Introducing Myself + Advice Needed on "Defamation" on User Generated Content Site - Silicon Beach Australia

Message from discussion Introducing Myself + Advice Needed on "Defamation" on User Generated Content Site
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Date: Wed, 1 Jul 2009 19:20:16 +1000
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Subject: Introducing Myself + Advice Needed on "Defamation" on User Generated 
	Content Site
From: Scott Yang <sco...@yang.id.au>
To: silicon-beach-australia@googlegroups.com
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Hi Silicon Beach Australia,

A lurker here, but hopefully no more. I am writing here seeking some advice,
but I think I might as well introduce myself first.

My name is Scott Yang, a software developer based in Sydney. I guess you can
probably find out more about me by googling my name. I have basically gone
through two startups. Back in '98 to mid 2000, I was an employee of an
online gaming startup over here in Sydney, ended up being a team leader of
their backend architecture team doing Java on Solaris boxes. However online
gaming is not something I really want to get involved with, so I quit after
two years (and before the .com burst :) Count that as half a startup under
my records.

In 2001 a few colleagues from another company I worked for started our own
software company servicing the financial planners. It was pretty much
started from scratch coding-from-your-own-bedroom kind of style. It grew in
size, got a few clients, and then in 2003 the company got acquired by an ASX
listed company, and it had grown A LOT ever since. Well, it wasn't really an
"exit strategy" for me because I am currently still working as a software
architect in that company (doing mostly Python + front-end HTML/JS there),
enjoying the office environment, employee benefits, stable income, share
option, etc. However I got lots of idea in my head (+ I can code :) and
maybe -- maybe one day I will be back in the loop starting something new
again.

I started blogging in ~2000 and being a bargain-lover, I started blogging
about bargains in Australia since 2005. That blog started to grow and after
some positive response from some of my readers, I decided to transform the
site into a community site instead in October 2006 -- *OzBargain.com.au*,
which is a bargain-sharing/voting community website, with most of the
content user-generated. Similar to FatWallet or SlickDeals in US +
Digg/Reddit style voting, but for us Aussies.

That site has enjoyed some slow but steady growth over the last 2 and half
years -- mostly viral with no advertisement, no PR, and a little bit of SEO.
Last month it has grown to around 2.8 million page views with a nice side
income through Google AdSense (although still a lot less than my day job). I
still got tons of idea that I would like to implement -- if only I have the
time! (not that easy when you have a demanding day job, wife, 2 kids,
church, etc to look after). But again, who knows what will happen :)

-=-=-=-=-=-

The real reason for me to write this email is to seek some advice (probably
legal ones) on "defamation" made on a user generated content site, which in
this case is OzBargain.

What happened was that one of the merchants who posted offers on my website
DOES NOT like the idea that his offer gets voted down, and he has deemed the
comments from our members "defamotory" (although far from it in my
dictionary). He has now decided to sue us + file defamation action with fair
trading (as though I am actually trading). If he has decided to sue us --
then it is okay as we'll settle in court. But instead he has bombarded me
with threatening emails with abusive comments, called my manager at work
(but I was in annual today so didn't reach me), etc. While I am writing this
he has sent three one-line threatening emails.

I guess instead of waiting for court order, I might just call the police
instead. But just in case that the user-generated content site actually gets
sued, what kind of legal action do I have? Classic case might be Whirlpool
vs. 2Clix but I did not the follow the case so not sure how WP got away at
the end. Can anyone suggest who will be the best people to contact in
Sydney?

I know that there might be some IANAL response, and it might not be a good
idea discuss it on a public newsgroup. If you know anything, feel free to
email me directly at sco...@yang.id.au

Regards,
Scott

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Hi Silicon Beach Australia,<br><br>A lurker here, but hopefully no more. I =
am writing here seeking some advice, but I think I might as well introduce =
myself first.<br><br>My name is Scott Yang, a software developer based in S=
ydney. I guess you can probably find out more about me by googling my name.=
 I have basically gone through two startups. Back in &#39;98 to mid 2000, I=
 was an employee of an online gaming startup over here in Sydney, ended up =
being a team leader of their backend architecture team doing Java on Solari=
s boxes. However online gaming is not something I really want to get involv=
ed with, so I quit after two years (and before the .com burst :) Count that=
 as half a startup under my records.<br>
<br>In 2001 a few colleagues from another company I worked for started our =
own software company servicing the financial planners. It was pretty much s=
tarted from scratch coding-from-your-own-bedroom kind of style. It grew in =
size, got a few clients, and then in 2003 the company got acquired by an AS=
X listed company, and it had grown A LOT ever since. Well, it wasn&#39;t re=
ally an &quot;exit strategy&quot; for me because I am currently still worki=
ng as a software architect in that company (doing mostly Python + front-end=
 HTML/JS there), enjoying the office environment, employee benefits, stable=
 income, share option, etc. However I got lots of idea in my head (+ I can =
code :) and maybe -- maybe one day I will be back in the loop starting some=
thing new again.<br>
<br>I started blogging in ~2000 and being a bargain-lover, I started bloggi=
ng about bargains in Australia since 2005. That blog started to grow and af=
ter some positive response from some of my readers, I decided to transform =
the site into a community site instead in October 2006 -- <b><a href=3D"htt=
p://OzBargain.com.au">OzBargain.com.au</a></b>, which is a bargain-sharing/=
voting community website, with most of the content user-generated. Similar =
to FatWallet or SlickDeals in US + Digg/Reddit style voting, but for us Aus=
sies.<br>
<br>That site has enjoyed some slow but steady growth over the last 2 and h=
alf years -- mostly viral with no advertisement, no PR, and a little bit of=
 SEO. Last month it has grown to around 2.8 million page views with a nice =
side income through Google AdSense (although still a lot less than my day j=
ob). I still got tons of idea that I would like to implement -- if only I h=
ave the time! (not that easy when you have a demanding day job, wife, 2 kid=
s, church, etc to look after). But again, who knows what will happen :)<br>
<br>-=3D-=3D-=3D-=3D-=3D-<br><br>The real reason for me to write this email=
 is to seek some advice (probably legal ones) on &quot;defamation&quot; mad=
e on a user generated content site, which in this case is OzBargain.<br><br=
>What happened was that one of the merchants who posted offers on my websit=
e DOES NOT like the idea that his offer gets voted down, and he has deemed =
the comments from our members &quot;defamotory&quot; (although far from it =
in my dictionary). He has now decided to sue us + file defamation action wi=
th fair trading (as though I am actually trading). If he has decided to sue=
 us -- then it is okay as we&#39;ll settle in court. But instead he has bom=
barded me with threatening emails with abusive comments, called my manager =
at work (but I was in annual today so didn&#39;t reach me), etc. While I am=
 writing this he has sent three one-line threatening emails.<br>
<br>I guess instead of waiting for court order, I might just call the polic=
e instead. But just in case that the user-generated content site actually g=
ets sued, what kind of legal action do I have? Classic case might be Whirlp=
ool vs. 2Clix but I did not the follow the case so not sure how WP got away=
 at the end. Can anyone suggest who will be the best people to contact in S=
ydney?<br>
<br>I know that there might be some IANAL response, and it might not be a g=
ood idea discuss it on a public newsgroup. If you know anything, feel free =
to email me directly at <a href=3D"mailto:sco...@yang.id.au">sco...@yang.id=
.au</a><br>
<br>Regards,<br>Scott<br>

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