Latest development in Shanus v. REA

[Peter_Spaeth]

Originally Posted by tbob

IMHO, if REA can truly prove that it did indeed lose money because of this quote on the Net 54 Board, one would have to think it could have a chilling effect on poster commentary. I don't have a dog in this fight but the outcome is going to be very interesting.

REA has to establish both liability and damages. In my personal opinion, just based on the language of the post, it will be very difficult to establish that a comment about the potential pitfalls of consigning 19th century memorabilia to auction houses was libelous.

[tbob]

Originally Posted by Peter_Spaeth

REA has to establish both liability and damages. In my personal opinion, just based on the language of the post, it will be very difficult to establish that a comment about the potential pitfalls of consigning 19th century memorabilia to auction houses was libelous.

Peter- I agree absolutely. My comment was that IF REA were able to prevail on its counterclaim, that posters would really be gun-shy about what they posted on the board. I did not mean to imply that I felt they WOULD prevail, only that IF they did it would have a chiiling effect on comments in the future. There are may different reasons to file a counterclaim in ANY case, not only the honest belief that the party being sued is actually the aggrieved party but also occasionally an attempt to derail the opposition's claim or try and muddy the water by obfuscation.
As mentioned previously the issue of an exact determination of damages appears to me to be very speculative, IF the counterclaimant managed to get over the hurdle of liability in the first place.
Leon- I agree with you also and it has long been your policy to patiently but firmly caution posters to realize the possible ramifications of what they might post on this board.