I would not be too worried about law suits. Mainly when people who announce they will file charges are unable to write a single correct sentence. If you get threats I recommend to forward them to abuse@theprovider because you do not have to take this from people who make money from fakes. It's not really a surprise that they try to "strike back" but I would think you are not doing anything illegal.
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[QUOTE][QUOTENAME]Mr. Scully wrote: [/QUOTENAME]Indeed, I will put a disclaimer in the bottom to make sure everybody understands what it's all about. I know accusing them of faking is not 100% legal but saying "I think this one is fake" should be OK even in the USA :-)
One guy (who wrote me about "cutting your fucking balls off) also claims to be a friend of Roger... nice friends this Roger has :-)
[/QUOTE]
You might want to point out to people like that, that making threats of physical harm via the internet is a crime - at least in the U.S. of A. - and that they should expect a call from your lawyer :-)
One guy (who wrote me about "cutting your fucking balls off) also claims to be a friend of Roger... nice friends this Roger has :-)
[/QUOTE]
You might want to point out to people like that, that making threats of physical harm via the internet is a crime - at least in the U.S. of A. - and that they should expect a call from your lawyer :-)
The only risk I see is if you mistakenly label "fake" an authentic autograph, in which case you'd be committing tort (libel, to be more precise). But as long as you're absolutely sure...
There's a significant difference though - he can state that, in his opinion, an autograph someone is selling is not authentic without libeling the seller if he does not go so far as to allege that the seller is knowingly attempting to pass off a known forgery as the genuine article to an innocent buyer i.e. attempting to knowingly perpetrate a fraud. He can just say "based on reasons x, y, and z, I don't think Seller Smith's autograph is genuine" and leave it to his readers to reach their own conclusions about the seller's intent.
[QUOTE][QUOTENAME]Penetration_Guru wrote: [/QUOTENAME]Ah, Americans - they think they can sue people in Europe.
If anyone actually managed to sue yous you, just let them know that Brian May, Roger Taylor & John Deacon will be called as witnesses...[/QUOTE]
You have to pay the witnesses in WWRY tickets. That's their internal currency.
If anyone actually managed to sue yous you, just let them know that Brian May, Roger Taylor & John Deacon will be called as witnesses...[/QUOTE]
You have to pay the witnesses in WWRY tickets. That's their internal currency.
[QUOTE][QUOTENAME]Sebastian wrote: [/QUOTENAME]The only risk I see is if you mistakenly label "fake" an authentic autograph, in which case you'd be committing tort (libel, to be more precise). But as long as you're absolutely sure...[/QUOTE]
Yes, of course it's possible that I might label fake as genuine and that's why I have decided not to issue any kind of certificates at all.
Mr Faron Hyte - good point.
I will rewrite the ebay section later today...
Yes, of course it's possible that I might label fake as genuine and that's why I have decided not to issue any kind of certificates at all.
Mr Faron Hyte - good point.
I will rewrite the ebay section later today...
On your site put a question mark after the word Fake as you do if you believe an item is genuine, thus making it a question to the viewer rather than a statement of fact.
Advertisers use this tool a lot to skirt around legal issues.
Advertisers use this tool a lot to skirt around legal issues.
[QUOTE][QUOTENAME]Mr Faron Hyte wrote: [/QUOTENAME]There's a significant difference though - he can state that, in his opinion, an autograph someone is selling is not authentic without libeling the seller if he does not go so far as to allege that the seller is knowingly attempting to pass off a known forgery as the genuine article to an innocent buyer i.e. attempting to knowingly perpetrate a fraud. He can just say "based on reasons x, y, and z, I don't think Seller Smith's autograph is genuine" and leave it to his readers to reach their own conclusions about the seller's intent.[/QUOTE]
Yes, it's correct that stating that an autograph (or recording, etc) is fake doesn't necessarily mean the seller is being considered a crook; but, as far as I know, Martin could be accused of defamation even if he's merely "implying" so. It'd all depend on how manipulative and convincing those "lawyers" are ;)
Yes, it's correct that stating that an autograph (or recording, etc) is fake doesn't necessarily mean the seller is being considered a crook; but, as far as I know, Martin could be accused of defamation even if he's merely "implying" so. It'd all depend on how manipulative and convincing those "lawyers" are ;)
Mr. Scully:
You have nothing to worry about. As a couple people have correctly pointed out, in order to bring suit against you, they would have to proove that their autographs are real, which would take either (1) the actual signor or (2) the signor's representative to testify on the autograph dealer's behalf.
The chance of that happening is about 5%
Now, let's factor in international trade laws.
And also that you can't sue somebody for slander or libel over the internet very easily without it getting very costly for the one brining suit. Are these guys making $100,000/year selling Freddie fakes? I doubt it.
SOLUTION:
1. Publish their letters on your site right next to their fakes. Include their phone numbers and addresses.
2. Subscribe to a gay porn magazine to their address. Some of these dirtball mags are only $10 a year.** Well worth it if you ask me.
3. Start using their email address on "chain e-mails" you receive while carefully removing yours.
4. You know those African princes that have 50million they'd like to split with you? Again, give them email addresses, phone numbers, addresses, etc. They really like more than one way to get ahold of you.
