* * *
Law Offices of Anthony J. Pirrotti, P.C.
Dear Mr. Hanke:
Please be advised that I have been retained by Ms. Susan Polgar and Mr. Paul
Truong in reference to certain libelous statements which you have made on
e-mails and over the Internet regarding their character.
The statements made by you constitute libel per se and I beg to advise you
that unless you cease and desist your conduct, directly or indirectly, my
clients have advised that they will commence a lawsuit against you for
damages and for an injunction to restrain your unlawful conduct.
Yours faithfully,
Anthony J. Pirrotti
cc: Board of Directors of the United States Chess Federation
Zsuzsanna Polgar
Paul Truong
* * *
Tim Hanke
LOL
Tom Klem
"Tim Hanke" <timoth...@comcast.net> wrote in message
news:JNnIb.79540$VB2.161693@attbi_s51...
I think that they have a very strong case. Among other things, Hanke
claimed that Zsuzsa did not play her own games but essentially cheated
by having Truong play for her using a computer.
Such an allegation is clearly libelous.
Sam Sloan
You know, I don't recollect Tim ever saying ANYTHING on RGCP about
Polgar, but I remember Sam Sloan posting one of his "exclusives" about
it. Maybe they could sue Sam Sloan for saying something that Hanke had
allegedly said or done, but I doubt it. Now I do think that Booz has
criticized both of them, but I don't remember Hanke saying much of
anything.
Best Regards,
Bruce
I don't recall Hanke posting anything either. I do remember Sloan posting
some trash or other. It's strange that the letter Hanke received does not
specify the alleged libelous remarks. As it is, how is Hanke to know what
Truong objects to?
The whole thing strikes me as more political than legal; Truong wants to
silence a critic, and so he rattles a sabre. Shades of Don Schultz suing
Larry Evans...
The Law
Defamation Generally
The reason for having defamation laws as a civil remedy in tort is
because 'A person has the right to his good name'. Defenses are
nevertheless available for balancing the interest of freedom of
speech, such as the defense of fair comment and justification.
What is defamatory?
A statement is defamatory if it tends to lower the plaintiff in the
estimation of right thinking members of society generally.
Alternatively speaking, the matter tends to make the plaintiff shunned
or avoided by right-thinking members of society. The meaning of the
defamatory nature of the statement can be literal or by inference
Libel and Slander distinguished
A distinction has to be drawn between libel and slander. Libel: are
publications in permanent form while slander are publications by
spoken word or other transient means. Unlike slander, damage is
presumed in libel actionable without proof of special damage.
Meaning of 'Permanent form"
Permanent form can be something in writing or in other permanent form.
Examples are electronic communications via e-mail, newsgroups, message
board, homepages are matters of permanent form. Broadcast by radio,
TV, Internet, public performance, film soundtrack, CD, tape-recording
also meet the requirement of 'permanent form'.
Requirement of Publication
The statement must be published by communicating to at least one
person other than the person defamed.
Examples on the Internet are:
Usenet posting / e-mail to a third party, such as by cc. copy /
message board / chat room /world wide web /
Defenses
Fair comment / justification / absolute privilege / qualified
privilege / apology and payment into court / unintentional defamation
/ innocent dissemination /
_
"By the same token, IBM's alleged involvement is probably a
complete fantasy, like the 1,000 letters a month Truong
claims that Susan Polgar gets for her openings column in
Chess Life." - Timothy Hanke (29 Dec 2003 18:11:06 PST)
Bob Bennett
To me, this sounds more like someone hopes that the threat of a lawsuit
will encourage someone to cease and desist activity that they dislike.
But I will be interested to see what becomes of this.
John
> Defenses
> Fair comment / justification / absolute privilege / qualified
> privilege / apology and payment into court / unintentional defamation
> / innocent dissemination /
>
> _
> "By the same token, IBM's alleged involvement is probably a
> complete fantasy, like the 1,000 letters a month Truong
> claims that Susan Polgar gets for her openings column in
> Chess Life." - Timothy Hanke (29 Dec 2003 18:11:06 PST)
>
> Bob Bennett
If this is the best they've got they'll be laughed out of court in my
opinion. Truong did actually say she got 1,000 letters a month about
her column in a usenet post, and Tim was questioning the veracity of
this statement. I don't see libel as an issue, but then again I'm not
involved.
