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With all due respect to Steve Wright, I'm not sure
that I would follow his advice (uh, Steve, may we
examine your law license please?). I'm not here to
stifle discussion; my point was caution. Steve is
correct that the ultimate defense of libel or
defamation is the truth; however, as Bill Roach
pointed out, the threat of litigation is a handy club.
Having been smacked by that club a couple times, I
wanted to share my caution with those who have not
been so initiated.

You may be able to say just about anything about a
vendor and get away clean; you may not. Perhaps I got
unlucky or someone believed that my words were
potentially more damaging. Maybe I just plain p-o'd
someone. The bottom line is the same -- free speech is
a nice concept, but in this day and age it tends to be
a court-interpretted right, so your concept of free
speech may not be the same as the one held by the
attorney for the plaintiffs.

Also, when discussing the terms of your contract with
others, watch out for a clause of non-disclosure. Your
commercial records center (and for that matter, any
other vendor) may have included a clause that
prohibits you from discussing any of the terms and
conditions of the contract with anyone else.
Similarly, you may find such a statement on RFP
responses.

All I'm suggesting is that if you choose to publicly
discuss your experiences with specific vendors, you're
doing so at your own risk, unless you have the full
backing of your management.

Patrick Cunningham, CRM
(I really, really like my present job -- and I am not
beholden to any commercial records center.)

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