Regarding This Morning

[polonyc2]

I've been out of the loop regarding the latest news here but I think I got a good grasp of what went on...

first off nice to have Ozzie as Admin

secondly can someone sue a website or member of a forum based solely on actions said while under the guise of a "Screen name"...I'm no lawyer but I don't think slander or libel applies in this case as nothing was said to defame an actual person but rather just a screen name...this is not murder or some other felony where you CAN sue someone hiding under a screen name but can you slander someone using a pretend name?...it's like you can't sue the character of Han Solo for slander in the star Wars movies based on his actions in the movie because he is just a character and you can't sue the actor playing him either for those same actions...I would think the same applies to a forum...this is not a place where people come on as their real selves using their real names where slander or libel would apply...at ABX, I am polonyc2...anything that is said against me here applies to that name not to the "real" me...and since I have not patented or trademarked that name libel/slander cannot apply

I'll research this some more...

I'll be your lawyer CJ...I have lots of experience from watching lots of Matlock, Perry Mason and Boston Legal over the years

[c_white_wolf]

In order to get your real id:

The forum would have to supply your IP from the forum information and then the person suing would have to get your ID from your ISP. If these are not done in a short time and your IP is dynamic, not static, Canadian courts will not allow this whereas it seems US courts will.

The RIAA ended up with Dynamic IP errors which is why so many lawsuits failed.

[polonyc2]

Originally Posted by c_white_wolf

In order to get your real id:

The forum would have to supply your IP from the forum information and then the person suing would have to get your ID from your ISP. If these are not done in a short time and your IP is dynamic, not static, Canadian courts will not allow this whereas it seems US courts will.

The RIAA ended up with Dynamic IP's error which is why so many lawsuits failed.

but my point is that even if they do get your IP address, they have no case....you cannot sue someone based on false pretenses...me as polonyc2 and you as c_white_wolf are not actual people, we are online screen names created for use in an internet forum...anything said between us as "characters" cannot be considered slander because both of us are not using our real names etc...unless one of us trademarked our screen names then it might be considered slander/libel but otherwise no way...

slander is words falsely spoken that damage the reputation of another...proving slander in an ABX case would be pretty much next to impossible...ig I go to court suing someone at ABX for slander the judge would probably throw out the case...even in the most serious of cases where you are preventing someone from making a living it would be difficult to prove due to the nature of this website

[Gaspar]

So what did happen anyway? Anyone care to PM me and fill me in?

[c_white_wolf]

The US has had stranger inusurance lawsuits won due to a faulty legal system.

eg:

A thief breaks into a house, slip and falls, hurts theirselves and sues for damages. The judge found in favour of the thief even though the thief broke into the house.

Go figure!

Just one quick summary of (IMO) many misguided judgements in the US reported by the insurance industry.

[Rick_EE]

Originally Posted by polonyc2

but my point is that even if they do get your IP address, they have no case....you cannot sue someone based on false pretenses...me as polonyc2 and you as c_white_wolf are not actual people, we are online screen names created for use in an internet forum...anything said between us as "characters" cannot be considered slander because both of us are not using our real names etc...unless one of us trademarked our screen names then it might be considered slander/libel but otherwise no way...

slander is words falsely spoken that damage the reputation of another...proving slander in an ABX case would be pretty much next to impossible...ig I go to court suing someone at ABX for slander the judge would probably throw out the case...even in the most serious of cases where you are preventing someone from making a living it would be difficult to prove due to the nature of this website

Some people, though their own actions, have revealed their true names. This would be interesting as the revelation would be through the actions of the "harmed" party.

Could the hypothetical happen, where you and I are arguing, I admit my true name, and suddenly it is slander?

[polonyc2]

Originally Posted by Rick_EE

Some people, though their own actions, have revealed their true names. This would be interesting as the revelation would be through the actions of the "harmed" party.

Could the hypothetical happen, where you and I are arguing, I admit my true name, and suddenly it is slander?

if it were that easy to claim slander then millions of lawsuits would be filed around the world from online people who were "slandered" by other people online either through instant messaging, e-mail, forum posts etc etc...the lawsuit would be considered frivolous in a court of law and thrown out (I doubt it would even make it to court)

if I counted the number of times I was called names or insulted online I would be a millionaire by now...unless the person can prove that their lives or ability to work were severely affected by the comments there is no case...and because this happened online in a forum makes it infinitely more difficult to win a case of this magnitude...a judge would never rule so callously in favor of the plantiff because a decision of that kind would cause millions of other people to file similiar frivolous lawsuits and start a bad precedence...

an opinion expressed towards another individual is protected by the Constitution and the Bill of Rights...unless in extreme circumstances where threats of bodily harm or other very extreme cases...the ex-mod is obviously venting sour grapes and any judge would plainly see that...I know those "people" are still reading these posts either via the "Invisible Mode" or as a Guest so I will put myself out there...the last thing CJ or anybody else will have to worry about is a lawsuit based on slander or libel...shame on the person who even threatened this action to begin with

[Rick_EE]

We are assuming that the legal threat was for slander and not some other "damage"

[specmike]

Polonyc2, you bring up 1 good point that I have seen various opinions on. There has to be damage to something of value. Defining value is hard and nebulous at best but, what true "value" in a monetary or capitalistic sense does a forum name hold? It was free. In and of itself it does not create monetary gain or other profit. You can always get another unless you are banned by a specific static IP.

Hasn't there been a court case based on someone claiming that improper negative feedback to their eBay name damaged their feedback score and thus hampered their ability to generate income?

Mike.

[polonyc2]

Originally Posted by specmike

Polonyc2, you bring up 1 good point that I have seen various opinions on. There has to be damage to something of value. Defining value is hard and nebulous at best but, what true "value" in a monetary or capitalistic sense does a forum name hold? It was free. In and of itself it does not create monetary gain or other profit. You can always get another unless you are banned by a specific static IP.

Hasn't there been a court case based on someone claiming that improper negative feedback to their eBay name damaged their feedback score and thus hampered their ability to generate income?

Mike.

that Ebay example you brought up was interesting...

but in that case the plantiff has more of a case because like you said, the negative feedback score can definitely hamper his ability to generate income...but feedback score is based on the person giving the feedback's own personal opinion and you cannot force someone to say positive things about you...that case leads directly into my point about ABX--you cannot force someone to give you positive feedback here either...and the posting of negative comments against another member cannot be proven to negatively affect ones ability to generate income or any other way of life

all forums have rules against discussion of illegal software/hardware, pornographic material etc tec which can lead to legitimate legal issues but if no one can say anything negative about another member or disagree with anyone then the point of any forum is mute...a forum by definition is a place to discuss issues...it does not cover any member who gets their feelings hurt and decides to scream "LAWSUIT" when they get relieved of their duties

the guy that threatened that lawsuit was just trying to intimidate and coerce CJ into either closing down the site or siliencing members...

[Gavsman]

BTW was that guy a member here?

[XenoS_abx]

Whoa, been away for a while and missed the drama. If someone is willing to PM me regarding what went down I would be very grateful. Glad to see everything worked out in end whatever it was that happened.

[Moncho]

Don't know what went on here but I'm as well as many glad to see we are up again! To echo others thoughts this site means a lot of thing to a lot of people. Although I don't contribute as many others do, I certainly enjoy being part of this site. More often then not I'm obsorbing tons of information the members of this site provide.

Long live ABX!!!!!!!!!!!!!!!