She would have to demonstrate that something was false, malicious and
that it did damage to her reputation.
Best Regards,
Bruce
TMB (who remains anonymous for several reasons, this bullshit being one of
them).
"Tim Hanke" <timoth...@comcast.net> wrote in message
news:JNnIb.79540$VB2.161693@attbi_s51...
Tim Hanke did not say that in a posting to this newsgroup, but he did
say that in a letter to a list which included the Executive Board, the
Executive Director and numerous chess politicos.
I disagree with your legal conclusion. If Hanke said that for example
that Sam Sloan cheated by using a computer in an Internet Chess Game,
it is very doubtful that I would have much grounds for suit. However,
Hanke said that a distinguished grandmaster and former World Champion
Susan Polgar cheated in a chess game. I feel that she will prevail in
the lawsuit, unless Hanke has some evidence to support his claim.
Sam Sloan
That is an assessment well open to dispute.
TMB
"Sam Sloan" <sl...@ishipress.com> wrote in message
news:3ff2fe2b...@ca.news.verio.net...
--TMB
Ah, but the question is whether the evidence was enough to suggest that
Hanke wasn't just making up such a charge. My recollection was that the
charge was originally made by administrators of the internet site where
the game took place. Hanke (and others) apparently felt the evidence
compelling enough to make the charge. The risks for the plaintiffs in
pursuing the matter is considerable. Suppose the evidence is there? It
could actually do far more damage to their reputations than just moving
on. Didn't Fernandez also say that something was fishy about the
matter?
I still think it's mostly bluster and threat by the plaintiffs.
Usually such tactics carry a significant risk and they almost never go
to court. If they do go to court, they almost never succeed.
Would you like to make a friendly wager on the likelihood that this
will ever see the light of day of a court date?
Best Regards,
Bruce
This will do nothing but harm their own reputations in the chess world. I
didn't know Paul Truong from a hole in the ground, but my respect for Ms.
Polgar, currently Chess Life's only GM columnist, has dropped to zero. Just
another reason to:
NOT RENEW. TAKE A YEAR OFF FROM THE USCF.
TMB
"Bruce Draney" <bdr...@novia.net> wrote in message
news:3FF301...@novia.net...
Tim Hanke
"Bob Bennett" <robert...@japan.com> wrote in message
news:75d5c919.03123...@posting.google.com...
Both Mr. Truong and I have nicely asked Mr. Hanke and Mr. Booz numerous times
to stop giving false information about us. They repeatedly refused. They have
made numerous outrageous damaging unsubstantiated charges toward both of us via
e-mail and over the Internet. These two men have official positions as VP of
Finance and Chairman of the Finance Committee. They represent the USCF and
they have serious responsibilities especially during this difficult time for
the federation. People may misconstrue their fabricated remarks as facts.
Therefore, there should be no room for fictitious information and innuendoes.
It is very damaging to me personally and I simply cannot allow it to continue
indefinitely. Enough is enough! They are responsible for their actions and
they will be held accountable for what they say and do.
They do not have to like either of us personally. They do not have to approve
what we are doing to help US Chess. They can agree to disagree. But it is
unacceptable to manufacture information to purposely damage anyone. I have a
full schedule in 2004. I am very busy taking care of my children, training for
the Olympiad, helping my team mates, running a chess center, doing events to
promote chess and much more. I do not have extra time to worry about a legal
case against either of these men. However, if they choose to continue their
outlandish behaviors, my business manager and I are prepared to defend
ourselves vigorously. I regret that it has to come this far. I have nothing
against these men personally and I do not know them well at all.
Unfortunately, they left me with no other choice but to guard myself. I hope
that they will make the right decision and not escalate this further.
Happy New Year to all! Best wishes for a healthy and happy 2004!
Best wishes,
GM Susan Polgar
Heil Dubya!
