| ▲ | CalChris a day ago |
| I wonder if Flock + Cyble can be sued for fraud. There are 5 elements in a fraud: Misrepresentation of Fact
Knowledge of Falsity
Intent to Induce Reliance
Justifiable Reliance
Resulting Damages
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| ▲ | themafia a day ago | parent | next [-] |
| Cloudflare would have to bring that suit since they were the ones defrauded. The site owners probably can't sue Cloudflare because of their contract. So the site owners probably have to go basic "tortious interference" and be ready to show actual damages. |
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| ▲ | CalChris a day ago | parent | next [-] | | No, if the site owners have been harmed by Flock + Cyble knowingly filing a false takedown notice then they can sue Flock + Cyble. If Cloudflare's reputation has also been harmed then they could sue Flock + Cyble as well. | | | |
| ▲ | 15155 15 hours ago | parent | prev | next [-] | | Tortious interference with contract, cut and dry. | |
| ▲ | RobotToaster 18 hours ago | parent | prev | next [-] | | > Cloudflare would have to bring that suit At first that seems pretty unlikely, but I could see them wanting to nip this in the bud so it doesn't become more common. | |
| ▲ | a day ago | parent | prev [-] | | [deleted] |
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| ▲ | thayne 21 hours ago | parent | prev | next [-] |
| The "resulting damages" is pretty small though, they just had to move off of cloudflare. I'm not sure it would be worth it, especially if the other side doesn't end up paying their legal costs. |
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| ▲ | miohtama a day ago | parent | prev [-] |
| You would need damages |
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| ▲ | pfdietz 18 hours ago | parent [-] | | False accusation of criminal behavior is defamation and in many US states such accusations are assumed to be damaging. No evidence of damage is needed. |
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