Arny Krueger
09-01-2003, 03:16 AM
Anybody know the history of Usenet-based slander suits, IOW slander suits
based entirely on a statement made on a Usenet newsgroup?
based entirely on a statement made on a Usenet newsgroup?
View Full Version : Usenet-based Slander Suits
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Arny Krueger 09-01-2003, 03:16 AM Anybody know the history of Usenet-based slander suits, IOW slander suits based entirely on a statement made on a Usenet newsgroup? Marianne Luban 09-01-2003, 07:15 AM "Arny Krueger" <arnyk@hotpop.com> wrote in message news:3RSdnQ1-CvsTgc6iXTWJkw@comcast.com... Anybody know the history of Usenet-based slander suits, IOW slander suits based entirely on a statement made on a Usenet newsgroup? Those would come under the heading of "libel" and not"slander". Libel is written defamation. To find out the history, just go to the Perkins Coie website and check out their Internet Law digest. Jon Beaver 09-01-2003, 08:47 AM On Mon, 1 Sep 2003 06:16:45 -0400, "Arny Krueger" <arnyk@hotpop.com> wrote: Anybody know the history of Usenet-based slander suits, IOW slander suitsbased entirely on a statement made on a Usenet newsgroup? The history and culture of usenet is such that it has to be regarded as the Wild West -- the "open range" of ideas. You don't need any particular status or authority -- no press credentials, no network sponsorship, no corporate publisher, no captive convention audience. Everybody understands that any nut case can say whatever he wants about you. That SHOULD make it very difficult to show that your reputation has been seriously damaged in the same way that it would be if Walter Kronkite said it about you on the evening news. But "otherwise," the rules are the same as they are for print or broadcast media. If you read this newsgroup, you will see that I have personally been slandered in the most classic sense -- except that nobody will take it seriously unless I do. So a "slander suit" is pretty self-defeating, don't you think? Usenet presents almost no opportunity for an argument to erupt into physical violence. The only times I get critical is when someone violates another's right to anonymity. - Jon Beaver Richard 09-01-2003, 09:29 AM Arny Krueger wrote:>> Anybody know the history of Usenet-based slander suits, IOW slander suits based entirely on a statement made on a Usenet newsgroup? Usenet is like the beauty parlor, gossip gossip gossip. If you get badmouthed on usenet, tough. You're gonna have a hell of a time proving who said what. Ok. So you get the IP traced back to a certain house, but there's 20 people in that house. Can you prove by any means which of the 20 sent the message? Or maybe the messages come from an "internet cafe" where it would be next to impossible to know for a fact who sent the messages. In order to prove libel, you'd practically have to have other contact with that person that would prove beyond any reasonable doubt who you are talking to. Then we have the other side of the coin, how do we know that the libel was personally directed at you? Plug your screen name into the google groups search bar. Are you the exclusive user of that screen name? Are those remarks "with malice"? Do the remarks cause you to become so angered you wish to physically fight that person? "Them's whats we calls fightin words stranger. Y'all better be a bit more careful on what words you use around these parts". Because you're called a "drunken bastard" isn't libel per se. However, if the person goes putting those same statements on a web site, and clearly makes it understood to the readers that he is speaking of "john smith of smallvile, Ok. who lives on blueberry hill street", then we have provable libel. As well as knowing who said it. Usenet is very difficult to prove libel. Be careful with your desires for court, it could backfire on you. |
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