Hi,
here's my current dilema:
one of my clients has set up a web page where he's basically saying that this other guy is a bad bad guy, who rips people off and so forth. He gives the other guy's name and phone number (I think it's his professionnal phone number).

So we were contacted (email) by someone posing as the legal guy for the "bad guy"'s company and demanding that we remove this page.
His email then goes on to say how our client is a bad guy who signed under a fake name etc. even though we KNOW that this is'nt true.

So, here we are: we received this very unprofessionnal threatening message asking us to remove this not so professionnal web page.

What would you do?


Thanks...

Instead of getting yourself tangled in a situation which you really should not be part of, you can avoid it completely by simply taking down the web page. For a small monthly fee, it's not worth your time dealing with other people's legal problems, unless of course it's something you enjoy.

Wow...

That's a tough one, Chris.

Both of these people sound like they're not very nice. Just because I wouldn't have the time to deal with all this nonsense, I would simply ask the client to either take down the controversial page or move his hosting elsewhere. I would explain to him that you are not taking sides, but that you don't want to get in the middle of time consuming ( and expensive) litigation.

I know this sounds like a major cop-out, and I am all for the idea of free speech especially on the internet. But in the end, this is a business, and we all only have so much time in every day.

Just my humble thoughts,

Keith

Disputes are always tough and in this situation, your first obligation is to your business, despite any other priority.

Tell the customer to take the page down within 24 hours or the account will be disabled. Forward the threatening email to the authorities for the basis of being recorded with them if their entanglement dragged you in at all in the future, whether you hosted this customer any further or not.

Yes, as said your first consideration is your business, that's why you should be careful.

I would seek the advice of your lawyer. If the site in question has no objectionable langauge or images, and can prove what they are saying then there is no case for either Slander or Libel on the part of the the other party. If the site owner has not violated your AUP or TOS otherwise, then to arbitrarily take down their site would likely be regarded as breach of contract on your part, should they seek legal recourse. It's a difficult call so I reiterate - seek proper legal advice.

My 2 cents worth.

Originally posted by cyansmoker
So we were contacted (email) by someone posing as the legal guy for the "bad guy"'s company and demanding that we remove this page.
His email then goes on to say how our client is a bad guy who signed under a fake name etc. even though we KNOW that this is'nt true.


If it ain't a registered (certified) letter with a lawyer or other "forceful" letterhead, I tell them to take a dunk in the lake. Demands in email are ignored.

Recently Ebay's legal department emailed me about casinobay.net I registered and host for a client, I replied that

#1 it's kinda hard to trademark a 3 letter word for a body of water enclosed partially by land

#2 any legal department that communicates via email has no need to bother me and that I await their certified letter and notification of domain dispute about the trademark infringing domain in question. (no reply it's been a while too)

However, Sony sent me a certified letter about a "mod chip??" site I hosted, their site was gone about 1.3 seconds after I read that letter.

Ignore the "lawyer", if you get a certified letter from an attorney, call the attorney, explain that until a court rules on a verdict that you will disable the site until that time. If they don't supply you with a phone number, I'd probably ignore THAT too. And yes, Sony's lawyers gave me SEVERAL numbers I could call if I had questions, I had none, well one "hey it's down, DO YOU SEE?"

Reply back and offer to host THEIR web site saying what kinda bad man the other dude is :) hahaha couldn't resist.

Hah...thanks guys.

Hey, here's a copy (edited) of the message they sent to us. It doesn't feel very professionnal at all....it's edited to preserve people's privacy but it's "sic". I would like to remind you that we have had these clients for quite a long time now and know that their contact information is real:

Subject: illegel site (from xxx xxx xxx)


yes i am head of security at xxx xxx xxx
it appears that one of your customers has posted on their site illegal information regarding the ceo of this company
site to view is http://www.xxx***********/tommy_is_a_con_man.html
this is in violation of the internet privacy law and if not removed charges will be filed i recommend shutting this site down completely as all the site owners information is false and it seems they have provided you with false information as well please take immediate action regarding this situation thank you xxx xxx xxx

If that was the EXACT copy of the email I would ignore it - the guy is "illiterate" and I doubt if he represents any company of substance.

Ignore it ;)

internet privacy law? wat dat be?

Personally I'd wait for them to send a letter via snail mail

If that is the email, Chris, then I would simply ignore it, too. That looks like it was composed by a middle school kid.

I guess my previous answer was based on the real threat of litigation (which I absolutely try to avoid). But this email only recommends that you take the site down, it does not demand it. A real lawyer would write a cease and desist letter that will make your toes curl (I know... I've been on the receiving end). .::toes curling again thinking about it::.

Originally posted by 4solutions
If that is the email, Chris, then I would simply ignore it, too. That looks like it was composed by a middle school kid.

I guess my previous answer was based on the real threat of litigation (which I absolutely try to avoid). But this email only recommends that you take the site down, it does not demand it. A real lawyer would write a cease and desist letter that will make your toes curl (I know... I've been on the receiving end). .::toes curling again thinking about it::.

I'd scan and post my letter from Sony but uhm, I'm scared they might not like that and send me another one so I'm not, they scared me :bawling:

Let's continue with this, shall we? Here's an email that my client sent to us regarding this issue...interesting!

This person is a absolute WACKO. xxxxxxx has been threatening [us] for over a week. Especially [my wife]. Hence the page. I struck a nerve
huh? I have emails and chat text to prove what I say. He has been attempting
to blackmail me also, demanding I send him weekly payments of $1000,
starting immediately. Unbelieveable!!!!! I posted this page to warn others
about him. He will do anything to get my personal info. Please do not give
him any. The information I posted on this page I got from the NS Look up
server on his domain. I also then entered that info in another server to
find his con-business's. All public documents and knowledge. This is just
the latest of his attempts to attack me. I could give you a long long list
of people who have came out of the woodwork in the last few days threatening
me. I would love to know his other demands if you can share. I understand
your position, and apologize for any concerns this has caused you. If you
need me to do anything else just let me know.
:eek: :eek: :eek: :eek:

Even though the letter clearly isnt from a real lawyer, I would still just shut down the site. Personally I wouldn't want to deal with either party involved, and instead would distance myself from the situation.