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Pastimes : Legal proceedings via SI -- Ignore unavailable to you. Want to Upgrade?


To: Bill Ulrich who wrote (5)12/12/1998 8:25:00 AM
From: ztect  Read Replies (2) | Respond to of 242
 
Bill:

My understanding is that many more such cases are in the works with a number of companies and litigants.

Since message boards are now considered a media like any other media, any statement that can be construed as libelous can be persecuted as if these statements were written in a newspaper or stated on the nightly news with one major difference. Unlike newspapers and televisions that have limited range for their audiences, the Internet has a global audience. Thus the negative impact of libelous statements has greater consequence and, in turn, the damages being sought will be much LARGER.

Now posters can raise issues, confront hypsters, and point out inconsistencies and paid promotion, but posters can't cross the line and say that a company is a scam or fraudulent unless these posters have proof which they believe will hold up in a court of law. So PLEASE be careful with the words you choose.

Now regarding the attorney who wrote that message. I simply believe he was making a statement via this medium. That particularly attorney does NOT have to solicit for work.

ztect




To: Bill Ulrich who wrote (5)12/13/1998 12:19:00 AM
From: Estimated Prophet  Read Replies (2) | Respond to of 242
 
Are you accusing that law firm ofhaving used those tactics before? Maybe I don't understand your post.

There is no doubt whatsoever that irresponsible posting can be subject to civil liability for libel. All of the elements of the cause of action can be met by the posting of false information with knowledge of the falsity or reckless disregard of the truth of the statement.

The threat of civil liability cannot be avoided by anonymous posting. I know of no good legal reason why the people at SI would not have to reveal the name of a poster when subjected to a subpoena to produce the information.

This would seem to be good for the responsiblity of posts on SI so I view it as a positive development.