What is YOUR definition of a "distinguished grandmaster"?
For starters, off the top of my head, GM Polgar has won the World Championship;
she was the first female grandmaster (IGM, NOT WGM); she has a column in CHESS
LIFE that has won an award from the Chess Journalists of America; as a teen
ager, in her first try, she led her country to a gold medal in the (1988)
Olympiad; she has been the highest rated woman in the world and among the top
five for more than a decade. To me, that seems enough to earn the descriptor
(in spades).
>
>>distinguished grandmaster"
>
>That is an assessment well open to dispute.
>
>TMB
Heute Uhmuhrikkka, Afghanistan und Irak. Morgen die ganze Welt!
Uhmuhrikkka, Uhmuhrikkka über Alles!
(Was 11 September 2001 Kristallnacht or the date of the Reichstag fire?)
Fraternally,
Jerome Bibuld
(I go on trial at 77 Lexington Avenue, White Plains, NY, at 1400 hours, 5
January, for refusing to move away from a demonstration site -- against the U.
S. invasion of Iraq -- when ordered by a member of the Army of Occupation of
Westchester County, despite the fact that the demonstrators had a "permit" to
do exactly what I was doing, at the time and place I was doing it. Twice, the
U. S. INjustice system has postponed trial, in a case which should be dismissed
out of hand. But, of course, that's part of the system. This takes up MY time
-- and that of my lawyer, whose time is worth more than I'm PAYING him.
Meanwhile, the judges, assistant district attorneys, court clerks, bailiffs,
stenotypists and other apparatchniks are being paid by MY taxes and the taxes
of other citizens and subjects of the United States. My son, Douglass, has
coined a lovely and apt phrase that I am proud to use: HYPOCRISY, NOT
DEMOCRACY!)
gens una sumus
I don't know who the first female GM really was, but I'm pretty sure
Maya Chiburdanidze was one before Susan was. Your other comments are
correct.
Heil Dubya!
I'm STILL in the position of not having access to my personal library -- and
will be in that position for several more months, at least. I take your word
for Chiburdanidze, but add that Zsuzsa Polgar was, by far, the youngest woman
to earn the IGM title (until her sister Judit came along), if she was not the
first female IGM. I believe, also, that Chiburdanidze earned the title by
becoming the female World Champion, while Zsuzsa Polgar was the first to do it
with norms and her elevated ELO rating.
Thanks for you contribution.
Heute Uhmuhrikkka, Afghanistan und Irak. Morgen die ganze Welt!
The first woman to be awarded the grandmaster title but she did not
make the required norms. Thus, her title was essentially honorary.
Chibrudanidze also was awarded a similar title. Susan Polgar was the
first woman to WIN the title by aking the three required norms.
Sam Sloan
"Jerome Bibuld" <chess...@aol.comnospam> wrote in message
news:20031231125537...@mb-m21.aol.com...
But not, apparently, actionable, since the letter is merely a threat to stop
future remarks. Sorry, the violin-filled tales of raising children and
running chess centers ain't making it. If you can't stand the heat, get out
of the kitchen, and go sell washing machines at Sears. We'll find another
"distinguised grandmaster" to carry the ball, one with maybe a wee bit
thicker skin. Last I looked, there were piles of them, wearing sandwich
boards saying "will write chess column for cash."
TMB
"John Fernandez" <jcfern...@aol.commeepmeep> wrote in message
news:20031231125332...@mb-m05.aol.com...
Heil Dubya!
Then, of course, you don't speak to yourself. (That is supposed to be a sign
of sanity.)
Not to burst your bubble, but for the purposes of a defamation lawsuit, you're
not posting anonymously.
To get your name, however, someone would have to convince a court that they had
grounds to discover it, but you post from Prodigy, and their records could
identify you if it ever came to that, which of course it hasn't.
The only posters who can get around this are anonymous remailers (or those from
obscure countries), but they lack credibility as a rule.
You may be "anonymous" in that no one knows who you are, but you are definitely
discoverable.
DISCLAIMER: I am not an attorney.
