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Old 15-01-2004, 09:44 AM
Jim Morcombe
 
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Default What Can I Legally Say?

I think the final Memorandum & Order makes it quite clear that we can say
what we want to say without threat of a law suit.

The judge literally through all but one of the cases out of court and
included a few sarcastic comments.

Jim




Bob Alston wrote in message
news:g5pNb.1691$AA6.763@fed1read03...



"Eric Schreiber" wrote in message
...
"Jim Morcombe" wrote:

I'm an Australian, but I assume the same holds true in America.


Probably, but I suspect that America holds the world title for Really
Stupid Lawsuit Abuse. It's damn near the national pastime.


--
www.ericschreiber.com


Before you shoot your mouth off, take a good read at this:

http://petsforum.com/psw/

Regardless of the appropriateness of what you say, a vendor who is unhappy
with what you post can file a suit and cause you to spend money on

attorney
defense. Tread carefully.

--
Bob Alston

bobalston9 AT aol DOT com




  #19   Report Post  
Old 15-01-2004, 07:35 PM
Dustin The-Wind
 
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Default What Can I Legally Say?

Tell me who and what and I will say it !

  #20   Report Post  
Old 15-01-2004, 08:14 PM
RedForeman ©®
 
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Default What Can I Legally Say?

I was in ARIZONA once, to see the GARDENS... but they were not open....

you could always, 'mask it up' a bit, so as to not 'say' anything 'not good'
about a certain 'insert company here' that you dont want to 'implicate
yourself'

just goofin'...

--
RedForeman ©®


"Bol Bitis" wrote in message
om...
(Nsty N8) wrote in message

...
Hello

I received BAD service from an online plant dealer. The site was

incorrect
about what they had in stock, the plants were shipped 2 weeks late and

they
won't respond to my emails or phone calls. I also received melted

plants.

What can I say or write without getting myself sued.


N8


N8-IMO, and my son's, who is a lawyer, you can get sued for anything,
or even nothing if the other party wants to sue you, they will.
Getting justice is possible, but unfortunately slow and expensive.

As far as your dilema, it would be helpful to hear who it was, what
happened, and what attempts they made to make it right.

To assist you, you could post anonymously using Goggle, via a
throwaway email account at say yahoo, via a proxy server which is what
I'm doing for this post.

While it is possible for someone to track you down, it is very
difficult to do so when this technique is used.

BTW-was the online vendor located in a state that has a city named
Phoenix in it?

Bolbitis





  #22   Report Post  
Old 15-01-2004, 11:42 PM
Chuck Gadd
 
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Default What Can I Legally Say?

On Thu, 15 Jan 2004 16:49:10 +0800, "Jim Morcombe"
wrote:

I think the final Memorandum & Order makes it quite clear that we can say
what we want to say without threat of a law suit.

The judge literally through all but one of the cases out of court and
included a few sarcastic comments.


And it cost each of the defendant at least several thousand dollars to
get to that point. The second lawsuit started in May 2001, and the
judge hasn't even begun to evaluate if there is any merit to the case.


Chuck Gadd
http://www.csd.net/~cgadd/aqua
  #23   Report Post  
Old 16-01-2004, 09:04 PM
Graham Ramsay
 
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Default What Can I Legally Say?

"Eric Schreiber" wrote
NetMax is fairly anonymous, but highly respected - anything
he says carries a large level of credibility



I always assumed he was a she. Don't know why.

--
Graham Ramsay
Learn about the work of the JREF
www.randi.org



  #24   Report Post  
Old 17-01-2004, 12:34 AM
Eric Schreiber
 
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Default What Can I Legally Say?

"Graham Ramsay" wrote:

I always assumed he was a she. Don't know why.


Ain't anonymity a wondrous thing?


--
www.ericschreiber.com
  #25   Report Post  
Old 18-01-2004, 09:32 PM
NetMax
 
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Default What Can I Legally Say?


"Eric Schreiber" wrote in message
...
(Nsty N8) wrote:

What can I say or write without getting myself sued.


