Legal Threat from Bray Wanderers Ltd.
I've received the following quoted legal threat (original here) yesterday, purporting to be from a Kieran Kelly, who claims to represent Bray Wanderers Ltd. (I use "purporting" and "claims" advisedly, since people have been known to send me fake "solicitor's letters" in the past. No, I'm not kidding.) The letter arrived by fax, so presumably Mr. Kelly lives in the nineties.
I'm posting it here publicly because I view the decision to skip the simple process of reporting the posts in question using the tools specifically designed for that purpose as lazy, ignorant, cowardly and even wasteful; and I refuse to deal with solicitors unless required to do so via the courts system.
I refuse to do so because of the terrible advice they often give, such as asking me to furnish the private data of Foot.ie users, which would put my company firmly in breach of the Data Protection Act. I know this because I've asked the Data Protection Commissioner; because solicitors have demanded this information from me in the past. I'm sure Mr. Kelly has made a mistake in this regard, since I'm sure he wouldn't intentionally ask someone to suborn themselves.
I've reviewed the posts in question and while I think a couple may be questionable, my ignorance on matters football - I've never denied it - preclude me from deleting them on the off chance that something might be defamatory. Therefore I will be consulting with other moderators before taking any action. I will say, however, that I absolutely won't be deleting all of them. You'd have to go massively out of your way to draw some of the implications that have been drawn.
I'll take action on this by close of business on Friday of next week, the 15th of March. In the meantime, I'd suggest that the people responsible for handling the problem in this way - and it is barely a problem - look into self-esteem counselling. People are criticised, get over it. If you can't get over it, get a job that you won't be criticised in. Or just grow a pair of balls.
The rest of ye, I don't want to see anything else in this thread that even borders on defamation while I sort this out, understand? I've had a crap week, the last thing I need is more of this nonsense. Don't come to my attention or you might get more than you bargained for.
Finally I'd like to add, to all those ahabs out there who criticise Foot.ie or me personally for the way the site is run, bitching and whining like a bunch of a little girls, calling me and mine names and throwing threats around like big men: This is why Foot.ie is run the way it is.
I get several of these a year, every year, and despite that, despite my having to spend time and money facing down wimps that can't take criticism and can't communicate for themselves, Foot.ie is still here, 12 years later, hammering away goodoh. Stick that in your pipe and smoke it.
Quote:
We have been instructed by Bray Wanderers Limited, which is the limited company which operates Bray Wanderers Football Club.
You manage and host the website "Foot.ie".
Firstly, our client wishes to emphasise that they have no difficulties or problems whatsoever with the forum such as you operate and the encouragement of discussion about matters, particularly Irish football matters and matters insofar as they concern Bray Wanderers.
Regrettably, It has come to our client's attention over the past number of weeks that there are individuals who are grossly defaming of the Club and its two directors. Mr Jack O'Neill and Mr Eddie Cox.
By way of example, on 20 February 2013 Starry Night refers to the directors of the company and describes them as "turncoats". (Post number 205). Albatross states at 206 that the Board does not run the Club. This Is grossly defamatory of the directors and suggests that they are not carrying out their fiduciary duties and responsibilities to the company. At post 214, Starry Night clearly implies that the Board are dishonest, dishonourable and act inappropriately and with improper behaviour. At post 209, there is the implication that there is widespread doping in Bray Wanderers and that there is Improper accounting going on.
Other posts which are suggestive of unlawful and disreputable behaviour on the part of the Board include those at posts 163, 172 and 177.
In the first instance, we call upon you to immediately remove the offending posts identified above. Secondly we need assurances that all posts to this thread will be properly moderated so that allegations of this nature will not be repeated in the future.
Thirdly it is our client's intention to bring defamation proceedings and whatever other proceedings It feels will be necessary against the posters, "Starry Night" and "Albatross". Accordingly, we hereby call upon you to furnish us with the details of the posters of the threads to include any email addresses, contact addresses, names and any other relevant details which would identify these people who chose to hide behind anonymous names.
We await hearing from you as a matter of urgency.