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Abuse of Litigation procedure

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Solved Abuse of Litigation procedure

Post by BankBox on December 9th 2015, 1:16 am

I'm presently being harassed through the litigation tool by the subject of my forum, making outrageous claims of law breaches that do not actually exist. I want to ignore these reports, but it appears I'm not allowed to - I have to respond within 14 days (which I have done thus far). The forum is within the Terms of Service as it criticises and mocks the subject for her behaviour. If she wants it to stop she is the one who has to change and stop saying things that attract derision and criticism.

I don't know if the administrators of Forumotion are getting copies of this stuff or not, but I'm getting pretty sick of the lies she is telling - as is her habit.

My forum is olsentard.forumotion.com

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Solved Re: Abuse of Litigation procedure

Post by brandon_g on December 9th 2015, 1:42 am

Hello,

Yes when a litigation report is made, a copy goes to the litigation team at forumotion as well as the admins of the forum in question. The litigation team is the one who issued that warning in your admin panel stating you have 14 days to comply with the tos. Now did you say your forum was 'critising and mocking' her behavior? If so, that could be seen as detriment of character which does break our tos and hence what the litigation team likely issued the warning for. If your not doing that and I mis understood please forgive me. Just be sure to have your forum in compliance within those 14 days or your forum may be deleted.

-Brandon


Last edited by brandon_g on December 9th 2015, 3:31 am; edited 2 times in total


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Solved Re: Abuse of Litigation procedure

Post by BankBox on December 9th 2015, 1:51 am

Yes you have misunderstood and greviously as well. The character destruction is being done by the person herself. All we are doing is pointing it out - nothing more. All commentary is based on what SHE says. As I have said to the litigation team, if she wants this criticism to stop it is she who has to change. She's brought this on herself. It's not against any TOS to point out her faults when they are there for the world to see anyway. In fact I personally consider this a public service to warn the public about this person. I am certain that if (and that's a big if) she took it to court it would be thrown out for this reason. And I think she knows it which is why she won't do that.

I would like to be able to speak directly to the litigation team if that's possible about this in more detail.

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Solved Re: Abuse of Litigation procedure

Post by brandon_g on December 9th 2015, 2:03 am

I apologize then. Sad

Unfornatelly I don't think speaking with the litigation team directly is an option, as they work from FM's main office which is located in France. They don't have an email address that I know of. The only means of communication we have with the litigation team is through our pro admin @Buttercup , she can contact the litigation team directly (she works in the main office as well) and can then pass on information to us and the litigation team. Other then that there is really no way to communicate with them, sorry. Sad

-Brandon


Last edited by brandon_g on December 9th 2015, 3:25 am; edited 1 time in total


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Solved Re: Abuse of Litigation procedure

Post by BankBox on December 9th 2015, 2:13 am

I see you've tagged Buttercup so hopefully she can help get the message through. It can be hard when crossing country borders to understand the local culture and so forth, and the French may see us Australians as constant abusers when in fact that's not always the case - as it is here. We always mock - it's in our nature. Not a lot of other countries appreciate that. It's why I maintain the opinion I have and it's why it's important that the litigation team know this.

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Solved Re: Abuse of Litigation procedure

Post by Guest on December 9th 2015, 2:21 am

Hello,

You have to be careful of the choice of words used when criticizing any person for their behavior and/or words of their own. Calling someone out on things that they have said or done is criticism, which does not mean that you can use any words that insult or belittle them.

Pointing out inconsistencies of speech and errors of a person can be done without directly insulting them or defaming them and more in focus of expressing your opinions, rather than just making them look bad. The main problem you get into is when you allow too much emotion into your criticism or comments. That very easily can bridge the gap between acceptability and defamation of character or slander.

The easiest and most obvious thing to find that breaches our TOS is your forum's banner/title, which directly insults her and calls her a degrading name. This is, in fact, detriment of character and just calling someone a name like "retard" is not a criticism or any kind of analysis whatsoever. It's just calling her a name.

If the countdown has started, then the litigation team has found something that they deem is in breach of their TOS. As Buttercup has been tagged in this thread, she can take a look and speak with you further, if there is a means to open a communication through her about this, but until the content that is in breach of the Forumotion Terms of Service is removed, there will be no choice but to delete your forum at the end of your countdown.

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Solved Re: Abuse of Litigation procedure

Post by SLGray on December 9th 2015, 2:30 am

I just visited your forum and noticed a topic that surely breaks the Terms of Service. Someone has posted her personal information.


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Solved Re: Abuse of Litigation procedure

Post by BankBox on December 9th 2015, 11:58 pm

The information wasn't private. It was on the public domain, and in fact it is still on the public domain. That at worst is her fault for not keeping it private.

http://whois.domaintools.com/suzannelolsen.com

That's the current problem.

