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Re: Public Access To FOT Dialog

To: "Bill Babcock" <BillB@bnj.com>, "'Barr, Scott'"
Subject: Re: Public Access To FOT Dialog
From: "Kas Kastner" <kaskas@earthlink.net>
Date: Fri, 27 Dec 2002 22:32:52 -0800
If you threaten to sue, I suggest also,  you don't go alone to the parking
lot.
----- Original Message -----
From: "Bill Babcock" <BillB@bnj.com>
To: "'Barr, Scott'" <sbarr@mccarty-law.com>
Cc: <fot@autox.team.net>
Sent: Friday, December 27, 2002 10:21 PM
Subject: RE: Public Access To FOT Dialog


> Aha! I knew it. Actually as soon as I read your post I knew the pro from
> Dover had arrived.
>
> Disregard everything I said.
>
> Truth is a defense but it's never assumed. I think we'd be better off with
> a legal system based on fist fights. As far as the FOT is concerned, If I
> ever get sued over something I said here I'll just send Bruno and Stasi to
> chat with the injured party (which would deepen the definition of injured
> party).
>
>
> -----Original Message-----
> From: Barr, Scott [mailto:sbarr@mccarty-law.com]
> Sent: Friday, December 27, 2002 2:49 PM
> To: Bill Babcock
> Subject: RE: Public Access To FOT Dialog
>
>
> << I bet we have at least one in the FOT >>  Yep, that's me.  You've
> probably gotten to my post now which outlines the elements of defamation
> (either by libel or by slander). Truth is always a defense.  But, as you
> say, PROVING truth is the punishment for speaking freely.
>
>
>
> -----Original Message-----
> From: Bill Babcock [mailto:BillB@bnj.com]
> Sent: Friday, December 27, 2002 4:12 PM
> To: 'Dave Riddle'; fot@autox.team.net
> Subject: RE: Public Access To FOT Dialog
>
>
> Actually the bar is not very high for either libel or slander--someone
> simply has to want to take action. In essence you can sue anyone for
> anything. You probably will not prevail unless your case is strong or your
> lawyer is good and the other person's isn't. The punishment of lawsuits is
> having to respond to them. The legal system is a huge pain in the ass and
> expensive (and boring) to play with.
>
> Truth is advantageous, but not a sure defense--besides, what exactly is
> true? Even the laws of physics have a lot of wiggle room.
>
> But postings in the FOT present no particular hazard, and in fact are
> probably more defensible than some other venues in that the communication
> is established as opinion. Opinion is protected to some degree, whereas
> false statements that hurt someone else are not.
>
> No, I'm not a lawyer, but I play one on TV. Actually I simply spend
> entirely too much time with them and most of the issues I have to deal
> with concern intellectual property. I bet we have at least one in the
> FOT--they are fairly common in the male over 30 population of the U.S..
>
> -----Original Message-----
> From: Dave Riddle [mailto:dave@microworks.net]
> Sent: Friday, December 27, 2002 12:09 PM
> To: fot@autox.team.net
> Subject: Re: Public Access To FOT Dialog
>
>
> I can't help you with your first question, but I would think in regards to
>
> your second question that you would be protected (if you're here in the
> US)
> under the First Amendment as long as you what you are reporting is your
> experience or what you have heard.  For someone to make a case of libel or
>
> slander (written or verbal) is a pretty high bar to cross that must show
> that not only did you knowingly say or report that which you knew to be
> false and but that did so with the intent to harm.
>
>
> At 02:43 PM 12/27/2002 -0500, you wrote:
> >FOTers
> >
> >        When doing a Google search today, I was surprised to find
> >references to specific dialogs taking place within team.net archives. I
> >am wondering how much of the FOT dialog is publicly available in the
> >archives?
> >
> >        Secondly, in consideration of this public access, how careful
> >do we need to be about providing candid and frank criticisms of
> >specific products/companies ? Do we avoid our comments being recorded
> >if we respond directly to the FOT person rather than cc: the whole FOT
> >group ?
> >
> >Cary

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