Author Topic: Paul LeClair and Rob Bradbury - laverdaforum operation - PLEASE READ  (Read 39327 times)

Offline Paul LeClair

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Rob and I are still formulating final position on recent forum events involving posted forum content reported to us as objectionable. Please bear with us for a day or two. Our position will be posted here on an ongoing basis. Please check back.

We have very few rules compared to most public forums. Rob reminded everyone May 15, 2012 of a portion of the rules relevant to the issue we have been dealing with for at least 18 months now, and which we had hoped had been resolved by a public apology from a member some time ago.

Here are the minimal forum rules that everyone posting here has agreed to by registering. Further comment will follow here after Rob and I have had a bit more time to chat.

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You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any English or International law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.

You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason.  We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.

Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.
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Paul LeClair



« Last Edit: December 09, 2012, 18:48 by Paul LeClair »
Paul LeClair
Calgary, Alberta, Canada
79 1200 Mirage, 82 1200 Mirage, 84 RGS Executive, and various non Laverda's

Offline Paul LeClair

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This laverdaforum seems to have gained a life of its own over the years. Many Laverda related businesses have gained huge exposure to our worldwide community of enthusiasts through participating here and being referenced here.

The few simple rules we have developed for the forum mostly go to the removal of objectionable material as needed.

As participants here many of us recognize the Laverda motorcycle as a special motorcycle supported by a worldwide community of enthusiasts. This takes us from time to time into a debate about whether we are an owner of our Laverda motorcycle, or its custodian for future generations. Interesting debate, but it has taken us to discussions pro and con concerning the few remaining Laverda parts dealers and what some see as issues around breaking existing Laverda motorcycles for parts.

This resulted in one particular Laverda parts dealer being singled out for criticism on our forum by some of our members. The reality is pretty much all the few remaining parts dealers break Laverda bikes for parts. When I looked back through our archives, I found criticism of breaking Laverda’s for parts going back to 2005 and earlier. I also know many of us have benefited in restoring our own bikes with these same parts.

This laverdaforum is the evolution of what I started on MSN Laverda forum nearly twelve years ago. Rob Bradbury hosts us now, at his own expense. Rob has always refused my offers to fund the hosting costs, etc. The most I have ever managed to do for Rob to say thanks for all he does was to buy him a meal in London, U.K. in February this year. This forum is an entirely volunteer effort, done for the love of the marque. I still feel responsible for it myself, after all these years of stewardship, and I cannot abide doing harm to anyone through postings in a public venue like this. That is why our primary rule here relates to the removal of material found objectionable.

As for libel, slander, legal action, etc., personally I am a senior litigation lawyer in Calgary, Alberta, Canada. I know full well that there are many problems with libel and slander legal actions, ranging from the fact that any such action draws even more public attention to the comments found objectionable and giving those comments even wider audience, to the legal costs that have to be paid by those having to defend themselves.

I have spoken by phone at length twice today to the particular Laverda parts dealer who has raised objections to what was being posted about him here. His issue clearly is not with the forum, it is with the few members who have persisted in their attacks on him and his business through this forum, which attacks persisted even after previous warnings and even a previous public apology from one of the forum members. Now Rob and I are forced to enforce the few simple Rules we all agreed to when we joined the forum.

Believe me when I say I have carefully considered all sides of these issues, ranging from right of free speech, censorship, fair comment, libel and slander and defense to same, etc. While this particular Laverda parts dealer has all the same recourse to the Courts that any of us have, I am not prepared to be the cause of putting anyone through that. He shouldn’t have to defend himself, simple as that. How he may or may not choose to deal with the few members at issue is up to him and those few members, but will have nothing directly to do with this forum.

I have proceeded to delete any and all negative references to this Laverda parts dealer that I could find, including any references to his name, and I will continue to do so if necessary, not just in relation to this particular Laverda parts dealer but any of them.

