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dCS threatens with a 7-figure lawsuit over a review

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There is a notable and big difference to the case with Erin. They are similar but not the same. Erins review was based on data, which he used to confirm listening test. The maker ask for holes to be closed up and the same results came back, they insisted, then they were in the wrong. Erin was backed up with ample data set.

In this case Cameron has the data, but does not reference it in the YT review. Data that he writes "it was very good". Then instead of referring to it he says the same words every other YT reviewer uses, and I quote: "Dull, not fatiguing, Soft, leading ages, blunted". He claims to have a data set that he does not refer to in the review, data that shows the product to have OK performance compared to others, maybe not state of the art and certainly too expensive for perforce $ as many other high end gear is.

Because he based it on opinion and not facts thats where the manufacturer claims, rightfully so, a biased review. As with that data set, another human could come up with a different set of words out of their golden ears. That is the problem with humans they are biased. That is the problem with all YT reviewers including him, they are Paid Media, claim independence but are biased paid media. That is why most are not reliable.

That is why this forum only received donations and the YT channel is not monetized.
Yes, but as always, remember that biased reviews are completely legal (at least in the US) and your opinion doesn't have to be based on anything.

I can say XYZ DAC is the worst I've ever heard, I legally don't have to back that up with anything, and if they sue me for having an opinion they don't like, they'll lose. Of course, that will happen after the lawyers carry off all remaining money, but still.

Reviewers have a legal responsibility to disclose whether they're being paid to say something, but otherwise AFAIK the law is pretty clear that opinion is protected.
 
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In my view if the lawsuit was based on his subjective opinion, or the manufacturer forces the reviewer to prove his subjective opinions and back them up with data, it would have been a solid case.

I feel the manufacturer needs to take action on subjective review rather than whatever points they mentioned.
 
In my view if the lawsuit was based on his subjective opinion, or the manufacturer forces the reviewer to prove his subjective opinions and back them up with data, it would have been a solid case.

I feel the manufacturer needs to take action on subjective review rather than whatever points they mentioned.
Subjective reviews are protected by the first amendment in the US. "I think the food was too salty" is not legally actionable no matter how much salt was or wasn't used.
 
Yes, but as always, remember that biased reviews are completely legal (at least in the US) and your opinion doesn't have to be based on anything.

I can say XYZ DAC is the worst I've ever heard, I legally don't have to back that up with anything, and if they sue me for having an opinion they don't like, they'll lose. Of course, that will happen after the lawyers carry off all remaining money, but still.
I dont say that the suit has legs to stand on. He is criticizing a product that in his own site (which is full of ads) claims to be really good. He basically abandon the data to spend minutes criticizing on and on. No wonder the manufacturer is upset.
 
I dont say that the suit has legs to stand on. He is criticizing a product that in his own site (which is full of ads) claims to be really good. He basically abandon the data to spend minutes criticizing on and on. No wonder the manufacturer is upset.
I don't think Cameron's approach to reviewing is very good either... just wanted to point out that it's not against the law.
 
Subjective tastes are no reason for a lawsuit. Anyone can criticize any product for whatever reason he feels like.

And dCS cant really play the "we only accept criticism based on objective data". Their products are extremely overpriced compared to the competition when it comes down to measurements.
 
Subjective tastes are no reason for a lawsuit. Anyone can criticize any product for whatever reason he feels like.

And dCS cant really play the "we only accept criticism based on objective data". Their products are extremely overpriced compared to the competition when it comes down to measurements.
He is also media, he sells space in his website of the same companies he reviews.
 
Isn’t Cameron British? If so, he has no 1st Amendment rights. He has other rights, like people have mentioned.
 
Is there a summary of the issue somewhere for those that don't want to spend 30 minutes watching the video?
 
Isn’t Cameron British? If so, he has no 1st Amendment rights. He has other rights, like people have mentioned.
I like to imagine that humans have certain rights no matter the borders they are inside. Crazy I know.

