"which basically bans free unbiased speech on his forum."
That's my favorite part about the reference to Frank. They neglect the fact that this is a private forum that is owned and operated by Frank. Sniper's Hide being a private entity means there is no legal requirement to allow free speech.
The suit is absolutely ridiculous on all grounds they allege and obviously fighting is the proper course, it just sucks that TR is subjecting the involved parties to this crap.
IMO this action is without merit. There is a 5-8 page thread somewhere of endless unsatisfied buyers of Cheaper Than Dirt. Which was active during a time when their advertising banners were prominent supporters of this site. I've seen numerous other examples. Numerous.
I've been banned and have given a small donation to the defense fund.
Having said that. The fact that this is a private forum is irrelevant and immaterial to this claim.There are forums like this for everything from sewing to quilting, to skidsteers to earthmoving and hunting to this one. Almost all are privately, for profit, owned.
Be it a co-op, a corporation or even a charity. You can't create a space. Be it a internet forum, a billboard, newspaper or any other means to communicate or distribute information or points of view. With the intent of destroying or inhibiting a persons legitimate right to business, a job, or to operate lawfully. Private ownership of SH is not a legal firewall to this claim.
Cabelas, Amazon, etc. all have areas on their sites for reviews of products, books, scopes and rifles. Some reviews are pretty bad. If Cabelas decided for corporate reasons to only allow bad reviews of Leupold scopes in order to only sell its own private label scopes. They might face a claim in the courts.
I have seen product bashing and gun bashing threads get deleted here. Usually its because it degenerated into stupid name calling and personal stupidity. On balance poor products get disclosed to the four winds quickly without a shadow to hide behind. Thats why we are here.
I would never want to see a small business have its legitimate right to existence threatened by another. Or any infringement of commerce by the powerful upon the weak.
IMO the claim is without merit. For the aforementioned reasons.
The pleadings seem fairly concise.Not specifically intended to attack this site but instead reflecting the thinking and personality of I'm right, you're wrong. If you don't like my products, too bad I have your money.I have other things to do so I can ignore your complaint(s).Its the wrong way to go about dealing with the endless product complaints against TR. Foolishly wrong.
This should not take long to resolve in favor of SH in the courts. But remember. The law is a ass.
The law is an ass