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Jan. 30, 2008 - Discover Columbus Disclaimer ... Disclosure


I used to use a long disclaimer on this blog... here's one from back in the dark ages...(February 2006 when this was Columbus Best Blog.)   I cobbled the disclaimer together from disclaimers on MLS and various websites:

"The information provided herein is supplied by several sources and is subject to change without notice. Columbus Best Blog does not guarantee or is any way responsible for its accuracy, and provides said information without warranties of any kind, either express or implied.  Entries on Columbus Best Blog represent the opinions and ideas of the author(s). They do not necessarily reflect the views of HER Real Living. Copyright ? 2006  Maureen McCabe & Columbus Best Blog All Rights Reserved. "

I've kinda sorta done a disclaimer on ColumbusBestBlog.com on my Home page... I say my opinions about gyros and Indian food do not represent the opinions of Real Living or HER Real Living on "gyros or Indian food..." or anything . Or maybe I need a disclosure on each and every entry on that blog.

The Real Estate blogging world was in a tizzy yesterday over a real estate blogger being sued for 25 million dollars. 
Opera Tower, LLC & Tibor Hollo Sues Me for $25M from Lucas Lechuga a Miami Florida real estate agent blogger. 

Blogger?  Aspiring blogger?  Does the prospect of being sued concern you?  Here's a poll... even if you aren't a real estate blogger, do you ever think about libel when blogging? Here's a poll on ActiveRain  Sue Who?

Sellsius° Real Estate blog wrote Did Real Estate Blogger Defame Miami Developer? A $25 Million Libel Lesson
   Did you know "Dumb Ass" is not defamatory in California. Check out the link in the Sellsius° post:

California Court of Appeal: “Dumb Ass” is not a defamatory term


Maybe that's why Californians feel so comfortable commenting on Discover Columbus and I am paraphrasing here...
"Hey Dumb Ass if you like Columbus Mexican restaurants you have no taste in Mexican food."   Looking for a free legal opinion here... Is "Dumb Ass" defamatory in Ohio?  On my other blog I've heard from east coast people that Columbus Ohio pizza sucks... but no "Dumb Ass" comments about pizza yet... I wonder whether "Dumb Ass"  is legally defamatory in NY, MA, CT, NH, PA etc.  Why is Mexican food so divisive? I have never been challenged on the Indian Restaurant posts here...

I'd love to hear from you if you have a comment on the topics of disclaimers, disclosures, defamation and just about anything thats starts with a d, except calling me a "Dumb Ass" I am tiring of that.  Of course this blog is my opinion...  All comments are moderated so you will not see your comment immediately. Thanks.

Copyright 2008 Discover Columbus and Maureen McCabe
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Jan. 30, 2008 - RE: Discover Columbus Disclaimer ... Disclosure

Posted by Jonathan Dalton
The idea of a disclaimer's not bad but I don't think it would save you from a libel suit (or at least some bozo from attempting a libel suit.)

Just because it's opinion doesn't mean you can say whatever you want about whomever you want without risk of consequence. (We can go all free-speech here but there have been limits established in libel law, so there.)

It's like prefacing a sentence with "With all due respect" and then questioning the branches (or lack thereof) on someone's family tree. With all due respect is a disclaimer but it ain't gonna keep you from getting slugged.

Unless you're me, of course. I'm too big to get punched.
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Jan. 31, 2008 - RE: Discover Columbus Disclaimer ... Disclosure

Posted by Maureen McCabe

Of course that is true.  Or what I learned in journalism class in high school... anyway.  Except  in school there was no real estate brokerage involved, no concept of independent contractor.The point of the disclaimer, the views are the opinions of the writer, not the real estate brokerage.

In blogging there is not an editor. Thus far brokerages have not usually edited real estate blog posts.

The Miami Heralds says: "Hollo last week sued agent Lucas Lechuga and the Coral Gables brokerage Esslinger-Wooten-Maxwell alleging they have engaged in a smear campaign against him and his Opera Tower condo development on Lechuga's Miami Condo Investments blog."

EWM smeared Hollo and the Opera Tower condo development on the blog?
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Discover Columbus is a site about Columbus Ohio. Originally named "Columbus Best Blog," it was never the best blog in Columbus Ohio. It was a blog about the best in Columbus and Central Ohio! Best restaurants, best real estate company, best schools, best neighborhoods..... written by Maureen McCabe a licensed real estate agent with Columbus Ohio's best real estate company, Real Living HER. Discover Columbus is just a site about Central Ohio.

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