And even if the UK isnt a bastion of freedom, Im sure people there can criticize luxury products
 
Isn’t Cameron British? If so, he has no 1st Amendment rights. He has other rights, like people have mentioned.
Even in the US the first amendment only applies to the congress making laws regarding free speech. It doesn't guarantee that you can say anything without fear of repercussions.
 
Is there a summary of the issue somewhere for those that don't want to spend 30 minutes watching the video?
Goldensound gave a meh review to the dCS Bartok years ago. And recently the VP of Marketing is threatening with litigation.

Of course it is firing back terribly for dCS.
 
Even in the US the first amendment only applies to the congress making laws regarding free speech. It doesn't guarantee that you can say anything without fear of repercussions.
A lawsuit implies repercussions enforced by the state.

So dCS has all the freedom to criticize Goldensound, deny him products for review, cut any ties, boycott, whatever. The problem is to the state aparattus to go after him for a review of a niche, luxury product. It is petty, mean and downright dumb
 
Is there a summary of the issue somewhere for those that don't want to spend 30 minutes watching the video?

00:00:00 - 00:30:00

In the YouTube video titled "Manufacturer threatens lawsuit over negative review," CEO Andrew Listmore of Headphones.com discusses DCS's controversial attempt to silence a creator over a negative product review. DCS threatened legal action against the creator, Cameron, for expressing concerns about potential technical inaccuracies in their product. Headphones.com finds this behavior concerning as it stifles open dialogue and goes against their values, leading them to end their business relationship with DCS. The incident sets a dangerous precedent for the industry and could discourage creators from providing honest feedback. Cameron further discusses the situation and its impact on the reviewing community, sharing experiences with other manufacturers trying similar tactics. The video also covers a negative review of a digital-to-analog converter (DAC) called the B, where the reviewer defends their criticism and the accuracy of the information presented. The reviewer clarifies technical misunderstandings and addresses DCS's contention regarding the DAC's default mode and ultrasonic noise. The speaker emphasizes the importance of fair and honest reviews and argues that reviewers serve the customer, not the manufacturer.

