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Software Company Sues Australian Broadband Site For Forum Comments.

whirlpool.net.au — A company called 2clix is suing the Australian Broadband and Dial Up website for malicious comments posted inside its forums. Hoping to use the Digg Effect to get some more notice out. This is not right..

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  • dwaton, on 10/10/2007, -0/+23Anyone interested in the forum comments, they are below

    http://forums.whirlpool.net.au/forum-replies.cfm?t=628356
    http://forums.whirlpool.net.au/forum-replies.cfm?t=479484
  • BraydenH, on 10/10/2007, -1/+18Ridiculous behaviour! Good luck Whirlpool!
  • davidmwilliams, on 10/10/2007, -1/+27As a 2Clix customer, I am disappointed by this action by 2Clix. I am a Whirlpool forum user and I think it is a terrific site, and that Simon Wright deserves all the kudos he can get for having created it.
  • dwaton, on 10/10/2007, -2/+18If anyone wants to donate to a worthy cause to assist.
    http://whirlpool.net.au/faq-wp.cfm#4.11
  • CMaff24, on 10/10/2007, -1/+19Now they'll sue digg.
    • BraydenH, on 10/10/2007, -1/+4ROFL! Probably..
      • seanslater, on 10/10/2007, -0/+5Well in a day or two Google will have indexed this Digg story and no doubt it'll show up on the first page of Google search results too... (which is why 2clix are bitching so hard.. because anyone who Googles up their company name will find the threads complaining about how awful their software is).
  • GhostSniper, on 10/10/2007, -1/+8*****.

    - Jarryd.
  • webbj, on 10/10/2007, -0/+10One can only hope that the legal precedent that is set is in favour of "freedom of online speech" and not that of a company of any size silencing public opinion and discussion.
    I suspect 2clix has underestimated the weight and support that whirlpool has behind it if they thought they could frighten or force them into submission by a threat of legal action.
    • gthau, on 10/10/2007, -0/+1I just hope those that claimed the software is crap will step up on behalf of Simon to verify that the claims made are not false, and therefore the Statement of Claim is without merit.
    • ojk007, on 10/10/2007, -2/+1bury
    • zybch, on 10/10/2007, -0/+1Its not that the software is crap (well not ONLY that its crap) but that after the license period is over 2Clix effectively locks you out of your data, even read-only access.
  • thegame87, on 10/10/2007, -0/+10What a joke! 2Clix, who the hell is that? Publicity stunt, bunch of morons. Hope Simon Counter sues for defamation of character.
    Another company with no clue. Bunch of morons, what ever happen to freedom of speech?
  • t3hX, on 10/10/2007, -1/+15180k WP users suddenly annoyed at a company can't be good!
    • neverhadachoice, on 10/10/2007, -0/+3Haha yeah, exactly.

      This is quickly going to become a much bigger problem than they had anticipated. A beehive doesn't look like much and you might think about trying to knock it off a tree, until you realise there's a LOT of things living in there that are going to be super-pissed at you in the -very- immediate present.
    • DarkNova, on 10/10/2007, -0/+0Especially when a large proportion of the people who make purchasing decisions about software in Aussie companies are Whirlpool users.
  • mick33142, on 10/10/2007, -0/+9The current Google results can't be good either. Just type 2clix into Google. Please everyone who can donate to Whirlpool/Simon to help defend this. This isn't just about Whirlpool. It's about the rights of users of a public forum to post their opinion about a product or service received.
  • lestweforget, on 10/10/2007, -0/+8What next, being sued for talking in our sleep.
    • zybch, on 10/10/2007, -0/+1Damn, Jessica Alba is gonna sue me till I bleed.
  • AzzX, on 10/10/2007, -0/+13After reading the Statement of Claim it looks as though 2Clix are just upset about a few negative opinions on their software. Trying to remove freedom of speech with a court order is lower than low.

    The community aspect of any website cannot be subjected to this sort of insanity.
    • daza, on 10/10/2007, -0/+7This is so true. The Statement of Claim (http://whirlpool.net.au/img/article/2clix/soc.pdf) looks like they're upset by a few bad reviews and customers trying to warn others to stay away. Microsoft would have sued half the Internet over its bad reports regarding Vista if they had to follow the same action (not that I agree though, Vista is brilliant).

