Yahoo Finance Board Participants,
Important Notice: I will not be responding or maintaining a presence with this thread.
I am currently reviewing post history to collect potential accounts of libel, defamation, and calumny. If you have threads or interactions that align with this nature, I request that you contact me in order to ensure all potential instances are recorded. Examples include:
i) Libelous statements made within the Yahoo Finance Message Board that have damaging impact on products, a company, or shareholder value.
ii) Libelous statements that resulted in realized and inferable financial losses and/or burden.
iii) Libelous statements that appear within popular search engine results through Google or Bing, thus resulting in pervasive damage.
Any examples that fit this criteria can be sent to firstname.lastname@example.org. It is imperative that examples are sent through your corresponding Yahoo ID so forthright correspondences are properly recognized.
For the last time, Im not short. But trust me, I could find a lead plantiff if I wanted. I have no desire, or ability to sue him bc I wasnt stupid enough to invest based off his posts and lose money. I'd rather feed his BS to the SEC directly and let them deal with him. I'm pretty sure someone over there has been following his posts. Along with Theo's and Sierra's.
Fun fact - you can't get away with completely making up false statements about a company just by putting a disclaimer on your post.
Ok ok ok. But here's your real problem. Since you're short and didn't incur damages, guess what... You can't be a plaintiff, nor can you file suit on behalf of others. Your real problem is trying to find that lead plaintiff. If you don't have one... Well you know the story.
Man, I can't sleep and I have Pippy to blame for it! I am dying here chuckling as I listen to Pippy's defense over and over in my head...
"Your honor, presiding jury, let me remind you that this Plaintiff woefully and willfully violated the Terms of Service that Yahoo has set forth in the collection of this evidence presented before you. That alone should invalidate this suit. While it is very true that I made those statements and did so of my own free accord, it is also true that he collected them from message board members instead of looking them up for himself! Not only is this shameful and lazy, but Yahoo rules state that this is not appropriate. Therefore I move that this suit be dismissed because Yahoo says so.... in their TOS!"
Lol, sorry had to. Of course the above is merely fictional in my own melon as I try to understand how and where this MAJOR infraction would actually be prevalent over laws preventing damaging statements either verbal or written. So the above is my opinion of how the defense would present this. Personally, I'd work on a better one. hahaha
It's actually quite hilarious that anyone believes a TOS invalidates governing law or in any way would be a subject of this potential suit. Wow, to believe it has any weight or bearing is too funny for words.
Actually, anyone can file suit for a variety of reasons. Held liable is a question for the presiding judge or jury, depending on the state laws surrounding the designation of either or request of the respondent to the suit. Would this person have the legal right to file suit based on the content of the posts that many of you have made? Possible and very probable. You should all conduct yourself as if it is truly likely.
Now, if you didn't prelude inflammatory statements with, "it's your opinion," or if it is not easily prevalent in the content of your statement, then it would seem that your disparaging remarks could be grounds for a suit. Lexi would certainly be more knowledgeable in these matters than many of us. Maybe you should ask him?
What I find quit interesting though, is regardless of the validity of the grounds of the case, should a suit be filed, it would be mostly at the liberty of the lead plaintiff to make his case in whichever location he finds most damages could have occurred. That means, that if he files his case somewhere outside of your location, guess what... You have to respond in some way to that petition in that location, meaning travel costs and arrangements or representation in that location. Quite the quandary for some of us that aren't quite as wealthy as we are trying to make out to be. Should be interesting to see what turns out of this. If anything, it would be quite a hassle to those identified.
<<if he was a real lawyer or entity he would of known the TOS of yahoo and not broke two of them right off the bat.>>
Let me repeat: Invoking the TOS of Yahoo does not trump a libel charge governed by the laws of the land! It's that simple.
Also, giving examples of other posts that are liable does not exempt you from your infraction of the law. Do you believe that, if you run a red light, you are exempt from that infraction because you can give examples of others who did just that and got away with it?