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Comment by palebluedot | Hacker News Reader

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palebluedot·

No, but a statement of fact about a company that is not by public data is slander.

No it is not.

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Oh ok

slander is spoken, the term you are looking for is libel.

Here in the US, it's very difficult to prevail on a claim of either slander or libel (vis-a-vis many European countries), thanks to the First Amendment. While NYT Co may (may) be in the right regarding their first C&D, I would be shocked if they were to prevail on the second.

Very true. For libel or slander to make it to court, the plaintiff needs to show that the defendant knew his/her statement to be false. I got a hard lesson in this back in the 90s when I got sued for $2.5m.

In-house counsel is such a pain is butt. I'm dealing with John Deere's law-talkers right now and I feel for you... I'm willing to bet anyone associated with creative at the Times could give a rat's ass about your site... but the lawyers... they have to justify their existence.

Pick your battles.

It's harder in the US than many European companies, because it's not slander/libel if the information is true. However, if the information is false, than the Times could have a case.

Only if the defendant knew it was false when they wrote it. It's not too easy to prove that in a lot of cases.

That is pretty much what I thought too. To me the first seemed like over reach but understandable, the second is just silly.

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