Malcolm Cox has asked me to identify him for one particular express clarification he has requested of me. He is crystal clear with me he has not threatened or has any intention of bringing legal action as against Rob Bradbury personally, Rob found himself in the initial line of enquiry as the registered owner of the domain name under which we operate. After clarification between Malcolm and myself, any legal action, if any, would not include either Rob Bradbury or the forum.  A few of our membership may or may not wind up hearing directly from Malcolm, but that is between Malcolm and those members only, nothing further to do with Rob Bradbury, myself, or the forum.

As a final comment, I am so distressed that a forum of my own initial creation has been seen to be causing harm to anyone that I was prepared to take whatever action was necessary to stop the harm being done through the forum. When I expressed that to the Laverda parts dealer who has been under attack through the forum, he was absolutely clear he does not want to have any part of causing any harm whatsoever in return to the forum or to Rob Bradbury as the legal face of the forum, he just wants to be left in peace to conduct his legal business. I would recomend that same sentiment to our membership. Let's get back to our mutual love of Laverda's.


Paul LeClair
Paul LeClair
Calgary, Alberta, Canada
79 1200 Mirage, 82 1200 Mirage, 84 RGS Executive, and various non Laverda's

Offline Paul LeClair

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Twice in the last 24 hours I have received complaints about the content of posts on LaverdaForum.  Please abide by the agreement that you made when registering to use the forum -

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, ............

If you discover or are advised that you have posted false or inaccurate information, a swift correction to that post is appropriate.

Thanks for your co-operation in ensuring that our moderators continue to have a quiet life. 

Rob Bradbury
Paul LeClair
Calgary, Alberta, Canada
79 1200 Mirage, 82 1200 Mirage, 84 RGS Executive, and various non Laverda's

Offline Paul LeClair

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Many of you know the history of this forum which was started by Paul LeClair nearly 12 years ago.  Following the demise of the Laverdapedia forum, I pay for the laverdaforum.com domain name and its hosting. This makes me legally responsible for the site here in the UK.

We all value Paul's 'light touch' in moderation, an approach shared by the other admins here.  With that freedom comes a responsibility on us all to ensure that forum posts do not expose me to prosecution. 

A Laverda parts suplier has been in contact about the content of some posts which he sees as unwarranted attacks on him and his Laverda business.  He has taken legal advice which confirmed a case for libel.  It is much easier and cheaper for him to take action here in the UK rather than pursue the individuals who made the posts in courts outside the UK.

Fortunately I have a good relationship with the Laverda dealer that extends back more years than we both care to remember. He has previously twice contacted me about his concerns and as a result I took action behind the scenes to address them.  Regrettably, recent posts have exhausted his patience and he sees no alternative other than to start legal proceedings.

To preclude this, I have deleted a recent thread in its entirety, and certain threads and posts elsewhere.  In light of the above facts, this action is not up for debate: I need to protect my own position.  For the same reason, any future posts that abuse any Laverda parts dealer or his business activity will be deleted.

As you would expect, I have been in touch with Paul LeClair.  Wearing his lawyer's hat, he has confirmed that I am exposed and need to act. 


Rob Bradbury

Paul LeClair
Calgary, Alberta, Canada
79 1200 Mirage, 82 1200 Mirage, 84 RGS Executive, and various non Laverda's

Offline Paul LeClair

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Hi all

To be absolutely clear, I support Rob Bradbury’s position and actions completely. In his role as gracious host of laverdaforum, exposing him to possible legal liability and legal costs over anything posted here is just not on. I don’t see this as a moderation issue, or a censorship issue. This is an issue as to whether the forum continues, or whether it closes. The option chosen on a go forward basis for the forum, after considerable discussion going on behind the scenes for months, is, believe it or not, the best option chosen from several even worse choices.  Feel free to PM either Rob or I directly.

Paul LeClair
Paul LeClair
Calgary, Alberta, Canada
79 1200 Mirage, 82 1200 Mirage, 84 RGS Executive, and various non Laverda's