Elizabeth Muirhead wrote:
Dear Forum Moderator,
We hereby put you on notice of defamatory content currently published on the Modern Vespa website in respect of our client, R. Agius (Scooter) Ltd. Please find a letter authorising us to act on their behalf.
The forum FAQs state that users must report posts violating posting guidelines to forum moderators via an exclamation mark in the right hand corner of the post. No such exclamation mark appears on the posts containing the defamatory content so we are contacting you directly.
Please remove the following defamatory posts immediately (certain of the posts repeat defamatory content from earlier posts).
1. '[redacted]' post at 1:39pm on 20 December 2006 in 'Going to London - scooter shops worth visiting?'
The above thread can be found using the following link: [topic7635]
2. '[redacted]' post at 4:43pm on 29 September 2009 in the 'Vespa ET$ colour code? & London parts dealer' thread.
3. '[redacted]' quotes the post above at 7:14am on 5 October 2009 in the same thread.
4. '[redacted]' post at 7:43am on 5 October 2009 in the same thread.
5. '[redacted]' quotes the first post above at 11:10am in the same thread.
The above thread can be found using the following link: [topic54374]
6. '[redacted]' post at 8:28pm on 14 July 2010 in the 'Newclutch at 5500 miles' thread.
7. '[redacted]' post at 9:53am on 15 July 2010 in the same thread.
8. '[redacted]' post at 11:24am on 15 July 2010 in the same thread.
The above thread can be found using the following link: [topic68757]
You have a responsibility to ensure that content appearing on the website is not defamatory. As the website on which these postings appear, you are liable for their publication
In the circumstances, our client requires the following:
(a) the immediate removal of the postings from your website (please confirm to the writer of this email that this has been done: [redacted]@smab.co.uk);
(b) your undertaking not to repeat the allegations, or make any similar or related allegations, in any medium whatsoever.
(c) your undertaking that the authors of the posts listed above will be blocked from making any further posting on the website
We expect your response as a matter of urgency. In the meantime, all of our clients' rights are reserved, including the right to seek its legal costs and damages from you.
Yours sincerely,
Simons Muirhead & Burton
Elizabeth Muirhead
T [redacted]
F [redacted]
VISIT OUR NEW WEBSITE AT WWW.SMAB.CO.UK
SIMONS MUIRHEAD & BURTON
8-9 Frith Street, London, W1D 3JB | Tel [redacted] | Fax [redacted] | DX [redacted] Soho Square 5 | www.smab.co.uk | Disclaimer
Simons Muirhead & Burton is regulated by the Solicitors Regulatory Authority (62726)
We hereby put you on notice of defamatory content currently published on the Modern Vespa website in respect of our client, R. Agius (Scooter) Ltd. Please find a letter authorising us to act on their behalf.
The forum FAQs state that users must report posts violating posting guidelines to forum moderators via an exclamation mark in the right hand corner of the post. No such exclamation mark appears on the posts containing the defamatory content so we are contacting you directly.
Please remove the following defamatory posts immediately (certain of the posts repeat defamatory content from earlier posts).
1. '[redacted]' post at 1:39pm on 20 December 2006 in 'Going to London - scooter shops worth visiting?'
The above thread can be found using the following link: [topic7635]
2. '[redacted]' post at 4:43pm on 29 September 2009 in the 'Vespa ET$ colour code? & London parts dealer' thread.
3. '[redacted]' quotes the post above at 7:14am on 5 October 2009 in the same thread.
4. '[redacted]' post at 7:43am on 5 October 2009 in the same thread.
5. '[redacted]' quotes the first post above at 11:10am in the same thread.
The above thread can be found using the following link: [topic54374]
6. '[redacted]' post at 8:28pm on 14 July 2010 in the 'Newclutch at 5500 miles' thread.
7. '[redacted]' post at 9:53am on 15 July 2010 in the same thread.
8. '[redacted]' post at 11:24am on 15 July 2010 in the same thread.
The above thread can be found using the following link: [topic68757]
You have a responsibility to ensure that content appearing on the website is not defamatory. As the website on which these postings appear, you are liable for their publication
In the circumstances, our client requires the following:
(a) the immediate removal of the postings from your website (please confirm to the writer of this email that this has been done: [redacted]@smab.co.uk);
(b) your undertaking not to repeat the allegations, or make any similar or related allegations, in any medium whatsoever.
(c) your undertaking that the authors of the posts listed above will be blocked from making any further posting on the website
We expect your response as a matter of urgency. In the meantime, all of our clients' rights are reserved, including the right to seek its legal costs and damages from you.
Yours sincerely,
Simons Muirhead & Burton
Elizabeth Muirhead
T [redacted]
F [redacted]
VISIT OUR NEW WEBSITE AT WWW.SMAB.CO.UK
SIMONS MUIRHEAD & BURTON
8-9 Frith Street, London, W1D 3JB | Tel [redacted] | Fax [redacted] | DX [redacted] Soho Square 5 | www.smab.co.uk | Disclaimer
Simons Muirhead & Burton is regulated by the Solicitors Regulatory Authority (62726)
Elizabeth Muirhead wrote:
You have a responsibility to ensure that content appearing on the website is not defamatory. As the website on which these postings appear, you are liable for their publication
The server on which Modern Vespa resides and the owner of Modern Vespa (that's me) both reside in the United States of America and (more importantly) the Great State of California. Why is this important? Because California takes a very dim view of the frequent attempts by UK courts to abridge the First Amendment rights of US
From Wikipedia:
In October 2009, California Governor Arnold Swarzenegger signed into law protections against libel tourism. It took effect January 1, 2010. It provides that California court shall not recognize a foreign-country judgment if "the judgment includes recovery for a claim of defamation unless the court determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions" (CCCP sec. 1716(c)(9)) and other protections. (See Cal. Code of Civil Procedure sections 1716 and 1717, as amended by Chapter 579, Statutes of 2009 (SB 320 - Corbett).) (http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0301-0350/sb_320_bill_20091011_chaptered.pdf.) The law received significant bi-partisan support. (See CA Leg Counsel bill/vote records)
In other words, even if Ms. Muirhead's client were willing to push this issue into the courtroom, any judgement rendered against me in absentia would be considered null and void by the California courts, and the effort would be for naught.So no, I do not have any responsibility whatsoever to ensure that content appearing on this website meets some arbitrarily low standard of defamation from another country.
However...
In order to protect the interests of any of the named parties who might reside in the UK (and who might thereby be subject to those extremely draconian defamation laws) I am going to comply with some of these demands, though I know them to be nothing more than saber rattling.
Elizabeth Muirhead wrote:
(a) the immediate removal of the postings from your website
Elizabeth Muirhead wrote:
(b) your undertaking not to repeat the allegations, or make any similar or related allegations, in any medium whatsoever.
Elizabeth Muirhead wrote:
(c) your undertaking that the authors of the posts listed above will be blocked from making any further posting on the website
--
I have actually responded to Ms. Muirhead by email, but as of yet I have not received a reply, nor do I honestly expect to. Having already succeeded in getting the "offending" posts removed, her job of saber rattling is done and she can bill her client with the satisfaction of a job well-done. However, If I do receive any further correspondence, I will post it here in the name of complete transparency.
