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IAIN Eternal Order england 18807 Posts 
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Tune in next week folks, for "monkeys at large, in forum court...".
I've asked to be banned
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Peter_turner V.I.P. Bradford, West Yorkshire 1355 Posts
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Libel? that's preposterous
I will not be publicly apologising for the post about the product, because what some may consider fair and what I consider fair may be two very different things. If Prager has taken any offence to my post (that is a different kettle of fish), I apologise for any hard feelings he may have. He got some free publicity out of it (I hope this is taken as a joke)
Pete |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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There was absolutely nothing in the OPINION expressed in the first post that even comes close to meeting the elements of libel.
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Davit Sicseek Inner circle 1818 Posts
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If a court deemed it to be an 'opinion' then you may be right. There is nothing in the allegation that Penguin/Prager put out "lies" that suggested it was an opinion, nor did Peter make it clear that he wasn't in possession of full information. Looks like a statement of 'fact' to me - and the allegation of being a liar and the consequences that flow from such an allegation certainly tick the libel boxes. Either way - if it was my product, I'd be more than a little annoyed for it to be claimed that such promotional material is "lies".
Peter: Quote:
I will not be publicly apologising for the post about the product, because what some may consider fair and what I consider fair may be two very different things. So what exactly do you think is unfair? You are accusing him of miss-selling and being a liar. These are pretty serious allegations. I don't see him doing either of those things in regard to this product - and you even agreed in your second post that my assessment of the situation was 'perfect'. What has changed? If you are selling an effect that doesn't live up to repeated, slow motion, video viewings (which is quite legitimate) - then you can't really show the delicate moment on the promotional video. Iain tells me that I'm a bright guy - but I am confused.
Send me the truth: davitsicseek@gmail.com
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Davit- The TITLE that Pete gave to this thread is "OPINIONS on the misell of products."
What isn't clear about that? |
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Davit Sicseek Inner circle 1818 Posts
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Prefixing a defamatory statement with an the word "opinions" (several paragraphs earlier) doesn't give you a license to spit out defamatory statements till your heart is content. The allegation of lying is deemed a falsifiable statement and save in a few circumstances is not an 'opinion' in the legal sense of the word.
Legal jousting aside - do you not think Peter is out of line here?
Send me the truth: davitsicseek@gmail.com
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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I am fully aware of the legal sense of the word. I am an attorney, after all.
I have stated in a previous post, what my thoughts are regarding the use of video advertisements. While I don't quite understand how Penguin's statement constitutes a "lie," nor do I see anything, that I would call "out of line" in Peter's statement, which is clearly just opinion. Here is the original post: Quote:
Is it just me or are other people pi*sed of with the way products are being sold these days? It is clear from the start that he is not attacking the creator at all, but the written blurb on the Penguin site. In other words, he is attacking an commercial ADVERTISEMENT, not an individual. It is Penguin who wrote the part that Pete is attacking. I am not aware of any application of libel law that has awarded a judgment against someone who has questioned the veracity, wording, etc. of a commercial advertisement. That sort of thing is done all the time on this very forum. You yourself have attacked many ads (AND INDIVIDUALS, I might add) that in your OPINION were less than ethical in the way they promoted or advertised products. Good thoughts, Bob |
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IAIN Eternal Order england 18807 Posts
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Oh davit, belt up old son...you must be bored (again)...
big difference between thinking someone is out of line vs claiming legal action...
I've asked to be banned
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Davit Sicseek Inner circle 1818 Posts
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I'm not interested in the legal argument. Its all moot anyway (ho ho) since I can't imagine a international defamation case between two small time mentalists ever getting anywhere. I guess my point is that this is an example of being "severely out of line" which is certainly where legal action would be called for.
Maybe its be being a troublesome old goat - but to claim 'miss-selling' and 'lies' (notwithstanding the word 'opinion') when it is clear to see this isn't the case is pretty poor form. Granted, when I feel someone is being unethical I will pipe up - but I'd wager that in the vast majority of cases I am right on the money, not to mention the fact that 'being unethical' is not a disprovable statement (and therefore IS an opinion) - unlike 'being a liar'.
Send me the truth: davitsicseek@gmail.com
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JohnWells Inner circle The Southern Wild 1791 Posts
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I'm still not clear on a salient point. Is this a new method, as claimed in the advert?
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Dr Spektor Eternal Order Carcanis 10781 Posts
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Eek eek!
How many mentalist monkeys does it take to peel a banana? eek eek!
"They are lean and athirst!!!!"
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Davit-
You are clearly missing one major point. You keep saying that Pete has said something about Jose. (I assume they are the two you condescendingly referred to as 'small time mentalists'.) But the fact of the matter is that Pete makes clear IN THE ORIGINAL POST, which I've already cited once, that his argument is with the editing and ad copy by Penguin AND NOT WITH JOSE. Again, from the first post: Quote:
The following excerpt is not an attack on the indervidual (as I know he didn't edit the video). Its the foot note I couldn't believe on penguins site. Where, then, is the alleged libel against Jose? |
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Peter_turner V.I.P. Bradford, West Yorkshire 1355 Posts
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Thank you Bob,
You are a real gem
I am glad you can see I have no malicious intent. You are a real kind heart! Pete "let me take you down coz I'm going to strawberry fields". |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts
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Quote:
On 2012-03-05 17:26, Peter_turner wrote: My girlfriend says I'm a real treasure. (And that if I don't watch out, she's going to make me a buried treasure.) :eek: |
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| The Magic Cafe Forum Index » » Penny for your thoughts » » Opinions on the misell of products. (0 Likes) | ||||||||||
| Go to page [Previous] 1~2~3 | ||||||||||
Posted: Mar 5, 2012 06:04 pm 
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