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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
 offline
5733 Posts |
 Posted - 14/11/2007 : 20:44:09
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Today ourelves and our ISP were hit with a court injuction to remove posts concerning a certain company.
The site has been off since around 12pm GMT and we apologise for any convenience caused.
The site will now strictly be monitored and any posts concerning the company will be removed without notice.
I am sure you can understand our position on this.
Thank you for your understanding |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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heather
Advanced Member
Canada
offline
1101 Posts |
Posted - 15/11/2007 : 01:50:32
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| Yes, the position is understood, of course. Just when you are doing the industry a ton of good by raising awareness, this happens. It's very sad. |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 15/11/2007 : 07:41:34
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A court obviously does not think so (must have been one of those mad judges like the one that decided the fate of a families children in a divorce case by the flip of a coin).
I am now looking at "freedom of speech" hosting in the US to try and escape this. |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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Val
Advanced Member
Supporting Member
47 Points
United Kingdom
offline
827 Posts |
Posted - 15/11/2007 : 19:53:02
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| Wondered why I couldn't get into site yesterday. Because you started the site the the awareness of Timeshare both good and bad in the UK and now worldwide has been brought to the fore. Hope all gets sorted soon. Keep up the good work and blow (poilte) the other company. |
Val
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Old Heads are like Old Horses. They need constant exercise
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acer
New Member
United Kingdom
offline
87 Posts |
Posted - 15/11/2007 : 20:24:11
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| Can you give more details ie who applied for the injunction, the terms of injunction etc. Whilst most contributors will respect the requirements of the injunction, background details may help interested parties perhaps to lobby in appropriate fora in order to expose this attempt to restrict freedom of speech and expression of opinions. |
ff |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 15/11/2007 : 20:49:15
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Sorry Acer, I cannot mention their name on the site, but to say they are a well known developer with 4 (5 ?) resorts in Tenerife.
I have been to the resort. Properties in the area are great and of very high standards.
Next time though, maybe they can be grown up and read the terms and conditions of use of the site where it clearly states the procedure for notification of objectionable material, instead of jumping on me with a pair of size 12 without even bothering to contact me. |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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Doggy50k
Senior Moderator & Quiz Master
Supporting Member
1298 Points
United Kingdom
offline
5162 Posts |
Posted - 15/11/2007 : 21:25:20
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quote:
Originally posted by Timesharetalk
Next time though, maybe they can be grown up and read the terms and conditions of use of the site where it clearly states the procedure for notification of objectionable material, instead of jumping on me with a pair of size 12 without even bothering to contact me.
Well said Boss - like the new avatar btw 
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"You know; the very powerful and the very stupid have one thing in common. They don't alter their views to fit the facts. They alter the facts to fit their views. Which can be uncomfortable if you happen to be one of the facts that needs altering." |
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tonyg
Advanced Member
USA
offline
658 Posts |
Posted - 15/11/2007 : 21:51:22
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| Sad situation for freedom of speech. Hey, bossman, that new avatar is very much like the one I use on TUG. Get ready for another injunction. |
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tomkat
Junior Member
United Kingdom
offline
106 Posts |
Posted - 16/11/2007 : 00:37:51
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Taking out an injunction is a very cowardly way for the unmentionable company to act. Its for those with deep pockets to pay expensive lawyers and it indicates that the postings they object to are probably true.
If they don't like the comments then the democratic process is to post to the site themselves, refuting the comments made and explaining why they are incorrect. If they are half as good with the written word as they with their verbal skills in selling to the punters then they should have no problem in winning the argument. Alternatively, if the adverse postings are true then they would be better occupied in putting effort into mending their ways,then the bad publicity would end.
This seems to confirm my theory that the unmentionable company is the main driving force behind the campaign to close the unmentionable site where they often got star billing. |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 16/11/2007 : 07:23:45
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Bring it on Tony, I'm sure no judge would grant an injuction ! But I woulder if Einstein's heirs could ?
Tomkat,
Well said, but like many things in this life, money gets what you want !
And yes you are correct on your last line. |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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acer
New Member
United Kingdom
offline
87 Posts |
Posted - 16/11/2007 : 07:30:07
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| Presumably the company felt that some of the comment amounted to libel and although the standard of proof is quite low (balance of probability), there is no defence in iniquity, which means if there is truth in the comments, the company cannot use the law to suppress this truth! |
ff |
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Keitht
Advanced Member
Supporting Member
270 Points
United Kingdom
offline
1852 Posts |
Posted - 16/11/2007 : 17:28:47
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| The stupid thing about the whole injunction situation is that there is absolutely nothing to stop anybody from reporting that fact, along with all the details of the company, on a board hosted in the US. All the company is likely to have achieved is to raise its profile in a negative way. |
Regards
Keith |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 16/11/2007 : 18:29:20
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| Exactly Keith and thats why I am probably moving (again) |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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Mavo
Moderator
United Kingdom
offline
5159 Posts |
Posted - 16/11/2007 : 22:44:42
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quote:
Originally posted by Timesharetalk
Exactly Keith and thats why I am probably moving (again)
Does this mean that we will soon be able to do a real job on these people and in fact they have just scored a brilliant own goal?
