech, and giving truthful accounts". How is this libel? Even if one disputes his accounts, his conviction that they were truthful should protect him.
I'm no lawyer.
