As you probably read or heard, Mark who posts here on BlogBaladi and is behind the 248am blog in Kuwait is being sued for sharing his experience at Benihana online and critisizing few things.
This issue has attracted a LOT of attention in the Middle East and even worldwide, to the extent that Benihana Inc. had to issue a PR to isolate itself from the incident.
Having said that, I believe it is extremly important that Mark win this case or that Benihana people get back to their senses and drop the case because it will affect blogs and bloggers not just in Kuwait but in the whole Middle East.
Imagine thinking twice and taking the necessary precautions everytime you want to critisize a restaurant that served bad food. This is absurd and unacceptable by all standards. Of course, this does not mean there shouldn’t be certain standards for bloggers when posting, but what is being challenged here is the simple fact of expressing one’s discontent about his/her experience at a certain place.
I’ve had myself many bad experiences at restaurants in Lebanon which I shared online and instead of receiving lawsuits, had impressive and unexpected feedbacks from the restaurants’ managers and staff members.
This is how you gain people’s trust and you enhance your image to the public, by caring about every customer and handling every comment you get, not by issuing lawsuits for people who don’t like your food.
Last but not least, I believe a lawsuit should be issued by Lebanese bloggers against Benihana for stereotyping when they assumed for some reason that Mark was a Lebanese and asked him if he was so.
What does that even mean? So what if he is Lebanese? He’s a bad person?
Until now, the lawsuit is still on and it might take some time before we have a verdict, or before whomever issued that lawsuit drops it and realizes the damage he’s done.
I don’t know much about the court system in the desert; but in the civilized world; Mark would counter sue the Chain from New York to Japan for undue stress and malice as well as Slander.
Mark counter sue them and the mice that run around their kitchens too. 😀
I think it is absolutely nonsense for Mark to have to face any charges of any kind for that matter. But I remember Benihana stating they were suing Mark for posting a video of one of the crew without their consent. Although many people do that, Im almost certain that is illegal.
Anyways, I really hope Mark wins; his blog is by far the best one in the Middle East.
If he was filming inside the restaurant, someone should have warned him not to do so. Where does it state that you can’t film what people do at restaurants?
I’m guessing you can’t do that because of the factor of invastion of privacy… Isn’t that why employers or recording machines tell the person that’s being captured that ‘you’re being recorded’ before they do so. Anyways, if it does harm to the third party (or at least claims it does harm like Benihana said), then that is an intrusion of privacy.
Once again, that’s from what I know, I may be wrong..
And there is no ‘where’ does it state that Najib. Show me where it states that you can’t rob a bank. It’s just something you know, lol.
CJ,
The law states that you can’t rob a bank but when you go to a restaurant, usually the kitchen is not available for you to go in and it does states STAFF only or whatever but since the chef is cooking in front of you, he is invading his own privacy somehow, so why not film him?
CJ,
Where do you live? What archaic laws would prevent people from taking pictures in public domain! Now you are telling me that a if I take pictures in a restaurant which is a PUBLIC place…then I would be invading someone’s privacy? Could you kindly explain that oxymoron?
Gianni,
Taking pictures of someone in public is fine, I never said it isn’t. But posting them online, and ‘hurting’ the other party is not fine. Now I know it shouldn’t be hurting, but Benihana claimed it did, and thats what the lawsuit is about. I just thought it was necessary to mention the fact that Mark video taped the guy and that is the main problem, according to the manager, and not the fact that he just posted negative things. Please question where I get my ‘archaic’ laws from after completely reading my posts.
PS if you’re reading this Mark, I’m absolutely on your side and I think the Benihana group are out of their mind to be claiming such a thing.
My impression is that the lawsuit is about the entire post and not just the video.
They want the website shut down – if it was just about he video, why wouldn’t they kindly request that the video be taken off as it’s a privacy issue, and not threaten with a lawsuit from the start? I am sure if they asked kindly that the video be taken down, with no issue regarding the restaurant review, then I am sure the blogger would have been happy to comply!
