Obes, your mum said to say hi.

which first?

This looks like the original thread that caused the s*** fyi

imo by 2clix doing this legal axn bs they have given themselves more bad publicity than a whingy wp thread would have ever done.

The heart of Injurious Falsehood is that the statement if false - as the name suggest. If WP can establish the statements were true, or statements of opinion (rather than fact) they should be off the hook.

Another interesting issue will be the operators responsibility for the comments of members to the site. Not sure if this has been considered before anywhere

Considering how many applications, tv shows, and other money making ventures we scrutinise on this forum (with serious inquisition), I'm surprised we're not all sued already

I wonder how sites like epinions.com get away without being harassed by law suits

last edited by Idol at 11:59:59 12/Sep/07

News.com.au story link

that's not slander cos it can be proved.

Whirlpool is a regular knobfest at times. Too many have too much to say with so little upstairs. If they culled the wasted spaces there would be a core of about 200 users left. Then I'd consider it's forum worthy of it's reputation.

I actually have little sympathy. The mods should have realised that the comments made in that thread were becoming hysterical and had evolved into a witch hunt. The grievences should and could have been better dealt with in private with the said company. Whether that be through the users own legal aveues or through mediation with the company. It should never have come to publishing private emails on a public website and allowing them to stand. As far as I am concerned that's shoddy prefessionalism on Whirlpools behalf and in my opinion heresy for a public forum.

Many of the posters had nothing to do with the software company or it's products and yet sill felt the need to get on the bandwagon with absolutely no knowledge of the situation. All this crap "I'm an IT Professional, all of about 5 minutes, think this company should blow up". "How dare they release software with bugs, I never ever do. I'm a gun programmer.", would be tragic if it wasn't so laughable.

I have no comment on 2Clix and their products as I personally know jack about them as did three quarters of the posters. The posters with no personal or commercial involvement, like me, should have butted out.

Whether Whirlpool win or lose, the fact of the matter is the only ones to benefit are the legal eagles and their bank accounts. It could have all been handled far more professionally on all sides.

The thread only really blew up when their 'representative' turned up. Reminds me of the time gamedude sent esteemed representatives to this forum.

/goes back to lurking

Just sounds like the business owners got frustrated and angry and pulled the lawsuit card out without thinking of the consequences on their reputation.

Gotta love a legal smack down. Hope the judge does the same.

Also Trog from Whirlpool's wiki:

On September 11, 2007, it was announced that Simon Wright was the subject of a lawsuit by 2Clix Software relating to posts made by users in the Whirlpool forums and their opinion of the 2Clix products.[1] The case is pending before the Supreme Court of Queensland.

tbis is bulls***, wouldn't this be similar to getting a bad software review in a pc magazine? or any company getting a bad review for any product?

the business proves their stupidity with this case imo.

Partyhat, PC Magazines don't have a habit of publishing private emails between two outside parties not directed at them unless given permission by the party who sent the email. Whirlpool allowed these to stand.

Besides in Magazines it tends to be generally one persons opinion without the "The software company should die" or "I know nothing about the subject/software but I'll post random bulls*** anyway" or "based on my review I'm going to tell everyone I know, which happens to be my dog and my pet rock, not to buy this software all over the world and this company sucks dogs balls". Stuff like this could be if anything grossly incorrect or grossly misrepresentative. People are known to hold grudges for less and paint companies in poor light without letting the facts stand in the way.

The comments got out of hand. Whether they be correct or not and whether they are enough to sue over, the point I'm making is Whirlpool handled this most unprofessionally. If you saw in other threads about ISP's when it got to the extent that this did they deleted the posts. In this case it appeared moreso double standards. Why I don't know but it surely was inconsistent. If you don't think so you only have to look at the threads about Wild Internet's demise and see the difference.

Digg it!

yeah cause I google "2clix" everyday.

Well you aren't a prospective customer of 2clix software, are you.

Idol, You mustn't have read some of the posts I did. Besides, people started posting private confidential emails on a pubic forum. In all other forums I've been to this is a no-no and ends up being deleted and in a lot of cases the user banned for some period of time. Whirlpool didn't do anything about them and let them stand. That is unprofessional. All these emails between customers and 2clix should have been left private and between the two parties.

Throughout the threads 2clix offered to take these matters further in private and offered further assistance to all and sundry in private. Not one of the protagaonists failed to take up this offer in any meaningful way. It didn't stop them airing their dirty linen. If anything a lot of posters acted unprofessionally in the approach they took.

Posts like these are bulls***

I have been working with 2Clix for more than 2 years “on and off”. I am not a qualified software technician, I know nothing about programming..........In conclusion this product should not even have made available on the market without at least another 2 years testing and tweeking! as the product definitely is not up to the standard they claim.

- in effect "I don't have a clue what I'm on about, but I'll make conclusions based on no actual qualifications and knowledge of the process", a bit like an electrician telling a biotechnologist how to create germ warfare and conclude he needs another two years of research to get it right.

If they aren't the same product, then there may be an issue with misleading and deceptive conduct by using the same testimonials.

- more accusations that can't be proven by anonymous users. Wow that must take balls.

A partnership with a company in a tax Haven? Its certainly something the ATO and ASIC look at very seriously and can involve criminal charges. I sincerely hope its being done for legitimate reasons.

- throwing accusations of legaility to undermines someones position in a debate is deplorable.

This is the only decent post amongst the whole fiasco:

John (jdubya),

No software is free from faults. Especially software as complex as 2Clix.

No, I don't work for 2Clix. I never have. I don't have shares. I don't use 2Clix, never have. I have no family, friend or anyone I know who work for 2Clix or have any sort of vested interest in 2Clix.

I'm a software developer - for a competitor of 2Clix. No matter how much effort developers put into releasing a bug-free product, there will always be bugs.

