This is very helpful information for entrepreneurs, and I commend the poster for his courage, but I think it is highly risky from a legal standpoint.
The use of phrases such as "bogus forums" can readily be attacked, and (in my long experience in the law) it is precisely those who are most unscrupulous who are quickest to seize on technical points to try to bludgeon you in the courts. Does "bogus" connote fraudulent? Is there nothing at all of value that is being offered? Maybe not. But using this type of phrase puts the one who is otherwise exposing questionable practices in the position of potentially having to prove that the forums are nothing but frauds, which might be hard to prove.
Yes, free speech is involved but an attack on someone's manner of making a living sets one up for "libel per se" charges, which can be tough to fight. With the web as the forum, the claimant can also shop forums to find the most sympathetic court available.
I have fought fights like this before, and I know what they involve. They need to be fought in a way that is effective and not merely righteous. The latter is not bad but can be undermined if you give your opponent gratuitous ammunition with which to attack. It is my belief that the same fight can be waged at a slightly more philosophical level and remain completely effective. Therefore, the risks being taken by naming specific parties and using phrases such as "bogus forums" will only serve to weaken an otherwise compelling position being advanced by a strong proponent of a good cause.
At this point, whatever has been done has been done and the fight will proceed legally at the level just described. It will take a lot to fend off the vicious attacks to come. I wish the author well in his endeavor. He is on to something and I hope he can handle it effectively. The entrepreneurial community will certainly benefit from his efforts.
I agree that this can probably be just as effective while avoiding making claims that may not stand up in court (eg, "bogus forums," & "nothing but frauds") but avoiding naming firms and keeping it all high level and philosophical is not as effective, even if it is probably safer.
If you have a legal background, I think you might want to see if you can find precedents in the talent (modelling, acting, script-writing) fields.
The use of phrases such as "bogus forums" can readily be attacked, and (in my long experience in the law) it is precisely those who are most unscrupulous who are quickest to seize on technical points to try to bludgeon you in the courts. Does "bogus" connote fraudulent? Is there nothing at all of value that is being offered? Maybe not. But using this type of phrase puts the one who is otherwise exposing questionable practices in the position of potentially having to prove that the forums are nothing but frauds, which might be hard to prove.
Yes, free speech is involved but an attack on someone's manner of making a living sets one up for "libel per se" charges, which can be tough to fight. With the web as the forum, the claimant can also shop forums to find the most sympathetic court available.
I have fought fights like this before, and I know what they involve. They need to be fought in a way that is effective and not merely righteous. The latter is not bad but can be undermined if you give your opponent gratuitous ammunition with which to attack. It is my belief that the same fight can be waged at a slightly more philosophical level and remain completely effective. Therefore, the risks being taken by naming specific parties and using phrases such as "bogus forums" will only serve to weaken an otherwise compelling position being advanced by a strong proponent of a good cause.
At this point, whatever has been done has been done and the fight will proceed legally at the level just described. It will take a lot to fend off the vicious attacks to come. I wish the author well in his endeavor. He is on to something and I hope he can handle it effectively. The entrepreneurial community will certainly benefit from his efforts.