Both tell me Bobs in trouble
On Fri, 28 May 2010 09:01:13 -0500, WTF wrote:
> There has been a great deal of rhetoric about Bob T and his comments
> to Stu being libelous or malicious harassment, so I thought I'd check
> it out.
>
> I had a conversation with two lawyers I play squash with, and they
> both tell me Bobs in trouble.
> If the logs are retrieved from Bobs news provider, and his identity
> is proven, the evidence against Bob ( Bob's own posts) floating on
> the Internet for all to see for many years to come is irrefutable.
> To further prove who Bob is I'm betting he paid with a credit card.
>
> Will his identity accidentally make it to the net?
your squashbuds don't know what they're talking about:
Generally speaking, defamation is the issuance of a false statement about
another person, which causes that person to suffer harm. Slander involves
the making of defamatory statements by a transitory (non-fixed)
representation, usually an oral (spoken) representation. Libel involves the
making of defamatory statements in a printed or fixed medium, such as a
magazine or newspaper.
Typically, the elements of a cause of action for defamation include:
1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that
is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at
least to negligence on the part of the publisher; and
4. *Damage to the plaintiff.*
<http://www.expertlaw.com/library/personal_injury/defamation.html#1>
take note of #4. no tort, no suit. saying rude things about stu on usenet
does not constitute 'damage,' unless he hangs himself out of emotional
distress or something.
blake
|