If so I will book a presentation holiday at Golden Sands, Malta |
tomeluk |
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Carolinian
Moderator
offline
728 Posts |
Posted - 17/11/2007 : 20:06:11
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| Someone should give a heads up on who this is to Streettalk in the US. That would get the message out on the little nazis. |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
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Keitht
Advanced Member
Supporting Member
270 Points
United Kingdom
offline
1852 Posts |
Posted - 17/11/2007 : 21:54:02
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| What's the URL for Street talk? |
Regards
Keith |
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splot
Junior Member
United Kingdom
offline
107 Posts |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 18/11/2007 : 12:36:05
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| What I meant to say was, already informed Andrea. It's not on the blog yet though. |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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Keitht
Advanced Member
Supporting Member
270 Points
United Kingdom
offline
1852 Posts |
Posted - 18/11/2007 : 15:00:43
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| It is on the blog now. |
Regards
Keith |
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Doggy50k
Senior Moderator & Quiz Master
Supporting Member
1298 Points
United Kingdom
offline
5162 Posts |
Posted - 18/11/2007 : 15:58:55
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Looks like someone has already passed comment too...  |
"You know; the very powerful and the very stupid have one thing in common. They don't alter their views to fit the facts. They alter the facts to fit their views. Which can be uncomfortable if you happen to be one of the facts that needs altering." |
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Murphy
Junior Member
United Kingdom
offline
141 Posts |
Posted - 19/11/2007 : 11:07:42
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Looks like their sales have been hit otherwise they wouldn't have done this!!
Well done.
Murphy |
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tonyg
Advanced Member
USA
offline
658 Posts |
Posted - 20/11/2007 : 02:23:51
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| I posted about this event on the US based Timeshareforums site under the general timeshare discussions forum and detailed commentary would be welcomed there. |
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FishyDave
New Member
United Kingdom
offline
80 Posts |
Posted - 21/11/2007 : 13:59:54
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I'd just like to add my support, hopefully without overstepping the mark and getting the site into deeper water.
It's a sad fact of UK libel law that simply knowing something isn't good enough - you have to be in a position to prove it beyond doubt. This puts a lot of forum owners in a very tricky situation indeed, as they end up being held accountable for assertions made by their members that they (the site owners) aren't in a position to prove. I can only see this sort of thing happening more and more often in the future.
I think it's worth taking a link out of the Bittorrent sites' books. When Demonoid was taken down by the MPAA / RIAA, it reopened in an 'untouchable' country (I forget where the server ended up, but I recall the administrative contact was somewhere in the former Soviet Union.) Looking at them now, it seems that both their hosting and administrative contact are listed as being in Brazil. In fact, a whois on Demonoid.com now shows that they're operating behind a 'privacy protection service.' Maybe that'd be worth looking into.
I don't think hosting the site abroad will be sufficient, as long as a UK citizen is identified as being at the helm. I suppose this leads to a dilemma that the current owner of the domain might lose control.
It's a tricky one. |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 21/11/2007 : 15:10:21
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Fishy
Demonoid is in fact down again.
"The popular Demonoid.com, a semi-private BitTorrent tracker, has been taken offline. Both the torrent tracker and the site have been unresponsive for over twenty-four hours. Although there has been no official word, or statement from the Demonoid administrators, TorrentFreak claims that the Canadian Recording Industry Association (CRIA) is responsible for the downtime, but the CRIA has refused to comment (see update below).
TorrentFreak reports that it contacted some of the Demonoid administrators, but even they are not yet sure what happened to the site.
If it does turn out to be the CRIA, this won’t be the first time Demonoid has suffered major downtime due to pressure from the recording industry. Earlier this year Demonoid moved its servers from The Netherlands to Canada after a Dutch anti-piracy group filed a subpoena demanding the site’s ISP remove Demonoid and cough up the administrator's identities.
It would seem that Canada is not the safe harbor Demonoid was seeking and we suspect that the site will likely move its servers again."
A privacy service only hides your name and address unfortunately, the host can still be hit with a court injunction instead.
No matter where the site is, if the viewer is in the UK, the offence has happened in the UK and is covered by UK law. The problem they do have is enforcing the UK law on a foreign host. |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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FishyDave
New Member
United Kingdom
offline
80 Posts |
Posted - 21/11/2007 : 16:49:39
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Rats! A bad example to choose then! I must admit that I haven't used Demonoid for ages, I just remember it as being one of the first sites brought down by the MPAA and RIAA and how it quickly rose from the ashes again.
Though surely if they can't find a UK citizen responsible for managing the website and the site is hosted overseas too, it's going to be very difficult to pursue this in the UK courts. Or am I oversimplifying things a little?
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OldBill
Advanced Member
Supporting Member
68 Points
United Kingdom
offline
1677 Posts |
Posted - 21/11/2007 : 16:51:34
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| Would it be possible to have a definitive list of all the trading names covered by the injunction on a locked sticky thread on, say, Shark Alley? Then we would know which suppliers to avoid.......posting about. |
OldBill |
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
Posted - 21/11/2007 : 17:00:06
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| Sorry, no. See my email |
Timesharetalk Resort Directory - All the information you need from over 5000 RCI and II resorts |
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FishyDave
New Member
United Kingdom
offline
80 Posts |
Posted - 22/11/2007 : 13:06:53
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Okay, another thought in the meantime...
Is it possible for the 'banned word or phrase' message relating to this company to include a link to this thread? That way if anyone new posts a question about the company, they'll be redirected to this discussion and realise that the site has been muzzled. Of course, they'd have to draw their own conclusions as to why.
That's effectively happening now, or at least Doggy kindly posted a link pointing me in this direction when I asked why I suddenly wasn't allowed to mention this company by name. As the name still isn't being mentioned, surely this would comply with the injunction. |
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BTDecor
Starting Member
United Kingdom
offline
11 Posts |
Posted - 22/11/2007 : 18:02:54
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What a development ... I am surprised they have bothered ... as most people only realise after the event what they have invested in.
Such a nice place ....
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Timesharetalk
The Boss Man
Supporting Member
1400 Points
United Kingdom
offline
5733 Posts |
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