- Joined
- Aug 13, 2000
- Posts
- 2,047
It has come to my attention that you have sent Shawn, the webmaster of 'www.neo-geo.com' a threat about having negative comments posted on his site about Dion, Chris, and NGF. I have voluteered to reply to this threat, and yes, it is a threat.
First off, 'www.neo-geo.com' is not responsible for the content posted to the forums there. This is a public forum, and we are located in the United States of America. Being as such, we are guarenteed certain freedoms, one of those freedoms being the freedom of speech. While the moderators and administrators of the board do take action for inappropriate posts, there is no guarentee that all can be caught and removed. As usual, if there is any post that is inapprorpiate, you should
bring it up to a moderator or an administrator for them to take the appropriate action, if needed.
And, now onto the links you provided in your threat to Shawn. The first link asks 3 questions, and I will answer each one in the case of my deal with Dion, that has obviously failed and also Shawn's deal with Chris.
_______________________________________________________________________________
1) Is what I am saying defamatory?
In the case of my deal for 2 carts from Dion, what I am saying IS defamatory. It is a posting of truth. Dion was sent email about this, and did not bother to reply. He was given the proper amount of time. Any comments coming out from that deal about being 'ripped off' by 'NGF' is now fact.
As far as the Strikers 1945 Plus cart. Nothing that was defamatory was ever printed about this transaction, except for pictures. Those pictures were showing the facts. They displayed that there was no way this cart ever worked, and that a claim by 'NGF' was untrue about this game being tested, and also about possible damage in shipping. Defamation? You could call it that, but once again, it is fact, not opinion.
2) If defamatory, is it true and can I easily prove it?
Truth hurts, and that is what we have seen. As far as my deal goes, I supplied a scan of a check that was cashed by Dion. I have kept everything in the public. I have filed a complaint with the IFCC and also with the US Postal Inspection service. Why? Because I have proof, proof that you ripped me off. That proof is facts that protects any defamatory posts I made to the 'www.neo-geo.com' forums. My proof is public record because it traversed 2 FDIC insured banks, and the US Postal Service. I am currently working on the paperwork with the Nevada Attorney General to file a complaint with all of the appropriate documentation as requested.
As far as the Strikers 1945 Plus game, once again facts. Fact, Shawn got his cart, it was not working. Fact, Chris and Shawn agreed to send this cart to Jeff Kurtz for his expertise. Fact, Chris claimed the game worked, and it was dmaged in shipping. Fact, Jeff Kurtz received the cart, posted pictures, and gave a report on what he found as being an expert witness for both parties involved.
3) Or does a privilege exist to protect myself from liability?
NGF's favorite phrase 'To be talked about is to be thought about' is trouble here. You claim to be private individuals, yet you have a public website, and you all have been very vocal about the Neo Geo. You have
made claims that you are the Neo Geo and the future of it. These claims put you in the public, like it or not.
If NGF is a company that pays taxes to the state and federal government, which is privately held, that would not mean you are protected from the world because of unhappy consumers. Are you saying that because I say that you ripped me off (as so far is still true), and that possibly drove away three customers, that I am hurting your business? Remember, this is capitalism. NGF is not protected as an individual here, you just have to deal with public opinion. NGF should take the critisism and reform their ways as a company. Look at the environment. People complained, people were heard, the EPA was formed. Companies either fixed the problems, or went out of business. NGF would fall into the same 'basic' category.
The events documented above have been presented in a public forum for all to see. You all have been given the chance to reply, but you all have not. You also have not fixed both deals yet (although one is in the process of being rectified). The facts have been presented, and people now saying that NGF are rip off artists are only following the facts they have seen, as they have been posted. Again, they are making their judgement from the facts presented.
_______________________________________________________________________________
As you see above, the points in the link you provided are answered. You should understand that your actions speak louder than anything else. If you are to pursue this issue any further, you should make sure that you all, on your own, can not fall into being counter sued for your actions over the past couple of years.
I hope that you have found this reply informative. This is also being posted to the forum's at 'www.neo-geo.com' for all to see. If you have any questions regarding any issues above, let me know.
