It would probably be hard to sustain a claim of deceit. As best I can tell, long before any wider discussion, all roles were clear or known. The email cited by IB clearly itself attempts to ensure roles and principals are not mistaken.
The test of deceit would be whether persons who are or have considered changing where they write, testify that *they only made that decision* due to being misled as to who was affiliated with or representing whom, *and that* knowing that now, they would wish not to change hosts.
But even that doesn't help IB because the easy answer is, Wikitravel is not discontinued by their action, so a person wishing to continue editing there is freely able to do so. The only people who will leave are precisely those members of the public who - knowing all the facts now known - *still* wish to do so. In which case they either were not deceived or any purported deceit has not changed their course of action.
Individual authors, not IB, have a course of action. IB the legal entity was not deceived as to representatives nor was any misrepresentation directed at IB. Indeed, I doubt that any purported misrepresentation is capable of having affected IB in a legal sense. (Tautologically so: - those who might feel they were misled will stay anyway now they know "the truth", those leaving regardless clearly either did not feel misled or else were unaffected by any claimed misrepresentation as they wish to leave even knowing "the truth", IB has the ability to communicate to all affected any alleged misrepresentations so they can enjoy this choice)
FT2
On Wed, Sep 12, 2012 at 12:40 PM, Thomas Morton < morton.thomas@googlemail.com> wrote:
On 12 September 2012 12:34, FT2 ft2.wiki@gmail.com wrote:
The side-suggestion you make is more about tortious deception (I pretend
to
be an employee or official representative of someone, or pretend not to be), but that's not alleged here. "Who was involved with whom" and relationships between those involved were unambiguous by the sound of it. (It is hard to imagine any of the individuals now complaining "I wouldn't have done/agreed that if I'd known who you really were/really
represented")
As to your second point; they explicitly make this allegation in the filing.