Atomic Mall's Owner Preaches the Seller to Seller Sales Doctrine

[rho]

[quote author=xwpopper link=topic=18789.msg75268#msg75268 date=1253464343]

Burden of Proof on Plaintiff concerning Defamation
please see this link
http://www.law.umkc.edu/faculty/projects...chart.html

Actually, the first burden of proof is that something false was spoken or written as a fact. If the statement was made as an opinion based on available information, then it's not defamation and the next burden of proof won't even matter.
What he/she is dealing with is anger over the fact that his business has been critiqued and analyzed, and by using publicly available information nearly everything he has said has been discredited in some form. Then, he is a little ticked that his business partners at AM don't have the brightest light shining on them. Then he is ticked that someone put 2+2 together and realized he has been attacked by AM members in the past, yet now trusts them.
I'd love to meet the lawyer who'd take this one. Maybe it's Ray and Rich's lawyer. 
[/quote]

OK. Nobody here was discussing his business. Nobody here had heard of his business. Nobody here cared about his business.
 
Until...he brought his business to this forum.
 
So. In addition to xwpopper's points, RandCGifts could have left his business at the door when he joined the conversation. But he chose to use his business identity. He also chose to discuss, in some detail, his own business with this forum.

If you're downtown mid-week during the lunch rush and decide to take all your clothes off and someone remarks "Flabby ass." it's kinda' stupid to get mad considering you showed everyone your ass.

Now that everyone's seen your flabby ass, what do you do? Stand there and cry 'cause your widdle feelings got hoit? Holler for the police because you don't like the remark? Or, do you get your ass to the gym and make improvements?

This one calls for the police whose first question is gonna' be: how did your flabby ass come to be exposed in the mid-town during the lunch rush?

[Xamer]

[quote author=maggie777 link=topic=18789.msg75267#msg75267 date=1253461656]

Deceptive or Unlawful Advertising or Marketing Complaint, my reason for filing this in response to their post was using my copyrighted business name as a vehicle to advertise untrue statements

What am I advertising or marketing when I post here? I only use this ID on TT. I've never mentioned my business name on TT.  Sneaky, valleygirl, Amy, and the 3 TT admins are the only TT readers who know who I am.

My post quoted 2 numbers from his eBaY feedback profile: 30 day feedback received and lifetime feedback score.  My "mediocre seller" comment was my personal opinion based on my observation that the 30 day feedback shown on his eBaY feedback profile was less than the volume I used to do in a day on eBaY when I sold there. If somebody like eforcity looked at my 34,000 yearly order volume their personal opinion would no doubt be that I was a mediocre seller and had a lot to learn about selling. His response to me was http://bayimg.com/GaEdCAAcA
[/quote]

oh so he sent you a nasty threatening PM like he did to Powerseller huh on PSU when she found out he was yet again lying and called him on it?

He does this everywhere he goes. He did it at OLA, PSU, now here. Anybody who disagrees with him, he scours the net looking for something he can toss out there to try and bully people into being scared to speak the truth.

:asshat2:

[bargainbloodhound]

Actually, the first burden of proof is that something false was spoken or written as a fact.

A perfect example of a post that was false  and stated as fact was when binarywebs linked to the criminal record of a Todd W. in  upstate New York, listed the names of all my stores, and falsely claimed that the criminal record was mine and that I was a "convicted felon who had done prison time"..  If I had felt like traveling to Florida, I could have easily won a libel suit just by producing my passport or SS number...and my middle initial isn't W.

What he/she is dealing with is anger over the fact that his business has been critiqued and analyzed, and by using publicly available information

Maggie merely quoted the information on an eBay feedback profile.  The mediocre comment she made was based on her personal opinion.  The comment was not libelous.

Compare that business owner's reaction to the reaction of Randy when he was being shredded to bits after Glacier Bay went under and dozens of buyers had to file claims with PayPal and BuySafe.  Randy calmly joined TT, told his side of the story, and  gained the respect of everyone who had criticized his business. 

[xwpopper]

Compare that business owner's reaction to the reaction of Randy when he was being shredded to bits after Glacier Bay went under and dozens of buyers had to file claims with PayPal and BuySafe.  Randy calmly joined TT, told his side of the story, and  gained the respect of everyone who had criticized his business.

To add: Once Glacier Bay was dissolved, he took a vacation from online business. He returned a couple years ago and is now doing well with his new business on Amazon as an early user of Amazon's fulfillment service. On a side note he has never commented on Atomic Mall on his 1000+ post blog about real eBay alternatives. I would assume he is an expert as the former largest seller on eBay, now making a living without eBay. I would place far more stock in his advice than the advice over a eBay wanna-be freelance programmer.