I think that the manager of the restaurant made a big mistake by initiating legal action over this whole incident, and it’s blown way out of proportion, but the legal action was stupid from the start…even threatening legal action in the comments was stupid, and shows that the people running that business are immature bullies.
CJ,
Again, how on earth would Mark be “hurting” the waiter or the “crew”? If you are saying…that means all investigative news broadcast on TV should be taken as hurtful.
Mark has all the rights unless you live in Middle East that is…where the laws and the people seem to be in Middle ages in their mentality and culture as far as individual freedoms and rights are concerned.
benhinas and their fried cats
Gianni
I said it once and im saying it again. I DONT AGREE WITH THE LAWSUIT AND DO NOT THINK MARK HURT ANYONE!!!!
I QUOTE: “”””””Now I know it shouldn’t be hurting, but Benihana claimed it did, and thats what the lawsuit is about.”””””
Please learn how to read before answering!
Wow…
You would do yourself a favor if you just stop replying ignorantly. Thanks
I actually agree with CJ, u can’t film or take a pic of anyone and post it publicly without the person’s authorization and this Gianni is mainly applied in the civilized countries, where the privacy of people is respected.
Now going back to the main subject, i think that that GM is a total idiot for reacting like that and as Nagib said, he did way negative critics on restaurants and he always got positive reactions from the owners and managers.
Michele..Wow baby! How wrong could you be? You are allowed to take any picture anywhere as far as you are not breaking into someone’s house. Now in civilized countries privacy is not defined as it is in ME. I guess you do not follow the news in USA???
Even, they can take Obama’s picture while in his swim trunks with his family. You can not have any expectation of “privacy” in public!
CJ,
Take it easy. You could disagree with my opinions.I will be very happy if you can point to what’s ignorant in my comment. Regardless; cheerio.
First of all u are in their own premises; the least u can do, is ask for permission when taking a pic.
He could be accused of a commercial spying for the benefit of another competitor.
Another example, are u allowed to film a movie or a concert u are attending?
Ur above exemple, is completely irrelevant. U are talking about paparrazi that are often sued by the celebrities.
Gianni, honey, i would have loved to debate longer but my break is over n i need to go back to my meeting!
Michele,
What the law requires is one thing. What’s accepted by that society is another. Do not confuse the difference. Commercial spying? Really? I think this is gone to the absurd! What’s so secretive about the service people who are in public? Did he steal the recpie loolll??
At a movie or a concert unless specifically stated you can do whatever you want.
My examples are relevant my dear. Papparazi cannot be held liable for “invading privacy” unless they are breaking the law of trespassing or libel.
Remember the issue is whether any laws were broken!
Respectfully.
Gianni is correct. Benihana is known for the show the chef puts on at the teppanyaki table. Like with any other performance, if the establishment does not want the performance recorded or rebroadcast, then a statement needs to be made in advance (or at the very least, notice must be placed within sight). Example – you go to a Broadway Show or the movies, you immediately hear (or read) something along the lines of “rebroadcast of this show is prohibited without the expressed written consent . . .” OR you will clearly see signs posted throughout the venue that state no recording or photos are allowed. If that is not the case with this establishment, then there isn’t anything wrong with Mark’s actions. As for the analogy to robbing a bank . . . seriously? . . . common sense prevails in that theft is clearly stated to be a crime. Additionally, ignorance of the LAW is not a viable defense. Therefore your analogy is moot. As for corporate espionage, we’re not talking about Mark stealing copyrighted material nor are we talking about trade secrets. If that were the case then Benihana would have long ago sued all those other Youtube video uploaders.
In this case, I see no sign of invasion of privacy, libel, or espionage on Mark’s part. However, I clearly see several causes of action on Mark’s behalf . . . undue stress, slander, harassment, etc. I seriously hope Mark’s attorneys are looking into any legal avenues available to him to counter-sue.