Libel and slander
Message ID: 59610
Posted By: martin_lvnv
Posted On: 2003-11-08 02:08:00
Subject: Libel and Slander
Recs: 2
< I hope they pursue some of the remaks on this board.>
IANAL. Follow this at your own risk. Consult an attorney. Etc.
Just because they don't like it, doesn't mean they can pursue it. First off, everyone is entitled to an opinion. So saying "I think is a stock scam" is never actionable since its just sharing your opinion. Next, truth is also a defense. For instance saying "It is definitely a stock scam" is completely protected if you can prove it actually is a stock scam (or they can't prove it isn't, or even if they don't want to take you to court since in discovery you can ask for evidence relating to whether it is or isn't a stock scam). Also as public figures, SCO has a much higher standard before getting damages. Even if you say something thats untruthful, they have to prove you had intentional malice. For instance claiming "I really thought it was a stock scam and it was reasonable to believe it was a stock scam" might be enough to get you off even if they can prove it isn't a stock scam. Its also pretty safe if its obviously said in jest, even if its untrue and mean. For instance claiming Darl is the illegitimate progeny of a pig and a snake that were both possessed by demons is probably ok since most people would believe you would be just venting steam and not really think you actually mean Darl is literally the illegitimate progeny of a pig and a snake that were both possessed by demons. And the above isn't a complete list. Creative lawyers have tried and won with other approaches as well.
In short, its not that easy for SCO to sue, even if they are pissed at what someone says.
Additionally, based on what SCOs lawyers are claiming in their filings -- that they are so busy they need more time to respond to IBM and Redhat -- it seems unlikely they would spend the time and effort to sue a message board poster for peanuts. Some message board posters might even be judgement proof (17 yr old, living with parents etc) so any legal effort SCO spends wouldn't get them a dime even if they won.
Lastly, the trial would be heard by a jury. More and more people use Linux. SCO isn't a very sympathetic client, especially if there are a couple Linux users on the jury. Putting their case in the hands of jury of Linux users might be a little scary for SCO right now.
I doubt even blatent libel on this message board would precipitate a SCO suit at this point.
On the other hand, out of common sense, prudence and for moral and ethical reasons, I don't think its appropriate to make untrue slurs and ad-hominum attacks. Its tough enough being SCO just dealing with the truth. I would hope people don't push the envelope. I myself reported (multiple times) the idiot to yahoo that kept posting pornographic untrue (I assume) messages about Darl and his sisters sexual practices. I'm quite glad it slithered back under the rock it came from and hasn't been heard from in a while.
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The text of this Yahoo Message Board post has been licensed for
copying and distribution by the Yahoo Message Board user "martin_lvnv"
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License: CC Attribution-NonCommercial-ShareAlike v2.0
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Posted By: martin_lvnv
Posted On: 2003-11-08 02:08:00
Subject: Libel and Slander
Recs: 2
< I hope they pursue some of the remaks on this board.>
IANAL. Follow this at your own risk. Consult an attorney. Etc.
Just because they don't like it, doesn't mean they can pursue it. First off, everyone is entitled to an opinion. So saying "I think is a stock scam" is never actionable since its just sharing your opinion. Next, truth is also a defense. For instance saying "It is definitely a stock scam" is completely protected if you can prove it actually is a stock scam (or they can't prove it isn't, or even if they don't want to take you to court since in discovery you can ask for evidence relating to whether it is or isn't a stock scam). Also as public figures, SCO has a much higher standard before getting damages. Even if you say something thats untruthful, they have to prove you had intentional malice. For instance claiming "I really thought it was a stock scam and it was reasonable to believe it was a stock scam" might be enough to get you off even if they can prove it isn't a stock scam. Its also pretty safe if its obviously said in jest, even if its untrue and mean. For instance claiming Darl is the illegitimate progeny of a pig and a snake that were both possessed by demons is probably ok since most people would believe you would be just venting steam and not really think you actually mean Darl is literally the illegitimate progeny of a pig and a snake that were both possessed by demons. And the above isn't a complete list. Creative lawyers have tried and won with other approaches as well.
In short, its not that easy for SCO to sue, even if they are pissed at what someone says.
Additionally, based on what SCOs lawyers are claiming in their filings -- that they are so busy they need more time to respond to IBM and Redhat -- it seems unlikely they would spend the time and effort to sue a message board poster for peanuts. Some message board posters might even be judgement proof (17 yr old, living with parents etc) so any legal effort SCO spends wouldn't get them a dime even if they won.
Lastly, the trial would be heard by a jury. More and more people use Linux. SCO isn't a very sympathetic client, especially if there are a couple Linux users on the jury. Putting their case in the hands of jury of Linux users might be a little scary for SCO right now.
I doubt even blatent libel on this message board would precipitate a SCO suit at this point.
On the other hand, out of common sense, prudence and for moral and ethical reasons, I don't think its appropriate to make untrue slurs and ad-hominum attacks. Its tough enough being SCO just dealing with the truth. I would hope people don't push the envelope. I myself reported (multiple times) the idiot to yahoo that kept posting pornographic untrue (I assume) messages about Darl and his sisters sexual practices. I'm quite glad it slithered back under the rock it came from and hasn't been heard from in a while.
------------------------------------------------------------
The text of this Yahoo Message Board post has been licensed for
copying and distribution by the Yahoo Message Board user "martin_lvnv"
under the following license:
License: CC Attribution-NonCommercial-ShareAlike v2.0
------------------------------------------------------------