[bargainbloodhound]

n a side note he has never commented on Atomic Mall on his 1000+ post blog about real eBay alternatives. I would assume he is an expert as the former largest seller on eBay

Buy.com believed he was an expert. He was hired by Buy.com in January to be the "Merchant Evangelist" for their 3P marketplace platform.  He is still selling on his website but cut down his presence on Amazon Marketplace (he only has 150 items listed) after taking the job at Buy.

edit: Randy, like CA's Wingo (yes, he's a TT member too) and the other TT "Trolls"  , has been a long time advocate of using venues as customer acquisition tools for your website (a strategy which Rho mentioned a few pages back in this thread).  PeSA  has also been advocating this same strategy for the last few years.  In fact, the only ones who  don't seem to be advocating the strategy of "using the venues instead of letting them use you" are small rinky dink cheerleaders who spend their days cheerleading for gonowhere sites, making asinine comments about "jealousy" and "trolls", and searching/waiting for a viable eBay alternative to emerge.

[LittleOnlineStore]

Well, no worries. All one too lazy to hire a lawyer would do is try to whine and squeal to everyone with an ear. Him trying to do things directly just shows he won't get a lawyer. Not only that, but his claims would work if one of us was a competitor and using slander for our own business gain, but not in this forum type discussion.

As you said, he needs to PROVE this is hurting his business and show numbers and yada yada. However, any court would say his own stupidity is what is hurting his business.

I have my business name here, cause I could really care less. They already know who I am, and I'm not dumb enough to go around the net cheering for a site I can't prove sales results on or spilling out my guts about suppliers and so on. The fact that he isn't smart enough to keep his supplier info to himself is his problem.

I mean his spilling of his business details was his problem for sure. He's just mad he can't come over here and delete it all.....sucker  :twistedevil: :twistedevil: :twistedevil: :twistedevil: :twistedevil:

Mike, Ken, Alison, Rick and now buyerwhatever are prime examples why there is so much animosity against Atomic Mall. They continue to spam, bait and antagonize sellers with their distortions and superiority complexes.

Every post against AM gets met with a "your just jealous" comment or "nanana I can't hear you" reply.

If they'd just grow up, get over themselves, and concentrate on their own sites, they'd have a lot more success.

[valleygirl]

I wonder if Sears files an FCC complaint or threatens legal action every time their business or business methods receive a less than stellar review on the Internet? 
http://www.google.com/products/reviews?fq=sears&cid=f7dee36c28accf5b&sort=1&cat=merchants&range=3
http://www.google.com/search?hl=en&rls=en&hs=Zho&q=sears+sucks&aq=f&oq=&aqi=
http://www.complaintsboard.com/bycompany/sears-a46.html
http://www.my3cents.com/search.cgi?criteria=SEARS
http://sears.pissedconsumer.com/
http://www.epinions.com/content_21530126...ow_~allcom

Maggies comment was mild compared to those that consumers and employees heap on other businesses.

[xwpopper]

[quote author=valleygirl link=topic=18789.msg75275#msg75275 date=1253480135]
I wonder if Sears files an FCC complaint or threatens legal action every time their business or business methods receive a less than stellar review on the Internet? 
http://www.google.com/products/reviews?fq=sears&cid=f7dee36c28accf5b&sort=1&cat=merchants&range=3
http://www.google.com/search?hl=en&rls=en&hs=Zho&q=sears+sucks&aq=f&oq=&aqi=
http://www.complaintsboard.com/bycompany/sears-a46.html
http://www.my3cents.com/search.cgi?criteria=SEARS
http://sears.pissedconsumer.com/
http://www.epinions.com/content_215301262980/show_~allcom

Maggies comment was mild compared to those that consumers and employees heap on other businesses.

[/quote]

Take any household name company, from Wal-Mart to eBay to Sears, and you will get thousands of results (in most cases dedicated websites) for "XXXX Sucks."
Here are a couple that have a lot of half truths being told in between the lines, as well as some down right lies mixed with truth:
http://www.ebaysucks.com/
http://walmartwatch.com/
These sites have been running for many years amidst lawsuits for trademark vioations (using the company name) and defamation, and they are still running without censorship or penalties.
A statement calling anyone a "mediocre seller" is far from libelous. Go find another place to rant since Mikey locked your thread.

[LittleOnlineStore]

Unstable anyone?

[Xamer]

[quote author=LittleOnlineStore link=topic=18789.msg75278#msg75278 date=1253583233]
Unstable anyone?
[/quote] I am unstable because you are under my bed lol