Again, "actual malice" doesn't mean "acting maliciously" in the colloquial sense. It's a legal term of art from the aforementioned NYT v. Sullivan case and is explicitly defined as "with knowledge that it was false or with reckless disregard of whether it was false or not." Publications leave up articles they know to contain falsehoods (that were believed to be true at the time they were written) all the time. Unless libel (and therefore actual malice) is shown, I don't know of any precedent that would imply an obligation to issue a retraction.
That appears to be Ubiquity's argument, but we've only got one side at the moment, and to my reading (uneducated as to US defamation law) it's far from proven.
Well yes you wouldn't expect anything to be proven at this point. There is only a complaint. We are discussing the reasonableness/plausibility of the allegation. All I'm saying is that to me it seems plausible.
