Posted by: Kash Farooq | August 18, 2011

Another translation of that Boiron letter

Edit: Peter English has also provided a translation in the comments.

Here is a translation by a colleague of mine, Sergio Malatesta, of the letter that Boiron sent to the hosts of http://www.blogzero.it/.

[The untranslated letter can be found here and here. An “informal translation” can be found here.]

Subject: Website Blogzero.it Defamatory content Warning and request of removal

From the NIC Registry you are the manager of blogzero.it, registered to the name of Mr Samuele Riva

 On the 13th of july 2011, on the above mentioned website posted an article with title:

“Homeopathy Myth and legend(1)”  signed by “Samuele”, defamatory of Homeopathy and our company.

Particularly, on the above mentioned article, that seems to be the first of a series of articles, after having displayed false opinions and with no ground on homeopathy, has been published the picture of two tube dose of our medicine “Oscillococcinum” with the following quote: “the total nothing that according to Boiron is the cure for influenza… diluted 200C does not contain any molecule of active ingredient!”. 

Subsequently , on the 27th of July 2011, another article has been published, with the title: “Homeopathy Myth and legend(2)”, signed by “Samuele”, again with the defamatory content on homeopathy and of our medicine “Oscillococcinum”.

In particular, under the picture of the package or our medicine, is reproduced the following caption ”Seriously damages the intelligence (of the person buying it)”.

The article then goes on mentioning our medicine and our company and announcing a further article on the matter.

The publication over internet of the above mentioned false and derogatory messages both of homeopathy and of our company, are carrying the details of a crime of defamation based on the article 595 of Penal law and could damage our image that could be considered compensable as a civil matter.

Your, as the manager of the blog, from whom the messages above keep on being delivered and spread, are responsible for the control of the content of the above messages and are, so, responsible for both the penal and civil defamation that is still happening.

In light of what is reported above, we are demanding, as a manager, and so as the subject responsible for blogzero.it immediate removal no later than 24 hrs from receiving this letter all the articles named above signed by “Samuele”, including every picture of our medicine and any reference to our medicine and our company.

We also warn that you are not authorised to use in your Blog any products images and of any logo distinctive of our company.

We also warn you to remove access to blogzero.it from Mr Samuele, author of the defamatory articles named above.

Failing the above we reserve the right to any further action to protect our rights and interests.

Regards

…..


Responses

  1. I’d suggest:

    On the 13th of july 2011, on the above mentioned website posted an article with the title “Homeopathy Myth and legend(1)”, signed by “Samuele”, which is defamatory of Homeopathy and our company. [Can you defame homeopathy? It’s not a person, or even a legal “person” like a company…]

    Particularly, on the above mentioned article, that seems to be the first of a series of articles, after having displayed false opinions and with no ground on homeopathy, has been published the picture of two tube dose of our medicine “Oscillococcinum” with the following quote: “the total nothing that according to Boiron is the cure for influenza… diluted 200C, it contains not a single molecule of active ingredient!”.

    Perhaps:

    Of particular concern, in the article – which appears to be the first of a series of articles – after displaying false and groundless opinions on homeopathy, there is a picture of two ampoules of our “Oscillococcinum” medicine with the following quote: “the total nothing that, according to Boiron, is the cure for influenza… diluted 200C it does not contain any molecule of active ingredient!”.

    Another article was published on 27th of July 2011, entitled “Homeopathy Myth and legend(2)”, signed by “Samuele”, again with content which is defamatory about homeopathy and our medicine “Oscillococcinum”.

    Indeed, the caption under a picture of our medicine’s packaging states: ”Seriously damages the intelligence (of the person buying it)”.

    The article then goes on to quote our medicine and our company and to announce a further article on the matter.

    The internet publication of the above mentioned messages which are false and derogatory about both homeopathy and our company constitute defamation, a crime under article 595 of Penal law, and gravely damages the reputation of our company, constituting the civil tort of defamation.

    Lei, nella Sua qualita di gestore del blog, a mezzo del quale is messagi sudetti sono stati e continuato ad essere diffusi, e responsabile del controllo sul contenuto dei medesimi ed e, dunque, correponsabile sia sotto il profilo penale che civile della diffamazione ancora in corso

    You, as manager of the blog through which these messages have and continue to be disseminated, are responsible for controlling of the content of the above messages and are, therefore, responsible for continuing criminal and civil defamation.

    In light of the above, we demand that, as manager, and therefore the person responsible for blogzero.it, you immediately (and withing within 24 hrs of receiving this letter) remove all the articles named above signed by “Samuele”, including every picture of our medicine and any reference to our medicine and our company.

    We also warn that you are not authorised to use in your Blog any products images and of any logo distinctive of our company.

    We also warn you to remove any access to blogzero.it from Mr Samuele, author of the above named defamatory articles.

    Failing the above we reserve the right to take further action to protect our rights and interests.

  2. […] Italian) to the internet provider in question demanding the removal of the article, etc. (Several translations of the letter appeared to show Boiron taking exception to a number of points in the […]

  3. […] Italian) to the internet provider in question demanding the removal of the article, etc. (Several translations of the letter appeared to show Boiron taking exception to a number of points in the […]

  4. Besides all other comment about the translation, there is an incorrect translation of the italian verb/noun “curare/cura”.
    In Italia, the verb curare does not necessary imply that the illness is cured. Most often, it is better translated in English with “to treat”.

    Same with the noun: “la cura” is commonly intended as “the therapy”.

    http://www.wordreference.com/iten/curare

  5. […] Next » The huge homeopathic company Boiron has made legal threats against Italian blogger Samuele Riva, because he pointed out the obvious fact that they are defrauding the public. The threats came after the publication of part 2 of his article, which is reproduced below. Their threatening letter has been translated into English here. […]


Categories

%d bloggers like this: