Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Ask HN: Complaint from Proton AG – what should I do?

news.ycombinator.com

Post reply on HN
Print view View original

11–16 of 16 posts

Re: Ask HN: Complaint from Proton AG – what should I do?

#11

Post by codingdave »

S6eUL wrote: post #10
codingdave wrote: post #8

IANAL, but I believe .ch is Switzerland, which has freedom of speech and press. So you can say whatever you want, whether or not it is true, and are not legally obligated to take it down. So this seems like a great opportunity to open a dialogue with a company you are complaining about and have direct discussion over your concerns. You could even update your article with their responses, and have a better post at the…

This is not my area of expertise but I am a Swiss lawyer. - Switzerland does indeed have freedom of speech and press but this does not mean that you can say "whatever you want", not to the same extent as in the US at least. - What could follow here is either civil or criminal litigation or both. Relevant are Art. 28 ff. of the Civil Code [1] or Art. 173 of the Penal Code [2]. - However low the chance of success for P…

Thanks for clarifying - I appreciate the correction to my admittedly non-local knowledge.

But I'd love to hear more rationale why it would unwise to open a dialogue? Not specific to this scenario, of course, but in general what risk does that expose?

Re: Ask HN: Complaint from Proton AG – what should I do?

#12

Post by FDSGSG »

aborsy wrote: post #2

I would respond, justifying my claims and make correspondence with Proton also public. That will lend credence to your claims if true.

NEVER REPLY! Not unless your lawyer advises you to, it can only cost you. If you don't have a lawyer, just don't reply.

Re: Ask HN: Complaint from Proton AG – what should I do?

#13

Post by nixgeek »

codingdave wrote: post #11
S6eUL wrote: post #10

Earlier quoted context omitted.

This is not my area of expertise but I am a Swiss lawyer. - Switzerland does indeed have freedom of speech and press but this does not mean that you can say "whatever you want", not to the same extent as in the US at least. - What could follow here is either civil or criminal litigation or both. Relevant are Art. 28 ff. of the Civil Code [1] or Art. 173 of the Penal Code [2]. - However low the chance of success for P…

Thanks for clarifying - I appreciate the correction to my admittedly non-local knowledge. But I'd love to hear more rationale why it would unwise to open a dialogue? Not specific to this scenario, of course, but in general what risk does that expose?

All of the dialogue will probably be admissible should this eventually be litigated, OP will be corresponding with a lawyer, OP is not a lawyer, OP has substantial risk to consider about whether this dialogue would make their situation worse through e.g. admitting some of the article isn’t factual or is defamatory.

Re: Ask HN: Complaint from Proton AG – what should I do?

#14

Post by S6eUL »

codingdave wrote: post #11
S6eUL wrote: post #10

Earlier quoted context omitted.

This is not my area of expertise but I am a Swiss lawyer. - Switzerland does indeed have freedom of speech and press but this does not mean that you can say "whatever you want", not to the same extent as in the US at least. - What could follow here is either civil or criminal litigation or both. Relevant are Art. 28 ff. of the Civil Code [1] or Art. 173 of the Penal Code [2]. - However low the chance of success for P…

Thanks for clarifying - I appreciate the correction to my admittedly non-local knowledge. But I'd love to hear more rationale why it would unwise to open a dialogue? Not specific to this scenario, of course, but in general what risk does that expose?

Any statements made in writing could end up being admitted as evidence. Since OP might have to prove that what they stated was factual or that they had reason to believe it was factual, they should exercise utmost caution in their correspondence. What is beneficial and what is not is almost impossible to evaluate for a "non-lawyer". People are often naive when it comes to the legal process and end up dumbfounded when the opposing party twists their every word.

Amendment to my original comment: It just crossed my mind that the federal law against unfair competition (UWG) could also be applicable.

Re: Ask HN: Complaint from Proton AG – what should I do?

#16

Post by uselpa »

Secure email is snake oil, and Proton is the one company that tries the hardest to sell it. So I agree with your general sentiment here.

Your statements may not all be convincing arguments, but Proton they say which exact part(s) they take offense at? Because you are entitled to your opinion and your interpretation of facts.

Ignore them, or take down the post, depending on how much this situation impacts you. It’s not worth suffering or fighting uselessy, and if your blog is not that popular, this suffering is probably useless.

Choose your fights wisely.

Post reply on HN