No, Just Because A Site Contains 'Academic' 'Advantage' & 'Scam' On The Same Page, It Is Not Defamation Against Academic Advantage
from the bogus-threats dept
Again, the post had absolutely nothing to do with the company Academic Advantage.
Then, way down in the comments, an anonymous commenter talked about his own experience with autism and academia. In it, that commenter notes that, in his opinion, college was "a scam." Once again, this commenter is not speaking about the company Academic Advantage at all. He is not calling the company Academic Advantage a scam.
So what happens? According to Niamehr, apparently representing the company Academic Advantage, somehow, this all adds up to a prima facie case of defamation against Academic Advantage:
It is clear there is no purpose to this web address but to falsely accuse the Academic Advantage of being a scam or at least associating the Academic Advantage with a scam. There is absolutely no helpful reason for the website to have the words "Academic," "Advantage" and "Scam" which leads me to believe it was created for malicious purposes. Claiming that our client's tutoring services program is a "SCAM" is prima facie defamation and designed to do nothing more than damage our client's reputation.I would love to see this law firm go to court and try to defend the claim that the post on BoingBoing (which is actually quite interesting) was designed to do nothing more than damage Academic Advantage when absolutely nothing in the post or the comments is about the company Academic Advantage. Furthermore, of course, making this even more ridiculous, the "scam" part of it (which again, is not at all about the company Academic Advantage) was put there by a commenter, so even if this was defamatory -- which again, it cannot be, since it's not about the company -- then the law firm of Lazar, Akiva & Yagoubzadeh, and its partner Jubin Niamehr, should know that the site itself is protected from such charges by Section 230 of the CDA, since the "scam" claim would have come from a commenter. But, of course, you don't even need to get that far, since nothing on the page talks about the company in question.
One would hope that Lazar, Akiva & Yagoubzadeh did not charge the company Academic Advantage for the time it took to put together such a letter.