      The comments made were based on actual experience with 2Clix. If they can't stand the heat, they should stop selling crappy software. The Whirlpool forums have always been very good to gauge opinions on products, it would be a real shame if 2Clix would win (though I really doubt they will).
  • KennyTPK, on 10/10/2007, -0/+5So they sue as they think some posts in a forum are going to have a negative effect on their sales. Yet now pretty much everyone on WP will hear about them and I am sure most will avoid them for the sole fact that they have sued. The comments made were opions so I fail to see how they could be false (how can an opinion be false...), malicious perhaps but that it certainly pushing it. In any case if statements were made as fact and were incorrect I am sure the WP mods would of handled it without any problems if requested. Sueing is going way too far.
    Whirlpool should win this case no problems at all but 2Clix deserve the bad publicity they are going to get.
    • Ozherbie, on 10/10/2007, -0/+4The even bigger problem for 2Clix is that Whirlpool is where the IT managers of Australia tend to congregate. It's where we share information and work together to help solve each others problems. Sure, my company may be in competition with others that do what we do but if someone from a competitor posts a technical problem then I'm going to try to help solve it if it's within my area of expertise.

      It's also where we share information about what doesn't work. Before today I'd never heard of 2Clix software (the company I work for uses something else for accounting a payroll) but after today I wouldn't touch it with a 10 foot pole based simply on the fact that they're taking this action with no justification at all.

      If you've got a problem with how users are perceiving your software you work with the users to solve the problems. The thing you don't do is go after the people that run the forums where these problems have come to light.
    • maccainthehole, on 10/10/2007, -0/+5Really not a bright idea to sue when Whirlpool makes it's Legal Threats policy so clear: http://forums.whirlpool.net.au/index.cfm?a=wiki&tag=WP_LegalThreats

      "• Publication of a news story on the front page of the WP News site, or a prominently placed announcement thread, summarising the legal threats, who has made them and why;
      • Revocation of the representative status of any ISP or non-ISP Representatives indulging in such threats;
      • Penalty boxing of any and all accounts associated with the company indulging in such threats;"

      If any unhappy customers needed another reason to dump 2clix, I think they may have got it!
  • slangcomp, on 10/10/2007, -0/+8pretty poor form on behalf of the software company.......suing a public discussion forum....hell some of the posts they themselves made on the site, they used it as their own suport avenue for their customers, but then go and take whirlpool to court for negative comments posted by users.......utter tripe.

    Good Luck Simon with all of this.
    • sathias, on 10/10/2007, -0/+3By their logic they should be able to sue Simon for comments that *they* make on Whirlpool.

      1) Post derogatory comments about yourself on a public forum
      2) Sue owner
      3) ?
      4) Profit!
  • Gameguy10, on 10/10/2007, -0/+6Good Luck Simon, this is just ridiculous and I hope this company burns.
  • dread73, on 10/10/2007, -0/+10Maybe if 2clix spent some of their customers money on actually making a product that works rather than malicious lawsuits designed to stifle criticism of their non-working product, then maybe, just maybe they wouldn't have all this negative publicity. Some of those horror stories posted by their victims is amazing...2 years and still their accounting package doesn't even balance a trial balance? Why hasn't one of their customers sued 2clix by now?? I know I would have!

    Good Luck Simon and Co ;)
  • thecraw, on 10/10/2007, -0/+9Considering the owner of the product also promoted their software on the same thread it seems more then ludicrous that such a claim could be taken seriously. People have stated their own opinions based on user experience or comments made by users.
    All the best to Simon and Phil. If anything I think the outcome will be a positive for WP, however some heartache to get there.
  • chingy1788, on 10/10/2007, -0/+17Why doesn't Microsoft Sue Digg and many other sites that say Microsoft software is buggy?
    2Clix is a disgrace to Australian Software Companies, Sueing against freedom of speech
  • Freman, on 10/10/2007, -0/+7I wish Siman and Phil best of luck with this stupidity.
    2Clix doesn't have a hope of getting the topics removed perminently tho - it's in google cache for starters, for finishers I've made copies of everything so if it disappears from whirlpool, I'll make sure it finds it's way elsewhere.
  • charithjperera, on 10/10/2007, -0/+7suing whirlpool is just low-dog, whatever they wanted to remove is all over the web now and this is just going to make it worse.

