Timesharetalk gets hit by injuction

Started by Boss Man, November 14, 2007, 20:44:09

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Doggy50k

Looks like someone has already passed comment too... [:0]
"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."

Murphy

Looks like their sales have been hit otherwise they wouldn't have done this!!

Well done.

Murphy

tonyg

I posted about this event on the US based Timeshareforums site under the general timeshare discussions forum and detailed commentary would be welcomed there.

FishyDave

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.

Boss Man

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.

FishyDave

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?

OldBill

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.

Boss Man


FishyDave

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.

BTDecor

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 ....


Boss Man


ladylovestravel

Ah! So thats why I couldn't find any of the posts relating to the unmentionable Tenerife Timeshare company.
The you know who company actually threatened me during a telephone call that they would take legal action- they are bullies and nothing more.
Why can't BBC's Watchdog do something about this?

Well, I don't suppose theres much more we can do on here now- God help those poor folk going to their resorts in future then.

Such a shame that the excellent service Timesharetalk provides for innocent victims has been silenced- I am very sorry this has happened.
Holiday Watchdog still has their warnings on these people so thats something.


Doggy50k

Hopefully the Boss will find some hosting where freedom of speech can be upheld...
"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."

FishyDave

It's a shame really... I was just planning on telling them to get lost next time we visit our apartment.

Based on this, I'm contemplating whether it's worth a day of my holiday just to lead them on into thinking they've got a sale, only to refuse to sign on the dotted line.  Then again, that's pretty much what we ended up doing on our last visit (though it was unintentional that time.)  Maybe when I mentioned Crimeshare (I hadn't discovered Timesharetalk at the time) I should have raised my voice a bit.

I reckon I'll just agree to an appointment with one of the reps and then forget to attend.

Boss Man

Dave,

Let me send you some site cards and then you can hand one to them and leave them around the resort.

FishyDave

I'd love to, but wasn't there at least one story involving someone being turfed out of their apartment and told to leave the island?  I have visions of the men in black turning up at my apartment if I start handing cards around the complex.

I want to hack them off, but I'm not sure it'd be in my best interests to hack them off that much.

Doggy50k

Dave - if I think it is too dodgy to hand them out, I leave small "fans" of cards in various place - makes them look official...

[}:)]


"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."

Keitht

Alternatively, leave handing cards out until your last day.  When you give them out explain to people that you were scared to hand them out earlier as the company reacts very badly to negative comment.  Tell them to visit TST for a more in depth explanation.

FishyDave

I think handing them out on the complex is a non-starter.  Even leaving it until the last day doesn't help because I already own there and plan to go back.  If I'm going to do this, then I need to do it stealthily to avoid the possibility of being victimised.

But leaving fans of the cards lying around might not be a bad idea.  Maybe I could also leave cards under the wipers of the obvious hire cars outside (and maybe a few of the RP Porsche Cayennes and other 'more money than taste' cars if I have the nerve to do it in daylight :p)

It might not stop people signing on the dotted line, but at least they could come home, log on here and realise that they have the right to cancel (a right which they expressly told me I didn't have when I asked them.)

Jeff

quote:
Originally posted by FishyDave

I think handing them out on the complex is a non-starter.  Even leaving it until the last day doesn't help because I already own there and plan to go back.  If I'm going to do this, then I need to do it stealthily to avoid the possibility of being victimised.

But leaving fans of the cards lying around might not be a bad idea.  Maybe I could also leave cards under the wipers of the obvious hire cars outside (and maybe a few of the RP Porsche Cayennes and other 'more money than taste' cars if I have the nerve to do it in daylight :p)

It might not stop people signing on the dotted line, but at least they could come home, log on here and realise that they have the right to cancel (a right which they expressly told me I didn't have when I asked them.)



You could also leave them in the bar opposite and the shop just down the hill on the other side of the road, as well as leaving some at the Oyster Catcher further down the hill [;)]

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