Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule.
Are Insults, Critiques And Opinions Considered Defamatory?
Insults and epithets are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance
Are E-Mail And On-Line Activities Subject To Laws Relating To Defamation?
Yes, laws relating to defamation are applicable to email and other online activities.
In order to prove defamation, you have to be able to prove that what was said or written about you was false.
The party making a defamation claim (plaintiff) must ordinarily prove four elements: Number 1. a publication to one other than the person defamed;
There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.) Number 1. Truth. This is a complete defense
47 U.S.C. sec. 230 says that No provider or user of an interactive computer service shall be held liable on account of—
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph
Link It is the policy of the United States— to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation
If eBay just made it impossible for a non-paying bidder to be unable to leave a negative feedback, problem solved, reduced consumer complaints, less email traffic, a lightened complaint center load, less eBay sellers leaving. and happy stockholders.
Just because the might read a few posts here doesn't mean they care.
Maybe a class action lawsuit against eBay would wake them up, consult a personal injury attorney that specializes in Defamation and put up a website. Law school that might need a class action project to work on?
As long as your going to sue...
just my opinion