I know nothing about 2Clix. I know about developing commerical ERP solutions - packaged solutions. It's tough, and nobody but a developer could really appreciate this.

How's this for an example : Today, I learnt a facet of the ERP software I work on has a bug introduced because of a Windows update - critical patch to the MSXML Parser - causes our import of XML documents to fail, but only when the XML document has a comment in it. Turns out Microsofts XML Parser had changed it's behaviour, which causes an error in our parsing of the document. The change is undocumented and without warning.

Yet, what do our customers see ? Our software has a bug. To be fair, it's a rare occasion that Microsoft OS Updates cause us greif, but it illustrates my point : Software is complex, and often the cause is beyond the control of the developer.

I think some of the contributors here need to take a chill-pill, and work out a productive strategy for solving their problems -like talking to 2Clix.

All I can say is these posters must have never used SAP. A product that costs $3 to $4 million yet costs upwards of $12 million to get it implemented and actually working properly. Oganisations take that onboard when purchasng it and know not everything is perfect in the realworld. It appears others have no idea.

As I said,I consider it most unprofessional of Whirlpool to let these stand. Whether they are enough to justify or win a court case over, who knows, it's up to the judge. But in that case we'll know one thing at least that it will be conducted professionally.

last edited by Some Fat Bastard at 17:41:42 12/Sep/07

i'd just like to mention that the kaos car club are a bunch of retards

acted professionally

where are you getting this professionally bulls*** from? whirlpool is a community website not a bloody business.

^ do you mean Simon and the mods should act like children and unprofessional? They portray the web site as a professional news reporting and Brodband Topic web site, not a 2bit whore house from down the road. Are you saying they aren't considered a professional web site?

BTW professional doesn't need to connotate commercial, but when you have the media exposure they have as the defintive broadband web site and promote yourselves as such and as a professionally managed web site then you either put up or shut up.

Very much in the same vain as Ausgamers, considered a professional, gamers web site, though is not commercial. Are you saying Whirlpool aren't in the same vain as Ausgamers?

^ as I said reverend I don't consider there is any point in suing nor do I believe Whirlpool have a legal case to answer. However I do think on this occasion they let things drift far too far and the debate became no longer between affected parties but with every dog and his bone having their 2c without actually having any motive other than to talk s*** and act, ridiculously, superior.

OCAU is another public web site where they act professionally and stamp out Vendor Verdicts for the very same reasons I espouse. It get's no one nowhere and opens up a can of worms in respect to malicious comemntary, that 1) can't be sustantiated in most cases 2) reflects poorly on the website 3) reduces the willingness of business to support the web site through advertising, content and product support, all of which the web site relies upon for it's existence and content that is targeted towards their subscriber base. without any of these do you think Whirlpool, OCAU and Ausgamers would exist? Whirlpool doesn't make revenue from advertising but it does receive benefits from industry by being considered a professional web site where information is freely given toit by industry. If it wasn't they wouldn't be getting the stories first hand.

Other than that the thread moved away from targeting the product to targeting the company. Comments about the legality of the company and it being deceptive and suggesting these should be raised with the ATO and ASIC is over the top in my books and those posts should have been deleted.

Another thing have I condemned them for not closing or deleting the thread, NO. I have condemned how some posters conducted themselves and suggest their posts should have been deleted by Whirlpool mods, nothing more. To suggest I proposed otherwise is absolute bollocks.

last edited by Some Fat Bastard at 18:58:30 12/Sep/07

i'd just like to mention that the kaos car club are a bunch of retards

hahaha

gold!

although shush, theres a house of them in my hood

i dont want no trouble

Meh, Just read the thread that'll tell you about 2clix ;P

So if you happened to own a forum that 1000's of people posted on per day (for arguments sake) and it was impossible for you to read every single post of each thread. Would this sort of sueing activity make you responsible for something you can possibly do?

^ do you mean Simon and the mods should act like children and unprofessional?

They should act however the f*** they feel like in the site that they're running. If they act like children and/or unprofessional, people can perform the mind-bogglingly difficult task of closing their browser, or visiting one of the other several websites on the Internet.

people can perform the mind-bogglingly difficult task of closing their browser, or visiting one of the other several websites on the Internet.

come on trog, next you will be expecting people who don't like certain tv shows to change the channel..

how come you don't seem to understand that there's a difference between stating opinion about a product/company, and comments like "I work near 2clix and know several of their customers, not one of them is happy and in fact a few of them are currently reviewing their systems to replace them, if anyone in this forum wants to get in touch with them, please email me and I can pass on contact details."

it's true though, they can run their site how they like. if what you say is true, then it'll fall by the wayside. they seem to be doing ok for the most part though

You are right Jim. They get the kudos and the subscriber base by being considered and portraying themselves as a professional, ethical, authoritative and non-aligned website on the topic of Broadband.

I don't know why some people get all fussed because I have the view Whirlpool let things get out of hand on this matter. It is obvious it has as far as the plaintiff is concerned, which is a pity, alas may I add the moderation if anything is usually far more extreme and heavyhanded on Whirlpool for far less significant infringements.

yeah personally when reading those threads I was a bit surprised they hadn't yoinked a lot of those posts

That's all I'm saying too, Jim. Would have saved a lot of people a lot of trouble.

Very professional

Ta. Then again have I ever said I was and have I ever given you reason to think so?

Come on trog, ffs grow up. If they wish to portray themselves as an authoritative source in a particlar topic as widely as they do, they should behave in an ethical and professional manner. If not then do you think they would last more than 2 miniutes as an authoratative source on the subject.

hmmm...

Ta. Then again have I ever said I was and have I ever given you reason to think so?

So every post you've made is just bulls*** then?

Wait, we already knew that, carry on.

already

Past tense. learn2read.