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Thread: Libel in an internet blog

  1. #16
    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Libel in an internet blog

    Actually- since sava is not a public figure, the burden of proof would be lower in this case- you'd just have to prove that this kid did not act with due care.
    Last edited by Dom Heffner; 02-08-2007 at 01:18 PM.

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  3. #17
    Maple SERP savafan's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by Dom Heffner View Post
    Actually- since sava is not a public figure, the burden of proof would be lower in this case- you'd just have to prove that this kid did not act with due care.
    What does that mean?
    My dad got to enjoy 3 Reds World Championships by the time he was my age. So far, I've only gotten to enjoy one. Step it up Redlegs!

  4. #18
    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by savafan View Post
    What does that mean?
    It basically means that he was negligent. If he wasn't even there, one could argue that he was negligent in disseminating a statement of which he could not have known to be true. For his defense, he may argue that it was told to him by someone who was there (which could still mean he was negligent), or that he was just offering his opinion of the situation, both of which would require further examination.

    Jurisdictions are different, but the defense that usually goes up is the latter. In some areas, there is no distinction between opinion and fact, in others there is. If this was the leader of your church saying this, you'd have a much stronger case, perhaps, than someone who only knows you casually or who is perceived to know you casually.

  5. #19
    Churlish Johnny Footstool's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by savafan View Post
    I have two threatening answering machine messages as well telling me that he'll find me and make me pay for what I did...which really, what I did, was date his ex after he broke up with her, then when he begged for her to come back to him, she did.
    Call the cops on the idiot.

    The guy obviously has emotional problems that need to be taken care of. I'd be worried that he might do something to you or even the girl later on.
    "I prefer books and movies where the conflict isn't of the extreme cannibal apocalypse variety I guess." Redsfaithful

  6. #20
    Hisssssssss Yachtzee's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by Johnny Footstool View Post
    Call the cops on the idiot.

    The guy obviously has emotional problems that need to be taken care of. I'd be worried that he might do something to you or even the girl later on.
    Yeah, if he's calling your house and making threats, this goes beyond defamation.
    Burn down the disco. Hang the blessed DJ. Because the music that he constantly plays, it says nothing to me about my life.

  7. #21
    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Libel in an internet blog

    sava, you have a lot of drama going on, buddy. I hope all this stuff happening to you hasn't gotten you down.

    And I can't believe this guy is dumb enough to leave messages and write things about you- both of which hold up much better in court than if he were to speak them into thin air. Dumb, dumb, dumb.

  8. #22
    Mon chou Choo vaticanplum's Avatar
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    Re: Libel in an internet blog

    sava -- I wouldn't worry about this beyond asking myspace to take it down, if that. The context in which this guy says bad things about you is pretty much rambling and insane. It looks like a drug-induced mess. If this ever comes up to you by anyone who's read it, explain that it's not true. Anybody who has trouble buying that would, seems to me, be someone not worth your time.
    There is no such thing as a pitching prospect.

  9. #23
    Baseball card addict MrCinatit's Avatar
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    Re: Libel in an internet blog

    I agree with the above - if he is calling your house, this is harassment bordering on physical endangerment.

  10. #24
    Passion for the game Team Clark's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by savafan View Post
    Interesting, how did you begin the process?
    I contacted my employer to alert them. They contacted our Security people. They took it from there and they are not fooling around. It would be a lot more interesting if it were not happening to me! It's amazing what good investigators can pull together in no time.
    It's absolutely pathetic that people can't have an opinion from actually watching games and supplementing that with stats. If you voice an opinion that doesn't fit into a black/white box you will get completely misrepresented and basically called a tobacco chewing traditionalist...
    Cedric 3/24/08

  11. #25
    Maple SERP savafan's Avatar
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    Re: Libel in an internet blog

    I'm curious, if I went to the authorities, would I go to the authorities in my city, or in his city?

    Also, he's now made his profile private. I'd love to see what might be said on there now.
    My dad got to enjoy 3 Reds World Championships by the time he was my age. So far, I've only gotten to enjoy one. Step it up Redlegs!

  12. #26
    Hisssssssss Yachtzee's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by savafan View Post
    I'm curious, if I went to the authorities, would I go to the authorities in my city, or in his city?

    Also, he's now made his profile private. I'd love to see what might be said on there now.
    I suppose it depends on the city, but I would go with your own city first.
    Burn down the disco. Hang the blessed DJ. Because the music that he constantly plays, it says nothing to me about my life.

  13. #27
    Passion for the game Team Clark's Avatar
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    Re: Libel in an internet blog

    Quote Originally Posted by Yachtzee View Post
    I suppose it depends on the city, but I would go with your own city first.
    Your own. They will establish jurisdiction for you and then contact his city's authorities. Just remember that once the ball starts rolling you really can't stop it.
    It's absolutely pathetic that people can't have an opinion from actually watching games and supplementing that with stats. If you voice an opinion that doesn't fit into a black/white box you will get completely misrepresented and basically called a tobacco chewing traditionalist...
    Cedric 3/24/08

  14. #28
    Big Red Machine RedsBaron's Avatar
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    Re: Libel in an internet blog

    Sava, reporting this person to the authorities is probably the better way to go, although Team Clark is correct is stating that once the ball starts rolling you cannot necessarily stop it. The threats would concern me more than anything he posted on MySpace.
    As for a civil suit for libel, I have no idea at all as to what laibility, if any, MySpace could have. Any libelous statements the poster made against you would be actionable, and since you are not a "public figure" the bar would not be raised as high for you to win. However, that does not mean that a lawyer would recommend that you file suit.
    There are three essential elements to any suit worth pursuing. First, you want a good liability case; you may have that. Second, you need to have suffered significant enough monetary damages to make the case worth pursuing, and the burden of proof will be upon you to establish those damages--litigation is extremely expensive. Yes, you can seek punitive damages as well as compensatory damages, but you usually do need some compensatory damages. Third, you need a liable defendant with "deep pockets" who can be forced to pay any judgment you may obtain--if the defendant is essentially "judgment proof" with a lack of resources from which you can collect, then a wonderful liabilty and damages case won't put any money in your pockets.
    Finally, you should consider whether or not filing a civil suit would simply result in greater publicity of the accusations made against you in the original MySpace post, and whether or not being sued would cause the defendant to react irrationally, given the threats you stated you have already received.
    Last edited by RedsBaron; 02-09-2007 at 07:36 AM.
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."

  15. #29
    Maple SERP savafan's Avatar
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    Re: Libel in an internet blog

    Those are all excellent points Redsbaron. Thank you.
    My dad got to enjoy 3 Reds World Championships by the time he was my age. So far, I've only gotten to enjoy one. Step it up Redlegs!

  16. #30
    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Libel in an internet blog

    I have no idea at all as to what laibility, if any, MySpace could have.
    My understanding is that MySpace cannot be held liable.


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