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Originally Posted by Jozawun
That sort of marketing statement drives home the point I was making about the fundamentally dishonest nature of the book.
A representor may make a statement which prima facie is technically true; however this may tell only half the story. If a statement of fact is made but the representor fails to include information which would significantly alter the interpretation of this fact, then a misrepresentation may have occurred.
If Armstrong made the same sort of claims in his promo appearances (which he no doubt did), then it clearly leaves him open to actions for fraudulent misrep.
In addition, it also leaves the publishers open to actions for innocent misrep even if they had reasonable grounds for believing that their false statements were true.
The difference between fraudulent and innocent misrep lies in the remedies available. In this case it would probably make no practical difference - the remedy would be refunding the purchase price/cost.
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I quoted the description because I was curious if the news changed anything. The description isn't changed, so if anybody buys the book today can they sue? And what are they suing for? The people who found the story inspirational 12 years ago never considered that the guy who had cancer and cycled faster than those other guys who kept being accused of taking performance drugs might have taken drugs himself?
Did the readers buy the book because he beat cancer, or because he won the Tour de France?
I'm not saying that cheating is wrong, but
this guy has a point:
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Cyclists all doped. Which makes our original question so difficult to answer: Who now holds the Tour de France titles from 1999-2005?
Let’s start with 1999 and work our way forward. We want to find the rider free of drug taint. We don’t want to go crowning a guy then having to take his title away so soon after we did so to Lance. 1999 should be easy compared to following years because Marco Pantani, the ’98 champ, had already faced a drug suspension earlier in the year and skipped the Tour. (Also, he died a few years after when he OD’d on coke and we want our new winners to be alive, so we can give them victory parades through their hometowns—we’re about feel-good stories here.)
It appears second-place finisher Alexander Zülle is our new 1999 champion! But wait. The Swiss cyclist was a member of that tainted Festina team that had just been thrown out of the Tour a year before. He even later admitted that he used drugs, and tested positive. So Zülle is out. I’d name Fernando Escartin the winner, but in 2004 a former teammate spilled the beans about Escartin’s team’s systemic doping, so that’s not a safe pick. In fourth place was Laurent Dufaux, but like Zülle, he was on that Festina team. Ángel Casero, the fifth-place rider, was named in Operacion Puerto, a big investigation into by Spanish police that took down the doctor Eufemiano Fuentes, who provided the doping fix for countless riders. Abraham Olano finished behind Casero, but he was a happy customer of Italian doctor Michele Ferrari (Armstrong was another client), who has been banned by USADA for giving drugs to his athletes. From my research, it looks like Daniele Nardello should be champ because he’s the highest finisher not twisted up in a drug scandal. Congrats, Daniele. Someone should find him and tell him.
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