Friday, September 10, 2010

Shift toward enjoinment?

Don't think 'enjoinment' is an actual word but I'm using in context of what could be another signal that Trade Me will soon enjoin posters who have made defamatory comment about Joe Karam.

We know the first hurdle has been passed already in that The Court has agreed to the option that TM can enjoin posters who were the primary source of the defamatory comments, 'people' like kalnovitch, luckytrader, nina_s, misspw, rodney osook to name just a few. Anybody that has watched TM will have noted that apart from a few wise heads who have simply run for cover, most of those that have posted defamatory material continue, or continued as long possible do so with a 'hare looking from a hole' policy. Tentatively looking out from its hole, like a frightened hare and sniffing before defaming, or else trying to appear suddenly innocent and then after awhile returning to former habits. First of all for those so deluded, it can be a single event of defamation, it doesn't have to be continuous and is not somehow mitigated by the poster appearing to turn over a new leaf. All these simple tactics or illusions only satisfy the simple minded - of which the hangbainer's ranks are replete.

But the most recent signal (after the application to enjoin posters) is that Trade Me moderating policy was recently 'beefed up.' Not only that, but of recent weeks defamatory posts of Joe Karam have become prevalent again, and whilst defamatory comment against David was for awhile curtailed is again in full force - and Trade Me are not removing the defamatory material. This has to be deliberate on TM's part, despite the fact it can effectively be seen as turning 180 degrees in possibly a too transparent, and too late tactic. One has to ask why TM would do this and have the risk of further citations brought against them. Would it be because TM has decided to enjoin posters and the policy change on removing defamatory material is a (some what belated) effort to say, again - it's stated in the T&C that posters are responsible, that the posters are wholly responsible for the defamation, informed of those conditions and in agreement with them. I'm starting to think so.

Personally, I am not at all surprised that TM are clearly considering enjoining their 'side show' customers. It makes sense for Trade Me. TM has the opportunity to show itself as a somewhat amateur, cottage industry type, publisher relying on the good sense of its users to abide by it's rules. Do I think it will work? No, not completely, but it might take a 0 or two of the final sum of payment and shift those sums of money to the supergoofs, swissy, golfergolds and other similar morons of the cyber world. Won't it be fun?

1 comment:

  1. It makes perfect sense that TM would enjoin the errant posters. Hopefully all the moronic folk that are enjoined have enough in their piggy banks to pay.

    ReplyDelete