    Good luck Simon ;)
  • JB_HiFi, on 10/10/2007, -0/+10Screw 2Clix, sounds like ***** ***** software! Go Simon!!
  • s3ndigga, on 10/10/2007, -0/+8Really bad way to go about increasing customer confidence in the software

    Rather than going out of your way to set things right with your customers, just shut them up

    Good work...
  • tak3n, on 10/10/2007, -0/+7This type of behavior is shocking! 2Clix couldnt handle the heat because of all the customer complaints.
    They could have listened to the users but instead they try to shut them up!
    i will never buy a 2Clix product, and im sure alot of other people wont too.
    word is spreading fast. 2clix you have dugg ur own hole.
  • CKAustralia, on 10/10/2007, -14/+0excellent news. whirlpool is a childish mess.
    • GaiaAP, on 10/10/2007, -0/+1That may or may not be the case. It is not, however, the point.
  • bigshow, on 10/10/2007, -0/+7So the software doesn't do what it is supposed to - users post as much, company doesn't like it. Sues the volunteer who started the community.
    What have 2clix got to hide? The truth?
    This is not the way to do it.
  • whirlpooler, on 10/10/2007, -0/+8Any publicity is good publicity?
    This is an awfully risky way to test this maxim, 2Clix.
    They have already cleared some of the decks so this might be one final grasp at survival before they disappear off to their Platinum One mothership in Vanuatu.
  • seanslater, on 10/10/2007, -0/+12Long time Whirlpool member here, and I can tell you right now that I'll never touch 2clix piece of software again. I can't imagine it's a great idea to alienate your local geek community on one of the largest forums in Australia; it's those users who help sell/setup software and they just went and pissed them all off in one hit.. nice work.

    I hope it gets thrown out of court and they pickup the tab for Simon's legal fees. That'll teach them.
    • gthau, on 10/10/2007, -0/+1They've already rebuilt the company under a new name, new ownership and it sounds like they've already set the 2Clix company up for the fall (ie, bankrupt when they lose the court case, so they won't have to pay costs).

      I hope someone helps existing owners read their data, else they're all going to get stuck in limbo when the licenses expire
      • GaiaAP, on 10/10/2007, -0/+0I guess we'll just have to make sure that enough of this bad PR is rightfully projected onto Platinum One then :)
  • bling00, on 10/10/2007, -10/+1Put yourself in the position of CEO for a software company, who finds damaging comments about your software on a public forum and then attempt to contact someone with some form of authority on that forum to have them removed, only to be ignored. If you are going to comment with the intent of defending WP, excellent, but do it constructively. Everyone is entitled to their day in court, especially to defend a product or service.
    • seanslater, on 10/10/2007, -0/+4Perhaps if the CEO spent more time reading the forums and fixing the bugs everyone was complaining about this whole thing could have been avoided in the first place.
      • bling00, on 10/10/2007, -2/+0The comments below are sensational, and lead toward great discussion. You, however, are a douchebag.
        • seanslater, on 10/10/2007, -0/+1Mate, I'm not sure why you would try and bait me with an insult, the comment below mine just expands on what I said in one line. I've been a Whirlpool member since 2002 and have seen companies use Whirlpool well, and I've seen companies make a complete mess of it (google "Veridas Whirlpool", for a laugh).

          The fact that this is even going to court is enough for me to dislike those starting the legal proceedings. I don't recognise your alias so I don't know if you're a Whirlpool member or not, but it really is as simple as my one line.
        • seanslater, on 10/10/2007, -0/+1Mate, I'm not sure why you would try and bait me with an insult, the comment below mine just expands on what I said in one line. I've been a Whirlpool member since 2002 and have seen companies use Whirlpool well, and I've seen companies make a complete mess of it (google "Veridas Whirlpool", for a laugh).