In addition to my other comments, you have the option of posting
anonymously, for example via Google using a throw-away Hotmail
account. You can still be tracked down via IP address, but doing so
requires a good amount of technical expertise, and possibly the
co-operation of one or more ISPs - in other words, it puts an up-front
burden on the company to even attempt the lawsuit, which will stop the
less rabid sorts from pursuing it.

On the other hand, comments made by anonymous posters, unless they're
well-established and respected in a group by some screen name, are
less likely to be taken seriously by the average group reader. For
example, NetMax is fairly anonymous, but highly respected - anything
he says carries a large level of credibility - whereas a newcomer who
appears to have shown up for no other reason than to gripe would be
largely ignored.


Whew! considering the source of the remark, and the calibre of the people
in this newsgroup, that's quite a compliment, thanks!

I hate being anonymous, but I hate spam more (and me with a slow dial-up
too). My hotmail account fills to maximum (sorry if legitimate emails
have trouble getting through), and I just trim off the top 5% to keep it
active.

As for Graham pondering whether I'm a guy or gal, my beard would give
that one away quickly ;~)

I'm sorry I can't add anything useful to this thread. In Canada, I think
that you could probably stay out of trouble if you kept to verifiable
facts, and presented your case objectively, but I have no legal
background, and it varies by country, so I'll just mostly read along.
Personally I think that litigation is the last resort of inflexible and
unimaginative people. What is certain, is that litigation starts as a
financial & emotional burden which ignores who is right and who is wrong,
(and from there, it goes downhill ;~), and my regards go out to all
hobbyists (buyers or vendors) who find themselves involved.

NetMax

--
www.ericschreiber.com




  #26   Report Post  
Old 19-01-2004, 12:04 AM
Eric Schreiber
 
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Default What Can I Legally Say?

"NetMax" wrote:

Whew! considering the source of the remark, and the calibre of the people
in this newsgroup, that's quite a compliment, thanks!


Bah! The source is just some mope who likes playing on Usenet almost
as much as he likes fish. I try to help out when I know an answer but
with only about 14 months (this time) in the hobby I'm still a newbie.

But anyway, you're welcome. You deserve the compliment.

I hate being anonymous, but I hate spam more (and me with a slow dial-up
too).


I get in the neighborhood of 250 spams per day (no, that's not an
accidental zero on the end of that number) so I sympathize. I've got
DSL and some really good filtering software (www.spamal.org) so the
situation is tolerable, but via a dial-up I wouldn't be able to stand
it.


--
www.ericschreiber.com
  #28   Report Post  
Old 20-01-2004, 05:09 AM
Bassett
 
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Default What Can I Legally Say?

the question about libel, has been discussed on other news groups
in great depth, and I personal know on one person who looked into the
question of suing someone,, After he learned just how complex the issue is
, he just went away and made a doll, which he know sticks pins into.

Unless you have a large amount of money, and plenty of time forget all
about it.. If Jo Blow tells everyone on the internet via a news group, that
you have a square head, to sue the person for libel, you will need to serve
EVERY ISP news server, that carried the supposed libel, at exactly the same
time, with court appearance papers, WORLD WIDE.
Simple because if one ISP carried the libel, He alone cannot be considered
guilty on his own, regardless of where and which ISP excepted the original
post // message.

About the only thing you can do, also with a small degree of success,
is attempt to report the offender to his home ISP, If you can find it,
locate it, and positively identify the offender by his e-mail address, which
in a lot of cases is near impossable, If the offender goes between
different servers, free or otherwise, to get his message across...

bassett

"Eric Schreiber" wrote in message
...
"NetMax" wrote:

Whew! considering the source of the remark, and the calibre of the people
in this newsgroup, that's quite a compliment, thanks!


Bah! The source is just some mope who likes playing on Usenet almost
as much as he likes fish. I try to help out when I know an answer but
with only about 14 months (this time) in the hobby I'm still a newbie.

But anyway, you're welcome. You deserve the compliment.

I hate being anonymous, but I hate spam more (and me with a slow dial-up
too).


I get in the neighborhood of 250 spams per day (no, that's not an
accidental zero on the end of that number) so I sympathize. I've got
DSL and some really good filtering software (www.spamal.org) so the
situation is tolerable, but via a dial-up I wouldn't be able to stand
it.


--
www.ericschreiber.com



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