Leah7 (how do you tag here?), that's why I need a line to the litigation team because I need specifics. "Retard" is far from a new word for Suzi. She's been called that elsewhere for years and she's never taken any action despite numerous chances to do so. She needs help and she needs to understand just how much of a fool she is making of herself, and unfortunately that means running close to the line between criticism and a TOS breach to get that message across.

The other problem is that Suzi is a liar by habit. To have anyone believe her is dangerous (yet another reason why I need this line to the litigation team) in that it empowers her current line of behaviour that is just so wrong.

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Solved Re: Abuse of Litigation procedure

Post by SLGray on December 10th 2015, 12:02 am

The litigation team would not send a message if your forum is not breaking the Terms of Service. If you have a message from Forumotion in your administration panel then your forum is breaking the Terms of Service.

You as the founder of the forum need to know what is posted on your forum.


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Solved Re: Abuse of Litigation procedure

Post by BankBox on December 10th 2015, 1:33 am

That's not specific enough. "Private information" (for example) has NOT been mentioned in the messages sent.

Anyway - and I have said this in the answers. The TOS is not being broken and I explained why. Again, that's why I need the direct line to properly sort this out.

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Solved Re: Abuse of Litigation procedure

Post by SLGray on December 10th 2015, 1:39 am

We can not go through your whole forum looking for violations. That is why it says founders are responsible for what is posted on their forums. The litigation team looks at what has been reported then sends a message that states which part of the Terms of Service has been violated.


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Solved Re: Abuse of Litigation procedure

Post by APE on December 10th 2015, 2:00 am

I have also seen a members name in the name of C***T this is not aloud you need to ask your members not to use names like that. It is sick and not needed in any way.

you as the founder should know this and all the rules used in our TOS.

The text in your forum also has Private information of a member in it so this is to be removed or you forum will be closed down.




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Solved Re: Abuse of Litigation procedure

Post by brandon_g on December 10th 2015, 2:11 am

@Leah7 wrote:Hello,

You have to be careful of the choice of words used when criticizing any person for their behavior and/or words of their own. Calling someone out on things that they have said or done is criticism, which does not mean that you can use any words that insult or belittle them.

Pointing out inconsistencies of speech and errors of a person can be done without directly insulting them or defaming them and more in focus of expressing your opinions, rather than just making them look bad. The main problem you get into is when you allow too much emotion into your criticism or comments. That very easily can bridge the gap between acceptability and defamation of character or slander.

The easiest and most obvious thing to find that breaches our TOS is your forum's banner/title, which directly insults her and calls her a degrading name. This is, in fact, detriment of character and just calling someone a name like "retard" is not a criticism or any kind of analysis whatsoever. It's just calling her a name.

If the countdown has started, then the litigation team has found something that they deem is in breach of their TOS. As Buttercup has been tagged in this thread, she can take a look and speak with you further, if there is a means to open a communication through her about this, but until the content that is in breach of the Forumotion Terms of Service is removed, there will be no choice but to delete your forum at the end of your countdown.


I just took a look at your forum, first off as mentioned above by Leah7, your forum title/banner calls the person in question a 'retard' which is a very mean word, it is very offensive and can/is be/being considered detriment of character. You are making fun of someones intelligence in a very mean way, your whole forum seems to be based on making fun of this person. I am sorry to say this, but a forum like that deserves to be shut down and honestly I believe the litigation team is being generous in giving you 14 days. If it were me handling that report, I would have shut down the forum the instant I saw that banner. No body, I dont care who they are or what they did deserves to be made fun of and called a 'retard' PUBLICLY on any forum or website. In the usa that could so be considered 'cyber bullying' as well which is investigated by the FBI and punishable by law.


From me personally, my support of this topic stops here. Good luck in getting this resolved.


-Brandon


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Solved Re: Abuse of Litigation procedure

Post by BankBox on December 10th 2015, 9:38 am

Okay.

I get the message.

Obviously no one wants to help with the specifics (and I mean the specifics of the actual reports - which are not private information, usernames or the name of the forum).

So that witch wins again. I obviously have to take the forum down. Thanks for nothing, guys and girls. Way to support Freedom of Speech - not.

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Solved Re: Abuse of Litigation procedure

Post by Leviosa on December 10th 2015, 10:24 am

Hello dear @BankBox

I took the time to read carefully the whole conversation and I contacted to litigation team to know more about this story. This girl sent many messages to the litigation complaining about your forum. The litigation team normally manages very important issues like porn, pedo contents, download sections and all...
Normally Forumotion doesn't care of problems between members. We are not police and we don't have time to manage any conflicts between members...
However, insulting and making fun of a person in public isn't allowed (especially if some personal information are displayed).

I trust you when you say your forum is not breaking our TOS, but I prefer to tell you that if the litigation team sent you a report, it means the words you are using to speak about the person doesn't fit with our company's rules... That doesn't mean we are going to delete your forum (absolutely not).