5. Call a suicide hotline, act really depressed, give 'em his phone number, then get emotional and hang up.
I once received a package from "Grandstand Sports". Apparently I had bought a Men At Work T Shirt from them a couple of years previously. Anyways, someone with my name ordered some crap and they accidentally sent it to me. When I saw the signature on the Pete Sampras tennis ball, I decided to keep everything and tell them to F-off! Since I didn't order it, legally I was allowed to dispose of the merchandise. I played tennis with the ball, since it's not even close to the racquet that Pete signed for me personally five years earlier.
They are rats. Nothing more.
(** or so I hear)
You have nothing to worry about. As a couple people have correctly pointed out, in order to bring suit against you, they would have to proove that their autographs are real, which would take either (1) the actual signor or (2) the signor's representative to testify on the autograph dealer's behalf.
The chance of that happening is about 5%
Now, let's factor in international trade laws.
And also that you can't sue somebody for slander or libel over the internet very easily without it getting very costly for the one brining suit. Are these guys making $100,000/year selling Freddie fakes? I doubt it.
SOLUTION:
1. Publish their letters on your site right next to their fakes. Include their phone numbers and addresses.
2. Subscribe to a gay porn magazine to their address. Some of these dirtball mags are only $10 a year.** Well worth it if you ask me.
3. Start using their email address on "chain e-mails" you receive while carefully removing yours.
4. You know those African princes that have 50million they'd like to split with you? Again, give them email addresses, phone numbers, addresses, etc. They really like more than one way to get ahold of you.
5. Call a suicide hotline, act really depressed, give 'em his phone number, then get emotional and hang up.
I once received a package from "Grandstand Sports". Apparently I had bought a Men At Work T Shirt from them a couple of years previously. Anyways, someone with my name ordered some crap and they accidentally sent it to me. When I saw the signature on the Pete Sampras tennis ball, I decided to keep everything and tell them to F-off! Since I didn't order it, legally I was allowed to dispose of the merchandise. I played tennis with the ball, since it's not even close to the racquet that Pete signed for me personally five years earlier.
They are rats. Nothing more.
(** or so I hear)
Micrówave - LOL @ gay porn magazine :) Actually I did have this idea before but never used it in real life :) Time to do it I guess :)
[QUOTE][QUOTENAME]Micrówave wrote: [/QUOTENAME]2. Subscribe to a gay porn magazine to their address. Some of these dirtball mags are only $10 a year.** Well worth it if you ask me.
(** or so I hear)[/QUOTE]
Yeah, right ;)
(** or so I hear)[/QUOTE]
Yeah, right ;)
Hall of shame -> eBay sellers
Dobrý žert, Martin! ;)
Dobrý žert, Martin! ;)
Yep, I have just rewritten the Hall Of Shame section and added a disclaimer in the bottom of the site... that should be more than enough :)
[QUOTE][QUOTENAME]Mr. Scully wrote: [/QUOTENAME]As most of you know, I have a certain site that deals with Queen autographs, especially fakes - www.QueenAutographs.com. Now I've been getting A LOT of threats from dealers of fake autographs recently. They want to sue me, to cut my legs off, to force ebay close my account etc. etc. Could any lawyer browse my site thoroughly and let me know if there's anything illegal there? I tried to write all accusations as "my opinion only" but I may have overlooked something. Thanks in advance.
(Btw. it seems like "my lawyer will call you" is a common sentence in the USA, something like "how are you" in other countries... :-)[/QUOTE]
Ducksoup and I both study law, and I can agree with the things he told.
There is one more thing I would like to add. When people scream: "My lawyer will call you" they do this mostly because THEY KNOW they don't have a strong case at all. You shouldn't be too worried about it.
As long as you don't receive a summon there is nothing to worry about at all. And please keep in mind that these persons who sell these fakes will have to go to a lawyer themselves if they want to send a summon. This will cost them hundreds of Euro's and I am sure they don't want to spend money on it....They only try to fear you.
Hope it helps, keep up the good work.
(Btw. it seems like "my lawyer will call you" is a common sentence in the USA, something like "how are you" in other countries... :-)[/QUOTE]
Ducksoup and I both study law, and I can agree with the things he told.
There is one more thing I would like to add. When people scream: "My lawyer will call you" they do this mostly because THEY KNOW they don't have a strong case at all. You shouldn't be too worried about it.
As long as you don't receive a summon there is nothing to worry about at all. And please keep in mind that these persons who sell these fakes will have to go to a lawyer themselves if they want to send a summon. This will cost them hundreds of Euro's and I am sure they don't want to spend money on it....They only try to fear you.
Hope it helps, keep up the good work.
Thanks. I'm not worried at all after I changed the headlines on my site and added the disclaimer.
I'm more curious about the fucker who claimed to be Roger Taylor's friend. Other dealers seem to trust him, they keep on telling me "RT will take care of it" etc. Even if it's true, I somehow doubt Roger would be interested in some arguments about fake autographs...
I'm more curious about the fucker who claimed to be Roger Taylor's friend. Other dealers seem to trust him, they keep on telling me "RT will take care of it" etc. Even if it's true, I somehow doubt Roger would be interested in some arguments about fake autographs...