To: Tom Frederick who wrote (16131 ) 9/8/1998 5:16:00 PM From: ShoppinTheNet Respond to of 20681
"I think the point of the article should be taken seriously. If this suit takes hold and people are brought to court, a precedent will be set." Tom you may be right. But, there may be more to this case then you have supplied, or this may be a different case then I recall. As I recall reading about this, or a similar case, it also enveloped threats to harm the management. If this is the same case we are not talking apples to apples. Any way here are some additional points to consider in that regard. If in during the duration of time the lawsuit takes it is proven that the management was indeed incompetent can these unknown defendants counter sue? Has this suit had it's final decision or is it just a case filed? We all hear the big news when a suit is filed or a large decision is made, yet when it is dismissed or a decision is reversed, the media is not there to cover it. Case in point, I have just heard from a restaurant owner that the higher courts reversed the famous coffee burning case evolving a large food chain. Yet how many people know about this? Are you saying that if someone posted a valid question on the Internet seeking a valid answer that they would be subject to a lawsuit? If some one did nothing but post positive view points on a company or its management and it was later found that this was not the case, Would that poster be liable for investors losses if they made decisions regarding the stock based on this poster's posts? If someone did pose a valid question and they were given a response by someone in good faith, yet the information was wrong, would that poster be liable for any losses an investor would incur if he made a buy, hold, or sell decision on that information? Let's say a poster asked a question and another poster dismissed that question as frivolous and led thread readers to believe it to be frivolous. Later it was found to be a valid and critical point, would the poster who dismissed the initial poster's point as stupid be held liable to investors who made decisions regarding this information? Would this position be compounded if that individual were a professional? If a person implied in a post that another poster was sitting around the pool drinking to many martinis, would the poster be liable for defamation of charter if the person did not own a pool, never drank a martini in his life, and does not drink in excess? Regarding the stockbroker who was said to use the Internet to manipulate the stock by posting, this is illegal with or without the Internet if you intend to use this manipulation to generate income. This would work for those who seek to make a stock move up, go down, or stay flat. IE. If you owned a stock and you kept or tried to keep negative information form hitting the thread, this would be wrong as well. If you had pertinent information regarding a stock as management or a thread member and you did not release it you would it be wrong? There will be a lot of decisions to be made, I can see clearly that we need more Lawyers.