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Technology Stocks : Compaq -- Ignore unavailable to you. Want to Upgrade?

To: The Duke of URL© who wrote (90330)	3/16/2001 3:01:51 PM
From: Andreas	Read Replies (1) \| Respond to of 97611

Duke of URL; Thanks for the detailed response. However, I'll add the following, all of which is conditioned upon the assumption that the raging bull post is false: (1) Every repetition of the defamation is a publication in itself, even though the repeater states the source, TIMES PUB. CO. v. CARLISLE, 94 F. 762, or makes it clear that he does not himself believe the statement, (See Prosser, Law of Torts); (2) the common law privilege of "fair comment" applies to "matters of public interest". "Matters of public interest" normally do not include private enterprise (ie. cpq) EXCEPT in those instances where the comments related to the private enterprise begin to affect the general interests of the community, [there is no shortage of cases generally disallowing the privilege to statements regarding private business, but I'll cite one WILLIAMS v. STANDARD-EXAMINER PUB. CO., 27 P.2d 1, (1933)]. CPQ or Clarke may well decide that the comments regarding Clarke are not a matter of public interest since they affect a small segment of the general public (ie. investors in cpq) and if so, precedent exists for their position; (3) the point regarding malice is applicable as you point out if the privilege is applicable. Well, that was interesting. Maybe we should expand this discussion to a detailed analysis of securities statutes. That way we could really bore everyone else. DISCLAIMER: All comments contained herein are not nor should they be construed in any way, shape or form as impugning the character of any cpq employee, officer, director, shareholder or any agent thereof. Furthermore, any reference to any other poster or their posts is for informational and discussion purposes only and does not constitute a ratification, acknowledgement or agreement with such other poster or posts.