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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers
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To: tresamigoslololol who wrote (614)4/29/1999 11:47:00 PM
From: wonk  Read Replies (2) of 3795
 
...here's one fact.

Here's some more facts.

From Business Wire's Website

The undersigned recognizes that Business Wire is a membership organization engaged in the business of data transmission. As a member of Business Wire, I (we) warrant that I am (we are) solely responsible for the accuracy, originality and factual content of all materials submitted to Business Wire for distribution.

about.businesswire.com

versus (from their complaint)

13. Given the nature of its business, which is to distribute other entities' press releases to the news media and others, Business Wire does not independently verify the facts set forth in every press release it distributes. However, Business Wire does act to ensure that the information it provides is accurate by requiring, as a condition of distributing any press release over its wire service and on its website, that the person or entity submitting the press release warrant that the factual content in the materials submitted for distribution by Business Wire is true and accurate. #reply-9206579

This seems to me to be what is generally characterized in the legal world as mutual exclusivity.

Now unless BW has another arrow in its quiver, it seems pretty clear that its complaint misrepresents its contract. In my experience, Federal Judges react poorly to such plaintiffs. High probability of summary judgement to the defendants.

Care to comment?
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