          The fact that this is even going to court is enough for me to dislike those starting the legal proceedings. I don't recognise your alias so I don't know if you're a Whirlpool member or not, but it really is as simple as my one line.
    • whirlpooler, on 10/10/2007, -0/+2Mistake 1: Trying to have the comments removed. Mistake 2: Taking the matter out of the court of public discussion and into the law courts.
      Look at all the other products discussed on that forum that get put on pedestals or torn to bits. You gain respect and status by addressing the issues raised. If you can sucessfully make the appropriate arguments (i.e. you have nothing to hide) then you are on your way to tapping into a promotional avenue with no equal in the broadband-using segment of the Australian community. 2Clix decided to take the scoundrels way out and now it is just generally assumed they had no answer to the complaints expressed in that forum. Silly, silly move!
    • s3ndigga, on 10/10/2007, -0/+1There are other ways to get damaging material taken down, and there are other ways to turn the situation around for the better and restore customer confidence.

      One of them would be to start at a lower court and first order the threads to be removed, rather than seeking damages etc. and appearing to be incompetent and immature.

      Another would be to honestly and actively try to solve customer problems rather than blaming the customer.

      There are many other solutions to this problem, and this is about the worst way to go about it...
  • hseldon2000, on 10/10/2007, -5/+1Unfortunately the company might just be folded if they lose, given that allegedly many employees have just been retrenched and IP transferred to another company (Platinum One Software)
    • s3ndigga, on 10/10/2007, -0/+2LOL
      So this is a last ditch effort?

      I expected so...
    • hseldon2000, on 10/10/2007, -0/+3That means Simon/WP will probably not get a cent out of them for the legal costs if he wins.
  • Skidmark66, on 10/10/2007, -10/+32Clix sucks *****, but hey so does whirlpool . .
    • zybch, on 10/10/2007, -0/+1Then they must have both learned from your mom.
  • Haydio, on 10/10/2007, -1/+8Donate!
  • daurnimator, on 10/10/2007, -0/+6I think that if this goes to the courts, we will finally have precedent for free speech on the net (though this is not a defamation case.. I don't know how far it can go)
    If this case is lost (in court), the net will have to change a hell of a lot.....

    Go support whirlpool in the case!
  • KennyTPK, on 10/10/2007, -0/+8From what I have read if anyone should be getting sued it is 2clix...
  • blindmelon1, on 10/10/2007, -0/+10The company I worked for had a terrible experience with 2clix. I hope whirlpool comes out victorious in this battle. !

  • DD32, on 10/10/2007, -0/+11Interesting... Whats the go with this not reaching the front page?
    100 diggs within the first 2 hours, 200 within 12 hours, nearly 60 comments... hell i've seen things on the front page with less than that recently...
    • anthonywr, on 10/10/2007, -0/+6The title does not contain the word Ubuntu, nor is it an Apple product.
      • t3hX, on 10/10/2007, -0/+2Given the supposed quality standards of this software, it had damn well better not be an Ubuntu or Apple product...
      • GrooTheWanderer, on 10/10/2007, -0/+0If only we could get Ron Paul involved with it...
    • zybch, on 10/10/2007, -0/+1Apple stuff will reach the front page with a mere 35 diggs within 5 hours.
      Its really time that the algorythm was made equal for all topics (cept that stupid celebrity one) and the digg-lords stop trying to push their pro-apple ***** down everyone's throats!
    • DD32, on 10/10/2007, -0/+1Ok, So this post doesnt appear in the upcoming section AT ALL, IT doesnt apear in the popular section of industry news, HOWEVER
      this one submitted today linking to news.com.au, managed to get there with many less diggs and comments *Sigh* Stupid digg...
      http://digg.com/tech_news/Founder_of_Whirlpool_discussion_forum_being_sued
  • rhysbushell, on 10/10/2007, -0/+6was looking at getting some new accounting software too.. oh well ... Boycott.
  • HelloMrNewman, on 10/10/2007, -0/+8As an accountant who was recently asked about 2clix by a customer, I said I'd have a look into it. Well I now have, and won't be letting them come out and demonstrate their wares.
  • PWallbank, on 10/10/2007, -0/+7They may well have good legal advice on this, but from a business point of view this is a huge mistake. Even if they get damages, apologies and the deletion of the threads in point they've bought attention to the problems in their product and now have the appearance of ignoring customers and being litigation happy.

