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Herald: Smerlas ponders suing Globe

Good. I hope he extracts a pound of flesh from that rag. They don't have much flesh left, with plummeting readership, circulation, and ad revenues. Any 'correction' the Globe runs--and they obviously run many, many such 'corrections' daily--probably was buried in some obscure corner of some obscure page. It's their 'We-are-obligated-to-run-this-correction-but-we-also-want-to-make-sure-no-one-really-sees-it' way of doing business.
 
I've heard ads for his tailgate party on the Big Show and they talk about special packages being available that include tickets. No doubt for a price well above face value. Maybe it's not technically scalping but it's the same effect. Just like they have ads for ticket scalpers, uh, brokers like Stub Hub.

I know--supply and demand.
 
Hey it's like Bill Parcells says "Ya are what ya are".
Smerlas can try to hide that he charges a premium for the ticket to the Pats game in with all the other things you get when you purchase an All Pro sports package but come on...everyone knows they're paying extra for the ticket.
He and others may not like the fact that it's called "Scalping" but that's exactly what it is.
I don't begrudge him for making a buck and wish him the best in his endeavors but everyone knows it's scalping.
If he can prove and by so I mean showing the cost of the package and breaking all the costs down and those costs can be verified and it comes out that he's strictly charging face value or at most a ticketmaster "handling charge" then and only then does he have a leg to stand on.
 
Reason number 6,234 I can't stand the pink in the mink. He doesn't have a brain...well he has one, he just doesn't use it.

Freddy, if you charge more than the face value of a ticket, that is scalping. Sorry, that's what it is. You can call it part of a package, you can call it whatever you want, but the facts are, you are scalping.

It's funny, that's like Barry Bonds saying "I'm gonna sue you if you say I did steroids!"
 
I actually think he has a chance here. I suppose it will come down to what the meaning of the word "scalper" comes down to.

The 3 elements of defamation are:
1. Info must be untrue
2. Paper must know it's untrue.
3. Paper must be shown to be intentionally trying to hurt business or personal life of plaintiff.

1. Scalping is illegal and Fred (to the best of my knowledge) has never been charged with this offense.
2. I think the Globe knows he's not a scalper.
3. You could interpret this, as trying to hurt his biz.

It's very tough to win a suit like this. Maybe they can reach a settlement and avoid a costly trial?
 
Freddy's suit will be heard right after Thanks Dad Gaston's suit against the WSJ is heard.
In loose terms anyone who marks up ticket prices is a scalper,if the mink fits .....
 
weee said:
Reason number 6,234 I can't stand the pink in the mink. He doesn't have a brain...well he has one, he just doesn't use it.

Freddy, if you charge more than the face value of a ticket, that is scalping. Sorry, that's what it is. You can call it part of a package, you can call it whatever you want, but the facts are, you are scalping.

It's funny, that's like Barry Bonds saying "I'm gonna sue you if you say I did steroids!"
Click to expand...

If he wasn't reporting his income, it would be scalping. His company is providing a service, they charge a fee for it. People pay fair market value for the service he offers. It is how American business is run. The scalpers you see outside of Fenway and around Gillette are scum bags who are just a touch above drug dealers in life. They pocket all of the cash and the gov't doesn't see a dime.

Mule
 
I don't think he'd have to prove that the Globe knew it was untrue, but rather that they either knew it to be untrue or acted with reckless disregard as to whether it was true or not.

OTOH, does the term "scalper" really necessarily mean that the person was engaged in unlawful selling? Isn't the term broad enough to encompass anyone who re-sells a ticket, whether legally or not? If so, then the Globe might try to mount a "truth" defense, if he sued.

And, also, what are his damages? Would he actually have been harmed in any way?

Seems unlikely. If anything, all the publicity might have helped his business.
 
listeners to WEEI should sue that sinking station for putting that bumbling 'drat' on the air 2x a week. its bad enough you have to listen to pete sheppard, but with fred it unbearable. I cant listen to the belichick interview because all they do is drop and give him a lewinski.
 
I just don't get it. My personal opinion is that he's an idiot and a goof and horrible on the radio....that's my opinion....Now, the facts are that Boston is a baseball town, and to have him and DiOssie on 2 times a week when the Sox were closing in on the championship, and now in the postseason, for them to be on more than 1 time a week is just stupid.
 
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