But, you should pay attention to respect this person in the future. If you don't want to see her on your forum you are free to ban her. Once again, I am not saying that she is true and you're wrong... I don't this person. But if you don't want to have problem with her, don't allow her to access your forum. That's for me the best solution Smile

Best regards

Buttercup


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Solved Re: Abuse of Litigation procedure

Post by BankBox on December 10th 2015, 10:49 pm

Suzi doesn't respect anyone. She's a bully and she's also a stalker and always causes trouble. I have an issue with the litigation team (not you - I don't shoot the messenger) in that they have not respected the different culture Australia has. What the litigation team sees as wrong and against the TOS is in fact not when Australia's culture of laughing at people is taken into account. The words used may be insulting to the litigation team. To Australians they are not. Believe me - Suzi deserves everything she gets. She has never worked in her life (she is now 37) for no good reason - hence the label "welfare fraud" - and regularly shows a complete lack of intelligence for which there is no rational explanation. You're right when you say you don't know her. I do, and if you knew her as I do you would understand that there was nothing wrong with the forum. She asks for everything she gets and I would have thought the screenshots would have made that crystal clear - as well as the links that work (not all of them do as she removed them to protect herself, hence the screenies being taken).

There will be a new forum, and Honest Taxpayer (my fellow admin) is very angry at my decision and I don't blame him. He's in the process of collecting his blog entries, and he may need more time than the 14 days which end on December 18 Australian time. I'm already contacting the other members and all of them are annoyed, especially "C***" when I told him his user name was not allowed. It'll be a fresh start and I think I'll just let the screenies stand by themselves and control the reactions stronger. Take a conservative view, which may well cost me members to be honest.

As far as banning Suzi from the forum goes, as the forum needed to be on public display that is in fact impossible. I am yet to find an IP blocking tool on the forum and even then I need an IP to block - AND I have to be careful not to catch an established member with it.

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Solved Re: Abuse of Litigation procedure

Post by brandon_g on December 10th 2015, 11:24 pm

I think you mis understand how this how ligitation stuff works. The forumotion TOS remains the same no matter what country you are in. Whether your in Australia, the USA, Canada, UK, France or ANYWHERE else in the world is irrleveant, the same precise tos applies to all. The litigation team does not discriminate based on culture or anything like that, their decisions are based purely on whether or not the TOS has been breached. If it has, it is their JOB and RESPONSBILITY to take action, whatever that is can remain at their discretion.

As for the ip blocker, there is one in your admin panel. Its the same area as the ban by email address one is. You also do have an ip tracker which moderators and admins can use and see, however, to see it permanently there needs to be a post by a user. If an admin is in the admin panel at the same time the user is, they can see the ip that way as well, however, as soon as that admin leaves the admin panel or the user stops viewing the site, the ip will dissappear.

-Brandon


Last edited by brandon_g on December 11th 2015, 3:26 am; edited 2 times in total


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Solved Re: Abuse of Litigation procedure

Post by SLGray on December 11th 2015, 2:05 am

You might want to read what the page says when you register on a forum:

@Forumotion wrote:Forum Terms of service
The moderators of this forum will try hard to edit or remove reprehensible messages as soon as possible. However, it is impossible for them to review all the messages. You thus admit that all the messages posted on this forum express the sight and opinion of their respective authors and not those of the moderators or the Webmaster (except messages posted by them) and consequently, they cannot be held responsible of the discussions.

This forum uses cookies to store information on your computer. These cookies will not contain any personal information; they are only used to improve comfort while browsing. The address e-mail is only used in order to confirm the details of your registration as your password (and also to send you back your password if you forget it).

- Aggressive or slanderous messages, as well as personal insults and critics, the coarseness and vulgarities, and more generally any message contravening the French laws are prohibited.
- Messages who promote - or evoke - illegal practices are prohibited.
- If you post informations which come from another site
, look first if the site in question doesn't forbid it. Show the address of the site in question in order to respect the work of their administrators!
- Please post your messages only once. The repetitions are unpleasant and useless!
- Please make an effort on grammar and spelling. SMS-style language (ex: r u sk8ing?) is not advised!

Any message contravening the listing above will be edited or removed without additional notice or justification within deadlines which will depend on the availability of the moderators. Any abuse will involve the cancellation of the registration. Internet is neither an anonymous space, nor a space of no-right! We reserve ourselves the possibility of informing your access provider and/or the legal authorities of any malevolent behavior. An IP address of each poster is recorded in order to help us to make you respect these conditions.

By clicking on " I agree to these terms " below:
- You acknowledge to have fully read these current rules;
- You commit yourself to respect unreservedly these current rules;
- You grant the moderators of this forum the right to delete, move or edit any discussion subject at any moment.


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Solved Re: Abuse of Litigation procedure

Post by Leviosa on December 11th 2015, 10:17 am

All necessary information have been provided by my staff. I don't have anything more to add.
Topic solved and archived


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