    I imagine this will be across all the newspapers this afternoon or tomorrow.

    Not a good look.
  • prdgy, on 10/10/2007, -0/+11Whirlpool is an excellent source for information. It has a large active knowledgeable community, most of which are from Australia. I think 2Clix have shot themselves in the foot, trying to sue a community based forum.
    • renster, on 10/10/2007, -0/+4It is also a well run professional site with a great deal of useful information and discussion. Hope the community sticks up for a valuable resource.
  • neverhadachoice, on 10/10/2007, -0/+10Congratulations, retards. Before you had people's bad experiences of your software published in front of a few thousand people. Now you've pissed everyone off and it's exposed to millions of people.

    A glorious, resounding "gg".
  • OddAngryShot, on 10/10/2007, -0/+5Dont budge an inch to the hosers at 2Clix.

  • Danbigs, on 10/10/2007, -0/+5Now on front page of news.com.au
    http://www.news.com.au/story/0,23599,22405674-2,00.html
  • s3ndigga, on 10/10/2007, -0/+4Very interesting article with more references on
    http://www.smh.com.au/news/web/whirlpool-fury-at-legal-gag/2007/09/12/1189276778252.html
  • Own3dYou, on 10/10/2007, -0/+5This is just plain stupid. It's a forum, people are entitled to their opinions. Do you see Telstra suing Whirlpool every time someone posts a Telstra horror story?
    • zybch, on 10/10/2007, -0/+1God! Telstra would have to stop their telco business just to keep up with the constant (and well deserved) slagging on whirlpool.
  • digi7al64, on 10/10/2007, -0/+8dugg - Great work to the marketing staff at 2Clix - once only those that had used your products thought it was crap. Now everybody who reads this thread... or the countless new articles... or whirlpool will now your product is crap.... and even if is wasn't you could have simply replied to the threads on whirlpool and like a great company seeked to assist your clients in achieving the maximum potential for your product. Instead you tried to hide those threads, have them removed and when that didn't happen you went to taking legal action and suing people for money.

    I can only hope that those who bought your products to find them defective have the balls to sue your company into the ground for misrepesentation.
  • s3ndigga, on 10/10/2007, -0/+3Now on the Register:
    http://www.theregister.co.uk/2007/09/12/2clix_sues_site_over_critical_comments/

    It's international :D
  • darkzlevin, on 10/10/2007, -0/+7whirlpool is probably the best australian source of information for newbies and professional in I.T.

    obviously 2clix are stupid to think they can get away with suing a public forum that is open for all.
    • CKAustralia, on 10/10/2007, -5/+0Clearly, literacy is not your strong point.

      2clix have this in the bag.
      • GeekStarPilot, on 10/10/2007, -0/+0I think you mean grammar rather than literacy. Other than a few missing capitals and one missing plural "s" (most probably a typographical error) darkzlevin's post is OK.

        Sometime the wisest comment is no comment at all. Something for you think about.
  • winaje, on 10/10/2007, -0/+5I am not a regular WP contributor, but have found the site's advice useful on occasion. I have never heard of 2clix. But, on principle, I will publicize the actions of 2clix in every way I can, to as many people as I can. This will have nothing to do with their product, but everything to do with freedom of speech online.
    • CKAustralia, on 10/10/2007, -5/+0Good. The more people who know that about companies like 2clix who are willing to stand up for themself in the face of a cesspit like Whirlpool, the better. I hope their sales skyrocket as a result of this. Good work.
  • underthesun, on 10/10/2007, -0/+4Whirlpool has always been a great place to discuss broadband and IT issues in Australia and to get opinions and advice from thousands of other Australians in the IT industry. Whether it's just checking if an internet outage is affecting other people in your area, or asking a question about routing or hardware recommendations or any other number of things, it's been invaluable in the time I've been using it (which is now over 6 years).

    It would be a crime against Australian internet users if the site was shut down, so it has my support all the way!
  • zefbot, on 10/10/2007, -0/+2Another regular Whirlpool user showing my support for Simon and the site. Apart from the fantastic content and help that is on offer there it is the best format for a forum I have ever seen on the web bar none. No ads, no avatars, no signatures. It is simple, practical, efficient and effective.
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