[futurebasic] Re: Re: [FB] [ADMIN] watch what you say

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From: BMichael@...
Date: Fri, 5 Apr 2002 05:51:26 EST
>this list does not permit anonymous posting as list rules
>state that we are responsible for what we say. [that lifts
>responsability from glen or you].

The list in question didn't allow anonymous posting either - the offended 
STILL is suing everybody in sight, including the list admin and host, not 
just the person(s) posting the message(s) - and those who couldn't afford 
up to $50,000 in legal fees were forced to settle out of court, for 
various sums up to around $5000. The lady who provided banner ads 
pointing to the defense fund also lost her domain. The list admin in the 
case in question was sued (in part) because "the offended"'s responding 
postings were rejected from the list (they contained attachments) - a 
rule that we have here! Want to be "not allowed to post a response", just 
break the automated (and published) server rules to insure that your 
message bounces...

>it is a good thing to remind people that 'free' speech
>doesn't mean 'anything goes'. ordinary laws of slander, for
>example apply even here. [libel covers, afaik, a publication,
>as this is more of a chat than a publication, then badmouthing
>here is slander].

I'm not a lawyer and don't even play one on T.V. And I really have no 
desire to play one in court defending myself because of something someone 
else does! I do know that "truth is a defense to charges of libel" (and I 
assume slander). But proving "truth" can often be difficult, especially 
when posting an OPINION of a product or business.

>the dispute that you mention [i have been following this
>also] revolves around use of trademarks. this is however
>[currently] a grey area and momma's remarks [turn you tongue
>in your mouth seven times before speaking] apply online also
>as plain common sense.

Anyone can 'trademark' just about anything. (Or patent it in the U.S., 
but that's another story.) I'm surprised "the offended" hasn't sued the 
Better Business Bureau(TM), because they use his "trademarked" business 
name in reporting all of the complaints against him when someone asks! 
That's the same logic he's using in suing anyone who posts a "derogatory" 
message, web site, or news story containing his business name.

>besides the xfb list is where all the _bad_ stuff goes on
>as everyone knows.

:-)

Bill