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To: vestor who wrote (9793)	7/5/1999 8:06:00 PM
From: Mama Bear	Respond to of 10479

"To say that California has has in place an anti SLAPP statute specifically because it is an abuse of the legal system does not make sense here." You said "I do not call the fact that a company asks a judge to consider that they have been damaged by the actions of individuals an 'abuse of the legal system'" I pointed the the anti SLAPP statute to show that the California legislature disagrees with you. I have seen only one case where a company that sued 'net posters had a legitimate case, and that was the Raytheon case. Please note that case had nothing to do with 'defamation', but with employees who were posting company property. The burden of proof in a slander or libel case is on the plaintiff, not the defendant. Barb

To: vestor who wrote (9793)	7/6/1999 5:16:00 AM
From: Bill Ulrich	Respond to of 10479

It would not be said in the legal action that ZSUN "didn't like the opinions." It would of course be stated more along the lines of libel. However, defendants' attorneys may try to show that there is an unliklihood that Plaintiff will prevail, and that this is a matter of public concern; two basic components of SLAPP. The second part is easy&#151this is a public stock forum. The first will have to go through the process of determining whether defendants' statements were true, false, or simply opinion albeit alleged as libel by ZSUN. Therefore, it's worthy of SLAPP consideration in as much that ZSUN may be alleging libel where indeed it's really fact and/or protected speech, and not likely to prevail. Both parts make up the 'abuse of process' idea that Mama Bear was communicating, and thus the potential SLAPP aspects. Obviously, we'll all be awaiting the outcome.