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FIB - Scams 101 - Ye Olde Archives
Posted By: Jim Wilson
Monday, 4 September 2006, at 7:23 a.m.
From Specticle.org....
"Libel" involves the publishing of a falsehood that harms someone. Slander is the same doctrine applied to the spoken word. Collectively, they are referred to as "defamation". Both are a matter of state laws, which usually (not always) require that the falsehood be intentional."
Just clearing up the definitions on what this guy did. So he basically defamed the character of another person in a libelous method.
What really gets a little interesting is when the person who has been defamed decides that they want to also "burn" the board owner(s) where such post were placed. This has happened to me twice thus far and I know that Leslie has also dealt with it. Thankfully the anti-slapp laws kick in and protect we board owners. (In California where Leslie is and here in Florda)
And yup, I agree - this guy has stepped into "it" really deeply. You can write facts that defame because at least then you can defend them. So long as they are the truth that is. But when you add opinions it is an all new ballgame. What always amazes me is when people spam boards like this thinking that they are immune to litigation because the post is anonymous. What they fail to realize is the fact that the post are anything but anonymous and if the case were to go to court the board owner is compelled to assist the legal process in any manner possible. In other words they will be traced and even if they aren't in the US litigation can be pursued.
Behind the scenes there is a lot of things that go on that the visitors of boards such as this have no idea are even happening. Lawsuits, threats, intimidation (well attempted at least), and the like occur more often than any of we board owners would ever want to admit. For those who see having a board like this as a windfall of checks coming in they need to realize that this comes with the territory.
Jim Wilson
AuctionHints.com
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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!!). |