dCS threatens with a 7-figure lawsuit over a review

[JSmith]

From my understanding, this relates to a review published in 2021;

If you find yourself in the unfortunate position of being the victim of a libellous or slanderous statement, you must take decisive action to protect your business reputation and start legal proceedings within the limitation period of 12 months.

https://www.monarchsolicitors.com/business/commercial-litigation/business-defamation/

Commencing a Defamation Claim: Key Insights on Limitation and Single Publication Rule

Dive into the complexities of commencing a defamation claim, exploring the vital 12-month limitation period and the nuances of the single publication rule, guided by the expertise of Lawdit Solicitors.

lawdit.co.uk

The limitation period under UK libel/slander (published is libellous) law has expired according to the above.

However I cannot see that in the legislation itself;

Defamation Act 2013

An Act to amend the law of defamation.

www.legislation.gov.uk

Defamation Act 2013

An Act to amend the law of defamation.

www.legislation.gov.uk

JSmith

 

[antcollinet]

I don’t mind them taking Cameron but I would fight for Amir, and should they be allowed to share opinions which are at best fallacious?
Keith

If an honestly held view then yes. Or no honestly held views are safe - fallacious or otherwise.

 

[Purité Audio]

Hmmm I find it difficult to believe that Cameron hasn’t realised by now that all properly designed dacs sound identical ( reconstruction filter caveat)
Keith

 

[taotone]

Not a question of like or dislike Cameron doesn’t tell the truth.
DCS/Cameron both as bad as each other.
Keith

Are you saying he's a liar or that he's wrong?

It doesn't even matter actually.

The way to respond is to show the error not to to bully and threaten and intimidate someone. If you can't see that then you don't care about fairness, just that your team wins.

 

[Purité Audio]

I don’t see anything ‘fair’ about misleading consumers.
Keith

 

[martin900]

dCS will be present at CanJam London this week as sponsors. Perhaps they should not expect much love from the show visitors.

I think you're grossly overestimating the impact of ASR, it's actually minimal in the hi-end world. In fact, it won't even make a dent in dCS's reputation because it's a different customer base altogether.

 

[taotone]

I don’t see anything ‘fair’ about misleading consumers.
Keith

OMG. The fairness is about everyone being allowed to say what they want. Through discussion, logic and reason the truth will be displayed.

If you are happy to shut down people who you don't like or approve of then all you care about is power and that your team should win.

Stupid people and liars should be allowed to have their say too, because you never know when you will be on the side that is being silenced do you?

 

[threni]

A lawsuit would be a fantastic opportunity for a company to have the quality and value for money of its products on record for reference on any subsequent review or internet discussion.

 

[antcollinet]

We are (or should be) in the territory of

"I disagree with everything you say, but I will defend with my last breath, your right to say it."

 

[Svend P]

Tesla lost when they sued Top Gear for libel and malicious falsehood, so I don't think dCS has a case.

Top Gear's Fight Against Tesla: Jeremy Clarkson Clarifies Exactly What Happened

There was once a time when Tesla was a small company with only an electrified Lotus under its belt that they called the Tesla Roadster. It appeared on Top Gear where it had a few issues, and this resulted in Tesla taking the car show to court. Jeremy Clarkson has now clarified exactly what...

grandtournation.com

 

[voodooless]

The limitation period under UK libel/slander (published is libellous) law has expired according to the above.

That’s irrelevant since it would be filed under US law.

But also US law seems to have expiry of one to two years depending on state..

 

[Count Arthur]

I don't think Cameron is being disingenuous. He claims to hear differences in DACs and amps that others say shouldn't be apparent. However, I saw one video, where it transpires that he does have very good hearing and can hear frequencies above 20kHz, so perhaps he can detect odd things happening at those very high frequencies, that the vast majority of us wouldn't.

For most us, our hearing stops well before 20kHz, so we can just relax about whatever is going on at that end of the frequency spectrum and save some money.

He did some excellent work on the whole MQA debacle.

Regardless of all that, he doesn't deserve all this nonsense from an aggrieved manufacturer and it's good to see support from other reviewers, even if they've had their differences in the past.

 

[JSmith]

That’s irrelevant since it would be filed under US law.

Why? dCS and Cameron operate in/from the UK.