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  • 00:00:00 In this section, Andrew Listmore, CEO of Headphones.com, discusses the controversial actions of manufacturer DCS, who threatened legal action against creator Cameron over a negative product review. This behavior is concerning for Headphones.com as it stifles open dialogue about products and goes against their values. As a result, they have decided to end their business relationship with DCS and no longer sell their products. This incident sets a dangerous precedent for the industry and could discourage creators from expressing their honest opinions about products. Cameron will further discuss the details of the situation and its impact on the reviewing community.
  • 00:05:00 In this section, a YouTube creator discusses a manufacturer's attempt to silence him over a negative product review. The creator, who has always provided honest and unbiased feedback, received an email from DCS expressing concern over a voice message he made in which he speculated about the possibility of DCS's product applying additional DSP when using an external clock. The creator clarified the context of the voice message and sent over the full recording, but DCS still perceived it as damaging to their reputation. The creator emphasizes the importance of fair and honest reviews, and shares his experiences with other manufacturers trying similar tactics. He also invites listeners to view his original review and voice message for context.
  • 00:10:00 In this section of the YouTube video titled "Manufacturer threatens lawsuit over negative review," a reviewer discusses their interaction with the company DCS after publishing a negative review. The reviewer explains that they had no agenda or grudge against DCS and were looking forward to reviewing their product, but were concerned about publishing misinformation. When the reviewer asked DCS to identify any factually incorrect statements, they received no response and instead were accused of being dishonest and malicious. DCS then threatened legal action if the review was not removed, citing economic and reputation damage. The reviewer had originally stated that the DCS product was a Delta Sigma deck, but DCS corrected them and provided documentation that the deck was actually a thermometer coded deck fed with 5bit PCM audio. The reviewer apologized for the mistake and set the video to private, but seven months later received a letter from a lawyer demanding that the review be revised or terminated to avoid further economic and reputation risk to DCS.
  • 00:15:00 In this section of the YouTube video titled "Manufacturer threatens lawsuit over negative review," the speaker discusses the technical inaccuracies in a negative review of a digital-to-analog converter (DAC) called the B. The speaker clarifies that the term Delta Sigma, which is used to describe the DAC's design, does not exclusively refer to one specific type of design, but rather to the use of Delta Sigma modulation or noise shaping to convert incoming high-bit depth, low-sample rate information to a lower bit depth, higher sample rate format. The speaker also consulted with an expert, Jesse Laco, who confirmed that the thermometer code used in the DAC is not PCM but the typical output of a sigma Delta modulated DAC. The review also contained an error regarding the availability of an external 10 MHz clock for the DAC, which the speaker corrected. Additionally, the review criticized the DAC for adding excessive ultrasonic noise during DSD upsampling and conducted a linearity test without a bandpass filter. The speaker defended the validity of the linearity test and clarified that DSD64 is a challenging format due to its single-speed nature.
  • 00:20:00 In this section of the YouTube video titled "Manufacturer threatens lawsuit over negative review," the reviewer discusses the ultrasonic noise issue with the DSD upsampling mode on the DCS BTO DAC. The reviewer provides measurements for PCM and DSD output, revealing a significant amount of ultrasonic noise in the DSD output. The reviewer also compares the BTO with other products at similar price points, such as the Mighta MA3 and Hollow Audio, which have mitigated the ultrasonic noise challenge more effectively. The reviewer emphasizes that it is fair for reviewers to point out the undesirable effects of the DSD upsampling mode and that the measurements support their opinion. Despite DCS's claim that the BTO's default mode is PCM upsampling, the reviewer clarifies that it is, in fact, DSD upsampling by default. The reviewer also addresses DCS's contention that the BTO always buffers and reclocks from an external source, acknowledging that they cannot verify or disprove this claim without a unit for measurement. The reviewer denies any intention of falsely embellishing the product and explains the setup used during the filming of the review.
  • 00:25:00 In this section, the speaker defends their negative review of a product and the accuracy of the information presented in the video. They explain that their opinions are formed before recording and that the videos are scripted. The speaker also denies the implication that they falsely accused a company, DCS, of doing something wrong. They clarify that a misunderstanding occurred due to a misrepresented voice message and that they had repeatedly asked DCS for information about factual inaccuracies in their review. The speaker expresses disagreement with DCS's points and finds their threat to sue over the negative review damaging and unethical. They argue that this behavior sets a dangerous precedent for fair and honest product coverage and that reviewers serve the customer, not the manufacturer. The speaker shares examples of manufacturers handling negative coverage in a more constructive way.
  • 00:30:00 In this section of the YouTube video titled "Manufacturer threatens lawsuit over negative review," the creator discusses his experience with a headphone company threatening legal action over a negative review he posted on his channel. He emphasizes that the company, headphones.com, did not ask him to remove the review but felt compelled to speak out due to the potential implications for the review community. The creator argues that this behavior sets a dangerous precedent, as it could discourage honest feedback on products and potentially lead to frivolous lawsuits. He expresses gratitude for the support he received from other creators, Amir and J, and intends to defend the review and discuss the issue further with his audience. All communications regarding the matter have been provided for transparency.
Poor form dCS... good form @amirm and @Mad_Economist.
So much drama, so little substance.
I tend to agree.


JSmith
 
Has it? Can anyone confirm? In any case, that would make it even harder to win, since freedom of speech is much more protected under US law.
It’s not about winning. It’s about attacking by creating a massive financial and time burden.

Noel Lee used to do this to any company that used the word “monster” in their brand. He bullied a lot of companies into changing their names. Until he ran up against a company that fought back. Then he pretty much went out of business
 
It’s not about winning. It’s about attacking by creating a massive financial and time burden.

Noel Lee used to do this to any company that used the word “monster” in their brand. He bullied a lot of companies into changing their names. Until he ran up against a company that fought back. Then he pretty much went out of business
As we say here: a crazy man quickly comes to his senses once he finds someone crazier.
 
Even a certain audio company in Canada that had some criticism, doesn't sue over negative reviews at least that I'm aware of :)
 
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