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Thanks, I appreciate your comments today as I've been getting a little worried here that the traction this article is getting this morning is going to come back

Thanks, I appreciate your comments today as I've been getting a little worried here that the traction this article is getting this morning is going to come back to bite me in the backside. Whether it's Nintendo or a UK-local entity they sub-contract (it's a bit unclear - either way the address is store.nintendo.co.uk and Nintendo-branded), the policies could use some work.

mirimir 9y ago
It's a great post, and Nintendo does indeed owe you. But, at this point, I do recommend engaging counsel. As I understand it, truth is not a defense against slander under UK law. Edit: I meant "libel", not "slander". Also, I was wrong about truth not being a defense. It's just that you need to prove the claims.
- mpclark 9y ago
  > truth is not a defense against slander under UK law. It most certainly is. Defence #1, in fact.
- matthewheath 9y ago
  It is a complete defence, but the burden of proof rests on the defendant.
  - mirimir 9y ago
    Yes, that's what I meant. Under US law, the burden of proof rests on the plaintiff.
- tehwalrus 9y ago
  Don't be ridiculous, truth is a defence against Libel (written down is libel, not slander). The onus is on the person who said the thing to prove it is true ("guilty until proven innocent," since it's a civil rather than criminal offence), but as long as he has documentation/emails it's all good. Indeed, I would be astonished if they sued him for this, it would not end well for them. Disclaimer: not a lawyer, but an election agent.
- pjc50 9y ago
  I don't recommend engaging council for this because it will cost you a fortune. And in the not unlikely event that you lose, you have to pay their costs as well. You have to ask yourself, "is this something worth spending my house on?"
  - mirimir 9y ago
    By "engaging counsel", I didn't mean suing them. I meant getting professional advice regarding the situation.
    - pjc50 9y ago
      That tends to involve less than a house, but still costs more than the Switch itself. (I just got a quote this morning for a what I thought would be simply "explain my property deeds", and it came out at £500...)
      - mirimir 9y ago
        So is there a UK equivalent of Nolo?
        pjc50 9y ago
        I'm not sure. There is a small claims court system, but we were talking about slander/libel in which case https://www.justanswer.com/uk-law/7bj5d-sue-someone-libel-small-claim-court.html https://www.justanswer.com/uk-law/7bj5d-sue-someone-libel-sm... I really would not recommend getting involved with libel law on a pro-se basis.
- Y_Y 9y ago
  https://www.blakemorgan.co.uk/news-events/news/brief-guide-tort-defamation/ https://www.blakemorgan.co.uk/news-events/news/brief-guide-t...
wbhart 9y ago
In 2013, the absolutely terrible defamation laws in the UK were improved somewhat. Before then, you basically couldn't have said anything at all, publicly, about this absolutely shocking incident! IANAL, but now I understand they would have to show actual or probable loss of business because of your published statements. Given how much space you devote to saying how much you love their products and how great they are, I think this would be pretty difficult for them. To me, the tone of your article is overwhelmingly one of wanting to pressure them to fix their bad customer service, not one of wanting to harm their business in any way. Customers should have the right to shame agents of large international companies into reforming bad business practices, without fear of legal ramifications. Having lived in the UK, I feel like companies there regularly get away with murder, figuratively speaking, because of the poor consumer protections in that country.
sundvor 9y ago
From what I can see, you've stuck to the facts and been completely honest about the process - it's completely unfair that you should suffer any hardship as a result of it. It's infuriating to see big corporations act like bullies behind their lawyers, and equally satisfying to see good people stand up to them. The best thing Nintendo could do - and their senior managers have a window of opportunity here now - would be to deliver a huge apology to yourself personally, along with a promise to review their entire delivery system processes.
tiglionabbit 9y ago
Have you considered having the courier pick up the item at your workplace?

mirimir 9y ago

It's a great post, and Nintendo does indeed owe you. But, at this point, I do recommend engaging counsel. As I understand it, truth is not a defense against slander under UK law. Edit: I meant "libel", not "slander". Also, I was wrong about truth not being a defense. It's just that you need to prove the claims.

mpclark 9y ago
> truth is not a defense against slander under UK law. It most certainly is. Defence #1, in fact.
matthewheath 9y ago
It is a complete defence, but the burden of proof rests on the defendant.
- mirimir 9y ago
  Yes, that's what I meant. Under US law, the burden of proof rests on the plaintiff.
tehwalrus 9y ago
Don't be ridiculous, truth is a defence against Libel (written down is libel, not slander). The onus is on the person who said the thing to prove it is true ("guilty until proven innocent," since it's a civil rather than criminal offence), but as long as he has documentation/emails it's all good. Indeed, I would be astonished if they sued him for this, it would not end well for them. Disclaimer: not a lawyer, but an election agent.
pjc50 9y ago
I don't recommend engaging council for this because it will cost you a fortune. And in the not unlikely event that you lose, you have to pay their costs as well. You have to ask yourself, "is this something worth spending my house on?"
- mirimir 9y ago
  By "engaging counsel", I didn't mean suing them. I meant getting professional advice regarding the situation.
  - pjc50 9y ago
    That tends to involve less than a house, but still costs more than the Switch itself. (I just got a quote this morning for a what I thought would be simply "explain my property deeds", and it came out at £500...)
    - mirimir 9y ago
      So is there a UK equivalent of Nolo?
      - pjc50 9y ago
        I'm not sure. There is a small claims court system, but we were talking about slander/libel in which case https://www.justanswer.com/uk-law/7bj5d-sue-someone-libel-small-claim-court.html https://www.justanswer.com/uk-law/7bj5d-sue-someone-libel-sm... I really would not recommend getting involved with libel law on a pro-se basis.
Y_Y 9y ago
https://www.blakemorgan.co.uk/news-events/news/brief-guide-tort-defamation/ https://www.blakemorgan.co.uk/news-events/news/brief-guide-t...

wbhart 9y ago

In 2013, the absolutely terrible defamation laws in the UK were improved somewhat. Before then, you basically couldn't have said anything at all, publicly, about this absolutely shocking incident! IANAL, but now I understand they would have to show actual or probable loss of business because of your published statements. Given how much space you devote to saying how much you love their products and how great they are, I think this would be pretty difficult for them. To me, the tone of your article is overwhelmingly one of wanting to pressure them to fix their bad customer service, not one of wanting to harm their business in any way. Customers should have the right to shame agents of large international companies into reforming bad business practices, without fear of legal ramifications. Having lived in the UK, I feel like companies there regularly get away with murder, figuratively speaking, because of the poor consumer protections in that country.

sundvor 9y ago

From what I can see, you've stuck to the facts and been completely honest about the process - it's completely unfair that you should suffer any hardship as a result of it. It's infuriating to see big corporations act like bullies behind their lawyers, and equally satisfying to see good people stand up to them. The best thing Nintendo could do - and their senior managers have a window of opportunity here now - would be to deliver a huge apology to yourself personally, along with a promise to review their entire delivery system processes.

tiglionabbit 9y ago

Have you considered having the courier pick up the item at your workplace?