If you feel I have committed a crime against you, call a lawyer. I could care less what your opinion is of things, your a criminal. Quick legal lesson for you.
Where I find it distasteful that you have repeatedly and specifically stated that I was a criminal and that I committed specific criminal acts, the fact is, it is not a crime to make those statements. That would be a civil matter. In which case, I would call a lawyer. If it was a crime, I would call the appropriate law enforcement agency.
But even when it is a civil malfeasance there must be certain conditions present for it to be actionable defamation of character. The first is that the libel or slander would have to be made against me. We have established that my name is not really Jorj X McKie. And in fact, I am not even unique in using the alias on the internet. There are many different people using Jorj X McKie on many different websites. We have also established that N.Dixon is not your real name, so that means that there is no way that you can take legal action in our courts for things said about N.Dixon. Silicon Investor can handle things the way they see fit, but we are talking legal recourse.
So for defamation to be actionable, it must
1. Be false
2. It must be harmful
3. Was made without adequate research into the truthfulness
1. As far as what you have said about me. It is 100% false. First test passed
2. Harmful, this is the trouble spot for me. My name is not Jorj X McKie. My good name is still intact. But there is another test. To be harmful, the statement must be believable. Realistically speaking, I know that you haven't harmed my credibility on SI. My actions and reputation over the years far outweigh anything that you or anybody else can say. The other part of it is that you don't have any credibility to start with. Even if what you said was true, nobody would believe you anyway.
3. Well, we know that you didn't put any effort into this. It would take a nominal effort to establish the truth about me.
So....for me, I don't even have to go to a lawyer. I know that I don't have an actionable case.
So let's look at it from your perspective
1. Where I know that you think you have me on this one, you will find it very difficult to find a direct statement made by me about you that is false.
2. Harmful. I'd say that my online persona definitely has more credibility than your online persona, but your name is not N.Dixon. There is no way that N.Dixon can be used as a unique identifier such that the reputation of your real identity is harmed. I brought up the credibility part for a reason. It matters. A police officer declaring someone is a criminal carries more weight than a homeless person. The credibility of the person making the statement goes directly to whether the statement is believable or not. Which is a criteria of it being harmful. When you attack my credibility with your various accusations, you make my options for legal recourse stronger and yours weaker. To make your case for defamation stronger, you need to build up my credibility. Your catch 22 is that, if you admit that I am not the criminal that you have made me out to be, then you start to re-establish my credibility, which damages your efforts with REFR because you are then establishing that what I say is true. Regarding what other have said, under this criteria, some of the less tasteful statements made about you by other people were not only not believable, they were opinions and didn't indicate an actual specific believable behavior. Even if your real name was used, if you go by the literal meaning of "F******* W******" or "Paid Trollop", there is no reasonable person who would believe that you engaged in the literal meaning of "F & W* or that you are actually paid to be a trollop. Where these might offend some with more delicate constitutions, they are not legally actionable.
3. Since i have never accused you of any illegal activity, this one isn't going to help you out a lot. In fact, I have stated quite clearly that, at this time, I don't see any evidence that you have done anything illegal. However, there is ample evidence that you are promoting the stock. This evidence exists here on SI as well as many other sites where REFR is discussed. But as far as I can tell, you are promoting it because you bought into REFR's bullshit to the point that you are probably over-committed to the stock financially and you need the price to go up to exit. (btw: there is a thing called "cutting your losses").
The only reason that we are talking about lawyers and law enforcement is that you keep on bringing them up along with your specific accusations of criminal behavior. As all are probably painfully aware, when you have been challenged to put me in touch with your lawyers and law enforcement, you have backed off every time.
I doubt very seriously that you have ever contact any lawyer or law enforcement agency about anything that I have ever done or said. Though, I admit that I can see how might be foolish enough to do so. But if you did, there is no question that they laughed in your face and told you to grow up and get a job.
damn, post is too long, you'll claim you didn't read this one either. |