JSmith

 

[voodooless]

Why? dCS and Cameron operate in/from the UK.

Don’t know, the letter was for dCS US, not UK.

 

[Chagall]

Linus stepping in and offering support on the comments was a boss move.

As for dCS, like Tekton, they are cancelling themselves...

I don't think Linus should be the benchmark for the reviewers.

I hope that LTT's offer is genuine, and not just to grab some community points...time will tell.


Companies should be accountable for their products, actions, and reviewers for theirs. Suing the reviewer because they don't like the review in the long run just damages the company - it's funny how they don't understand that. On the other hand, reviewers should strive to be as objective and as knowledgeable as possible. It's hard to sue when facts are facts.

 

[FrantzM]

I think you're grossly overestimating the impact of ASR, it's actually minimal in the hi-end world. In fact, it won't even make a dent in dCS's reputation because it's a different customer base altogether.

Time will tell...

Doubt is creeping in the High End world.. Many are belatedly realizing that the emperor had no clothes...


Peace.

 

[somebodyelse]

Don’t know, the letter was for dCS US, not UK.

It is likely too late to sue over the Bartok review in the UK given it's well beyond 12 months from publication, the normal limit for action. I'm no lawyer, but it sounds like they would need a spectacular excuse to persuade a judge to allow it to proceed after this long.
https://www.samuels-solicitors.co.uk/news/libel-limitation-period
What's the limit in the US, and does it vary by state?

 

[Galliardist]

Perhaps this is what they are sour grapes over

May well be.

There are some comments in the dCS community's own thread on the Bartok review:

Negative Bartok review that I simply can't understand

Seriously, I can’t even begin to grasp what he’s saying, as without a word clock the Bartok is actually a little bright and harsh on initial attack, certainly not laid back or “too smooth.” dCS Bartok Review - Smooth, too smooth

dcs.community

A member there using the name wusplay posted:

The problem is that Cameron from GoldenSound was also involved in the creation of an edition of the Ferrum WANDLA DAC. Therefore, dCS can argue that he is not a purely impartial reviewer, having produced a mostly negative opinion on their product while also serving as an advisor on a competing product. This could cause trouble for Cameron.
According to the summary from Super Best Audio Friends: In October 2023, dCS expressed concerns about comments Cameron made about the Lina DAC, which he clarified were taken out of context. This may explain why the threatened lawsuit came two years later, as the continuous comments are causing damage.

This would indicate that dCS may not just sue over the review but include subsequent (and maybe less well supported) comments from a person who is involved with a key rival company.

This is worth noting. I wouldn't want to see @amirm or ASR involved in what turns out not to be a dispute purely over an independent review but also over subsequent behaviour that may be less defensible.

There are also lessons for independent reviewers here - one being to stay independent and visibly so, and another being to treat everyone fairly. The argument being presented that Cameron favoured a rival could, if it sticks, be applied to other behaviour that we may believe ethical. Here, products sent by companies for review are treated in a different way to those sent in by members: could that be enough to justify a lawsuit by a manufacturer who receives a poor review?

 

[voodooless]

What's the limit in the US, and does it vary by state?

Yes, seems to be between one and two years depending on the state.

 

[Tranquility Bass]

This is shameful behavior by dCS, pure corporate bullying. Back when I was a subjective fool, I did covet dCS products, hoping to someday be able to afford them, viewing them as the ultimate upgrade on the digital side of things. Those days are long gone, thanks in part to ASR, and companies like dCS and MSB have shown themselves to be snake oil charlatans of the highest order. They exist to fleece the wealthy, selling severely overpriced luxury to the insecure. I'm angered deeply by this. DACs are a solved problem now, there is simply no need to spend more than 3 figures on one, much less 6.

Does everyone remember when MSB used to bag ESS tech for being a comsumer grade DAC owned by a computer company ? Yep I kid you not there was a youtube video made by MSB some years ago before they made it big, and by the old man who no longer runs the company. A lot of people were having ago at him so they took the video down. They must have felt threaten by the growth in consumer grade DAC chips so they had to step up their game by carving out chunks of aluminium from aluminium billet and dividng the DAC into sections to justify their ridiculous price and to distinguish themselves from the mass market and hey it has worked for them