Administrator Spreading Dangerous Lies

[Mcdom57]

What can I do about an administrator of a forum using your software who is spreading dangerous lies about people from another similar kind of forum?

Is there recourse within this community or would we have to contact an attorney to sue for libel?

 

[Niteblade]

What can I do about an administrator of a forum using your software who is spreading dangerous lies about people from another similar kind of forum?

Is there recourse within this community or would we have to contact an attorney to sue for libel?

You can sue anyone for any reason. Heck, someone reading this post could sue because the words caused them emotional distress. Consult an attorney. If you've got the money, lawyers always have the time.

Libel / Slander? I'm sure you'd have to demonstrate financial loss or something of that nature, i.e., some one lost a job, someone can't find a job, a source of income was lost and can be attributed to the said words.

Here's the member registration agreement that ships out with this software

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.

You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason.  We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.

Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.

And from license.txt

Definitions
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i. This Package is defined as all of the files within any archive file or any group of files released in conjunction by Simple Machines, Lewis Media, or a derived or modified work based on such files.

ii. A Modification, or a Mod, is defined as instructions, to be performed manually or in an automated manner, that alter any part of this Package.

iii. A Modified Package is defined as this Package or a derivative of it with one or more Modification applied to it.

iv. Distribution is defined as allowing one or more other people to in any way download or receive a copy of this Package, a Modified Package, or a derivative of this Package.

v. The Software is defined as an installed copy of this Package, a Modified Package, or a derivative of this Package.

vi. The Simple Machines Website is defined as http://www.simplemachines.org/.

Agreement
-----------------------------------------------------------------------------
1. Permission is hereby granted to use, copy, modify and/or distribute this Package, provided that:
   a. All copyright notices within source files and as generated by the Software as output are retained, unchanged.
   b. Any Distribution of this Package, whether as a Modified Package or not, includes this file and is released under the terms of this Agreement. This clause is not dependent upon any measure of changes made to this Package.
   c. This Package, Modified Packages, and derivative works may not be sold or released under any paid license. Copying fees for the transport of this Package, support fees for installation or other services, and hosting fees for hosting the Software may, however, be imposed.
   d. Any Distribution of this Package, whether as a Modified Package or not, requires express written consent from Lewis Media.

2. You may make Modifications to this Package or a derivative of it, and distribute your Modifications in a form that is separate from the Package, such as patches. The following restrictions apply to Modifications:
   a. A Modification must not alter or remove any copyright notices in the Software or Package, generated or otherwise.
   b. When a Modification to the Package is released, a non-exclusive royalty-free right is granted to Lewis Media to distribute the Modification in future versions of the Package provided such versions remain available under the terms of this Agreement in addition to any other license(s) of the initial developer.
   c. Any Distribution of a Modified Package or derivative requires express written consent from Lewis Media.

3. Permission is hereby also granted to distribute programs which depend on this Package, provided that you do not distribute any Modified Package without express written consent.

4. Lewis Media reserves the right to change the terms of this Agreement at any time, although those changes are not retroactive to past releases. Changes to this document will be announced via email using the Simple Machines email notification list. Failure to receive notification of a change does not make those changes invalid. A current copy of this Agreement can be found on the Simple Machines Website.

5. This Agreement will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of this Package, the Software, and any derivatives within 48 hours.
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THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OR MISUSE OF THIS PACKAGE.

Basically, the community may say "Shame, shame..." but that's about it.

[HoTmetal]

Well said nite0859. We @ SMF do not advocate this behavior.
On a personal note, I would contact the owner of the forum and address you issue with them.
Sometimes things that appear as un-truth, maybe a misunderstanding.
We hope all works out well for you.
On that note, enough said.