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FIB - Scams 101 - Ye Olde Archives
Posted By: P. Drammel <pdram294@yahoo.com> In Response To: The Roadie's here (The Roadie)
Sunday, 26 June 2005, at 10:27 p.m.
Everyone in this thread...
Roadie's post was different in that he painted her in a criminal light without eveidence and THEN he also posted her personal contact info along with these false claims. I say "false claims" because he has no real proof of anything he posted in that post on that thread; just some things he found in a search which was conducted by you for really no reason that is valid. He is a 3rd party and it scares me to think I or anyone chances being violated just for posting a question. Just because he thought or it was of your opinion that Kareema was a crook, it does not make it so and he gave no hard evidence to prove you opinion was fact. He (Roadie) no doubt has some lurking fans here, both sane and insane. To post her contact info in the same thread/post where you literally defamed her or committed libel against her is in fact shaky ground or "thin ice" for you, Roadie.
Jim, your lawyer said that they can't sue (blah, blah, blah), however, anyone can sue anybody for anything. It is a matter of winning or actually getting the case admitted to the court. But in the process, people lose time and money, even the innocent ones and the ones who win the case.
Lesly, I would think carefully before letting rebel investigators post as regulars on your forum. the laws are not black an white and in this particular situation, had anything happened like a disgruntled FIB lurker goes and hacks up the person who had their privacy violated because he believed roadie in his assessment that the person was a crook, you can in fact be sued and found accountable in a court of law (along with roadie) regardless of the disclaimer on your site. Or, even if you lose the case, it may cost you an arm and a leg to defend yourself. Sure, you win, but the time and money spent could turn out to be a huge disaster for you and even your life, depending on how much you lose.
Remember, not all situations are created equal. This situation was much different than the general situation folks are throwing around here. Jim’s situation was not at all like this one so to compare them is simply not a valid argument.
Also, about not being anonymous, that is not correct either. If they use a bogus name and a free or even paid anonymous proxy server to post, you will have a very hard time finding out their identity. Heck, you would find it hard to find their identity if they did not use an anonymous proxy server as you cannot get contact info of the user with just an IP address unless you have proper clearance. And just because you THINK someone is a crook is not valid enough reason to get clearance to get the contact info from an ISP. They have to protect the privacy of their customers to a certain degree and they stick to it. Go ahead. Look up Kareema's IP, contact her ISP and tell them you need the contact info of the person using that IP. See how far you get.
Be careful. Not only as an internet surfer but also as an internet investigator like Roadie. He has laws he must abide by, too and I personally have seen him step his bounds, like in this situation.
And also, the thing about the "threats of lawsuit". Well, I saw no threatening on Kareema's part. She was simply stating her next steps. But you have to admit, thems is powerful words. I don't blame her for using those words, as she no doubt could have been scared out of her pants. Things could have escalated beyond the imaginable. Again, careful what you do, legal statements won't always make you immune in every situation.
Your friend in business,
P. Drammel
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PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE YOU FILE A LAWSUIT OR EVEN WASTE TIME THINKING ABOUT IT. It has been done before, but never successfully. In fact, the last dodobird who tried it ended up being ordered to pay more than $77,000 in attorney fees ($65,000+ to my attorneys and $12,000+ to my co-defendant's legal advisor).
If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |