No. of Recommendations: 7
'This board is not connected with the company. These messages are only the opinion of the poster, are no substitute for your own research, and should not be relied upon for trading or any other purpose'...

...so says the reminder on yahoo message boards which is part of the terms of service which all posters must agree to be agreeant to when they sign up and use any Yahoo message board. It is also there to advise anyone reading these messages to let them know that the information must not be relied upon for any purpose.

TMF Spirit said...

<<Isn't it a shame the Elan Eleven didn't say,"it has been alleged" or "in my opinion' or "I was told by a good authority that " Mr. Maris is goofy, or he did a very poor analysis of Elan or whatever? If they had been schooled in the language of a professional journalist this lawsuit might not have happened>>

but surely on reading the disclaimer on yahoo as well as at several other message board sites, this automatically makes the views expressed by a poster to be 'in their opinion'? Therefore it would appear to follow, that even if the poster says the analyst IS/ SAID/ DID, it should automatically have the words 'in my opinion' placed invisibly in front of those views due to yahoo's reminder.

I am no legal expert, but I would appreciate any opinions on this issue, because I fail to see how the opinions of others that under the TOS of yahoo should not be relied upon by readers for any purpose, can be seen as having caused material damage to a company. If anyone believes anything they read on message boards without doing their own DD and getting independant verification from a reliable source that is not just 'the opinions of the poster' then surely that is their own fault and not the legal responsibility of the poster?

Thanks to the TMF team and others for giving this whole situation so much attention and thought of late. It's clear from the strength of public reaction that people care passionately about both this individual case, and the wider issues. I hope we get to see some more articles and a dueling fools feature that go into this case and the wider issues. It would certainly be much appreciated by this poster!

Thanks to all, and good luck to the Elan eleven!

Steve



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