Keith Scroggins
Moderator 'www.neo-geo.com'
[This message has been edited by Mouse_Master (edited October 16, 2000).]
First off, 'www.neo-geo.com' is not responsible for the content posted to the forums there. This is a public forum, and we are located in the United States of America. Being as such, we are guarenteed certain freedoms, one of those freedoms being the freedom of speech. While the moderators and administrators of the board do take action for inappropriate posts, there is no guarentee that all can be caught and removed. As usual, if there is any post that is inapprorpiate, you should
bring it up to a moderator or an administrator for them to take the appropriate action, if needed.
And, now onto the links you provided in your threat to Shawn. The first link asks 3 questions, and I will answer each one in the case of my deal with Dion, that has obviously failed and also Shawn's deal with Chris.
_______________________________________________________________________________
1) Is what I am saying defamatory?
In the case of my deal for 2 carts from Dion, what I am saying IS defamatory. It is a posting of truth. Dion was sent email about this, and did not bother to reply. He was given the proper amount of time. Any comments coming out from that deal about being 'ripped off' by 'NGF' is now fact.
As far as the Strikers 1945 Plus cart. Nothing that was defamatory was ever printed about this transaction, except for pictures. Those pictures were showing the facts. They displayed that there was no way this cart ever worked, and that a claim by 'NGF' was untrue about this game being tested, and also about possible damage in shipping. Defamation? You could call it that, but once again, it is fact, not opinion.
2) If defamatory, is it true and can I easily prove it?
Truth hurts, and that is what we have seen. As far as my deal goes, I supplied a scan of a check that was cashed by Dion. I have kept everything in the public. I have filed a complaint with the IFCC and also with the US Postal Inspection service. Why? Because I have proof, proof that you ripped me off. That proof is facts that protects any defamatory posts I made to the 'www.neo-geo.com' forums. My proof is public record because it traversed 2 FDIC insured banks, and the US Postal Service. I am currently working on the paperwork with the Nevada Attorney General to file a complaint with all of the appropriate documentation as requested.
As far as the Strikers 1945 Plus game, once again facts. Fact, Shawn got his cart, it was not working. Fact, Chris and Shawn agreed to send this cart to Jeff Kurtz for his expertise. Fact, Chris claimed the game worked, and it was dmaged in shipping. Fact, Jeff Kurtz received the cart, posted pictures, and gave a report on what he found as being an expert witness for both parties involved.
3) Or does a privilege exist to protect myself from liability?
NGF's favorite phrase 'To be talked about is to be thought about' is trouble here. You claim to be private individuals, yet you have a public website, and you all have been very vocal about the Neo Geo. You have
made claims that you are the Neo Geo and the future of it. These claims put you in the public, like it or not.
If NGF is a company that pays taxes to the state and federal government, which is privately held, that would not mean you are protected from the world because of unhappy consumers. Are you saying that because I say that you ripped me off (as so far is still true), and that possibly drove away three customers, that I am hurting your business? Remember, this is capitalism. NGF is not protected as an individual here, you just have to deal with public opinion. NGF should take the critisism and reform their ways as a company. Look at the environment. People complained, people were heard, the EPA was formed. Companies either fixed the problems, or went out of business. NGF would fall into the same 'basic' category.
The events documented above have been presented in a public forum for all to see. You all have been given the chance to reply, but you all have not. You also have not fixed both deals yet (although one is in the process of being rectified). The facts have been presented, and people now saying that NGF are rip off artists are only following the facts they have seen, as they have been posted. Again, they are making their judgement from the facts presented.
_______________________________________________________________________________
As you see above, the points in the link you provided are answered. You should understand that your actions speak louder than anything else. If you are to pursue this issue any further, you should make sure that you all, on your own, can not fall into being counter sued for your actions over the past couple of years.
I hope that you have found this reply informative. This is also being posted to the forum's at 'www.neo-geo.com' for all to see. If you have any questions regarding any issues above, let me know.
Keith Scroggins
Moderator 'www.neo-geo.com'
[This message has been edited by Mouse_Master (edited October 16, 2000).]
