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Home > 2clix v. Wright

2clix v. Wright [1]

Submitted by DMLP Staff on Fri, 05/02/2008 - 15:00

Summary

Threat Type: 

Lawsuit

Date: 

08/17/2007

Status: 

Concluded

Disposition: 

Withdrawn

Location: 

Australia

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Trade Libel
In August 2007, 2Clix Australia sued Simon Wright, the founder of Australian broadband discussion forum Whirlpool, for alleged "injurious falsehood." According to 2Clix, Wright permitted anonymous users of the forum to post unmediated comments, and two threads contained "false and malicious" comments... read full description
Parties

Party Receiving Legal Threat: 

Simon Wright

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • Australia

Location of Party: 

  • Australia

Legal Counsel: 

Stephen Baldwin
Description

In August 2007, 2Clix Australia sued Simon Wright, the founder of Australian broadband discussion forum Whirlpool, for alleged "injurious falsehood." According to 2Clix, Wright permitted anonymous users of the forum to post unmediated comments, and two threads contained "false and malicious" comments about 2Clix and its softward products. According to 2Clix's statement of claim [2], the threads included statements that 2Clix "has problems" and that it was losing its employees and relying on independent contractors. In addition, forum participants allegedly warned readers to avoid 2Clix's software.

2Clix filed suit after Wright refused to acquiesce to its repeated email requests to remove the content. 2Clix sought an injunction requiring Wright to remove the threads and damages in the amount of Aus$150,000. Wright defended the claim through the support of donations from users of his site. 2Clix withdrew its claim less than a month later.

Related Links: 

Whirlpool: 2Clix sues Whirlpool founder [3]

Whirlpool: 2Clix (no longer) sues Whirlpool founder [4]

Gday World: 2Clix suing Whirlpool is a VERY BAD IDEA [5]

Electronic Frontier Australia: EFA welcomes Whirlpool lawsuit back-down [6]

Technorati: whirlpool 2clix [7]

ITWire: 2Clix drops legal action against Whirlpool [8]

APC Magazine: Will the Whirlpool case wash? [9]

Details

Web Site(s) Involved: 

Forums.whirlpool.net.au [10]

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Third-Party Content
  • Trade Libel
Court Information & Documents

Jurisdiction: 

  • Australia

Source of Law: 

  • Australia

Court Name: 

Supreme Court of Queensland (Australia)

Court Type: 

State

Case Number: 

7/79/09

Relevant Documents: 

PDF icon 2007-09-17-Statement of Claim.pdf [11]

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/2clix-v-wright

Links
[1] https://www.dmlp.org/threats/2clix-v-wright
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2007-09-17-Statement%20of%20Claim.pdf
[3] http://whirlpool.net.au/article.cfm/1753
[4] http://forums.whirlpool.net.au/forum-replies.cfm?t=834421
[5] http://gdayworld.thepodcastnetwork.com/2007/09/11/2clix-suing-whirlpool-is-a-very-bad-idea/
[6] http://www.efa.org.au/Publish/PR070919.html
[7] http://technorati.com/posts/tag/whirlpool+2clix
[8] http://www.itwire.com/content/view/14537/53/
[9] http://apcmag.com/7163/will_the_whirlpool_case_wash
[10] http://forums.whirlpool.net.au
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-09-17-Statement%20of%20Claim.pdf