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The parent is addressing whether ADP will win a defamation suit; it's possible that Zenefits violated TOS and that ADP shut them down with good reason, but that

The parent is addressing whether ADP will win a defamation suit; it's possible that Zenefits violated TOS and that ADP shut them down with good reason, but that doesn't mean that Zenefits defamed ADP.

nostrademons 11y ago
Yeah, but DannyBee's post explicitly mentions that they'll fail based on 4. "That Zenefits failed to use reasonable care to determine the truth or falsity of the statement(s)". I wanted to know if he knows something factually about what went on other than what's been reported here, because if I were a jury member and the facts were that Zenefits used their customers' login credentials (against ADP's TOS) to access ADP's internal systems, and then were shut off for generating 100x more traffic than a normal human user, and then responded to that shutoff with an open letter to their customers alleging bad faith rather than shooting ADP a "Hey, our customers can't access your service through our portal. What's up? Can we work with you to make our customers happy again?" - I would consider that a lack of reasonable care, barring legal instructions (perhaps "reasonable care" has a specific meaning different from the layperson's?) or facts to the contrary.
- DannyBee 11y ago
  See the blog post i just posted. In fact, ADP launched a competing products, just as zynamics said they were going to. This is good enough for reasonable care. :) Even if it wasn't, ADP would have to prove that Zynamics didn't bother to do any investigation at all before making the statement (IE not quite negligence, but at least something) This seems "highly unlikely" given the situation.
  - nostrademons 11y ago
    That's what I was looking for, thanks. The announcement of a competing product looks really bad for ADP; if Zenefits had advance notice of it, I can see why they'd make the moves they made.
    - pbreit 11y ago
      What a stupid email the ADP rep sent out!
  - tptacek 11y ago
    Zynamics? You have Thomas Dullien on the brain. :)

nostrademons 11y ago

Yeah, but DannyBee's post explicitly mentions that they'll fail based on 4. "That Zenefits failed to use reasonable care to determine the truth or falsity of the statement(s)". I wanted to know if he knows something factually about what went on other than what's been reported here, because if I were a jury member and the facts were that Zenefits used their customers' login credentials (against ADP's TOS) to access ADP's internal systems, and then were shut off for generating 100x more traffic than a normal human user, and then responded to that shutoff with an open letter to their customers alleging bad faith rather than shooting ADP a "Hey, our customers can't access your service through our portal. What's up? Can we work with you to make our customers happy again?" - I would consider that a lack of reasonable care, barring legal instructions (perhaps "reasonable care" has a specific meaning different from the layperson's?) or facts to the contrary.

DannyBee 11y ago
See the blog post i just posted. In fact, ADP launched a competing products, just as zynamics said they were going to. This is good enough for reasonable care. :) Even if it wasn't, ADP would have to prove that Zynamics didn't bother to do any investigation at all before making the statement (IE not quite negligence, but at least something) This seems "highly unlikely" given the situation.
- nostrademons 11y ago
  That's what I was looking for, thanks. The announcement of a competing product looks really bad for ADP; if Zenefits had advance notice of it, I can see why they'd make the moves they made.
  - pbreit 11y ago
    What a stupid email the ADP rep sent out!
- tptacek 11y ago
  Zynamics? You have Thomas Dullien on the brain. :)