Do they have liability lawsuites for slander in europe?

Tetsuru · 05-05-2009, 10:10 PM

Just curious, because it seems to me that the eurogamer review was purposely designed to attack Darkfall, without basis in fact. He actually made up blatant lies like your skill determining your hit chance etc. In the U.S. companies can sue for this.

yuppy · 05-05-2009, 10:11 PM

you obviously are not a lawyer. This is not libel.

holychicken · 05-05-2009, 10:14 PM

Quote:

Originally Posted by yuppy

you obviously are not a lawyer. This is not libel.

How so? It is a negative piece that is published that is filled with false statements. I am not a lawyer, but that seems like it falls under legal definition of it pretty clearly.

Gekko101 · 05-05-2009, 10:15 PM

Speaking of false statements/advertisments

Have you guys checked the darkfall website...ya...

/leaves thread

ikhoefnix · 05-05-2009, 10:15 PM

One company writing false statements about another.

To me it sounds like Eurogamer is trying to shut down Av.

Darkfall militia who wants in lets go fuck Eurogamer

HandbagHouse · 05-05-2009, 10:16 PM

http://en.wikipedia.org/wiki/Defamation

Just for starters:

the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.

Redgon · 05-05-2009, 10:18 PM

As with many MMOs, you walk around using the WASD keys. However, to 'do' anything - talk to an NPC, bind yourself to a location, loot a corpse, and so on - you have to click the right mouse button to toggle between interaction or movement mode.

even that senttence is saying he played game max 1 min not more.

Sure you can sue it for false statment.

yuppy · 05-05-2009, 10:18 PM

Quote:

to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. … Publication need only be to one person, but it must be a statement which claims to be fact, and is not clearly identified as an opinion.

Now to meet the standard of proof

1) Do harm -- check
2) Be stated as fact -- Well, its a review, its an opinion. So it does not meet this standard.
3) Be Published -- check

So once it meets step 2 then it can possibly go forward. But not in its current state.

Quote:

That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.

HandbagHouse · 05-05-2009, 10:20 PM

Quote:

Originally Posted by yuppy

Now to meet the standard of proof

1) Do harm -- check
2) Be stated as fact -- Well, its a review, its an opinion. So it does not meet this standard.
3) Be Published -- check

So once it meets step 2 then it can possibly go forward. But not in its current state.

I disagree, he is making statements about the game's behaviour which are not accurate. Those are not opinions even if they take place within a review.

yuppy · 05-05-2009, 10:20 PM

Under US law, websites that publish third-party reviews cannot be sued for that content.

This guy is a contributor though. So this may count as a first person review. That only protects ebay feedback and things like that

Quote:

I disagree, he is making statements about the game's behaviour which are not accurate. Those are not opinions even if they take place within a review.

Will you cite those?

holychicken · 05-05-2009, 10:24 PM

Quote:

Originally Posted by yuppy

Now to meet the standard of proof

1) Do harm -- check
2) Be stated as fact -- Well, its a review, its an opinion. So it does not meet this standard.
3) Be Published -- check

So once it meets step 2 then it can possibly go forward. But not in its current state.

There are numerous false statements stated as fact throughout article. It isn't the 2/10 that is defamation, it is the numerous nonfactual statements made about the game to make it look bad that are defamation.

I am sure some lawyer might be able to tap dance around this or find some loophole in the law or maybe the law does not even apply to these types of things. . . but from the outside looking in, especially considering that "standard of proof" you gave, it is pretty clear case of defamation.

HandbagHouse · 05-05-2009, 10:25 PM

Quote:

Originally Posted by yuppy

Under US law, websites that publish third-party reviews cannot be sued for that content.

This guy is a contributor though. So this may count as a first person review. That only protects ebay feedback and things like that

Will you cite those?

Sorry I can't be bothered to run through the thing again. They are quite obviously there and prolific if you care to play yourself for a few hours. I am sure Aventurine is already compiling a list.

yuppy · 05-05-2009, 10:26 PM

ill go through it, ive played the game enough to spot the false statements. give me a bit.

ikhoefnix · 05-05-2009, 10:27 PM

Quote:

Originally Posted by yuppy

Under US law, websites that publish third-party reviews cannot be sued for that content.

This guy is a contributor though. So this may count as a first person review. That only protects ebay feedback and things like that

Will you cite those?

Too bad US laws have nothing to do with this.

xpiher · 05-05-2009, 10:31 PM

Quote:

Originally Posted by Tetsuru

Just curious, because it seems to me that the eurogamer review was purposely designed to attack Darkfall, without basis in fact. He actually made up blatant lies like your skill determining your hit chance etc. In the U.S. companies can sue for this.

It could be considered libel based on their ranking system, but good luck actually proving it.