No-one can care about the potential legitimacy of your complaints because
your presentation is so childish, inappropriate, and self-absorbed. You are
destructive to the very causes you claim to champion. Indeed, you are
Reichsfuhrer Ashcroft's best friend, for all he has to do is point to people
like you and say "is that the kind of person who should select our leaders?
Are those the notions that should guide our governance?" And when they turn
to regard you, clownish Cassandra, how easy it is to say no.
TMB
"Jerome Bibuld" <chess...@aol.comnospam> wrote in message
news:20031231133012...@mb-m21.aol.com...
In other words, they're trying to mitigate their damages by bringing the
conduct to the attention of the offending party.
Whether or not they'd prevail in an actual lawsuit is another story.
Generally, badmouthing people carries a risk of being sued.
As far as lawsuits, you would know, wouldn't you?
"LeModernCaveman" <lemoder...@aol.com> wrote in message
news:20031231134507...@mb-m18.aol.com...
Bravo, TMB. Bra-VO.
Regards,
Matt
Tim, could what you posted be construed as libelous? You don't have to
answer that!
A year after my dot-bomb fired me 3 years ago I emailed someone still at the
company to let her know what I thought of her. That resulted in a similarly
archaically-worded "Let it be known hitherto and thitherthon, inasmuch as
whereupon..." warning from their lawyers that I was not to communicate with
anyone still working there or I would be forced to return my severance pay
and pay unspecified "damages." The letter had no teeth, legally, as my
termination agreement said nothing about such communications. However, it
did bring me to my senses. Somewhat.
A 0.00000000072% chance of being financially ruined is a lot scarier than a
99% chance of stubbing your toe.
Angelo
"Bruce Draney" <bdr...@novia.net> wrote in message
news:3FF301...@novia.net...
I don't know what Tim posted or if it's legally suspect. However, it could
not possibly hurt for USCF officers to remain above the fray of the insanity
on this newsgroup.
Angelo
"Tim Hanke" <timoth...@comcast.net> wrote in message
"Jerome Bibuld" <chess...@aol.comnospam> wrote in message
news:20031231132228...@mb-m21.aol.com...
Sam Sloan wrote:
>
> On 31 Dec 2003 07:14:21 -0800, mlem...@home.com (John Lamont) wrote:
>
> >I did a search and haven't found anything about Mr. Hanke attacking
> >Susan for cheating or really anything else, though he did criticize
> >her choice as GM of the year. I happen to agree with him on that, but
> >nevermind. On the other hand even if he did say she cheated using
> >PTruong and a computer online (which I don't see why she would
> >bother), there's no way a libel suit would succeed as he can simply
> >state it is his opinion that it is so, and Ms. Polgar would have to
> >prove definitively that she did not cheat to succeed in a lawsuit, and
> >that would be hard to do.
>
> Tim Hanke did not say that in a posting to this newsgroup, but he did
> say that in a letter to a list which included the Executive Board, the
> Executive Director and numerous chess politicos.
I don't suppose we'd get to see this letter - I would assume that if
this letter is the "evidence" that Polgar/Truong are using, then posting
it here might only futher their case.
So, has Sam Sloan seen this letter? He seems to feel that Polgar has a
case. It is interesting that he feels Polgar has such a strong case
when after he first announced that Tim Hanke accussed Polgar of
cheating, he later qualified his statement to:
"OK. I stand corrected. Timothy Hanke accused Zsuzsa Polgar of allowing
moves to be played in her name aided by a chess computer program named
Crafty.
Sam Sloan"
There must be more to it than that...
Then again, Sam Sloan also publicly accused Tim Hanke of making advances
toward Polgar, as well as many accusation of his mental stability and
fitness to represent the USCF. Hmm...
John
I know that libel cases are generally a last resort. They aren't pretty from
any side.
Heil Dubya!
Chuck you, too, Farley!
ADD DISCLAIMER: I am not a FUCKING attorney.
StanB
> Perhaps someone has hit upon a new method of funding the Olympiad
> Women's team?
>
> You know, I don't recollect Tim ever saying ANYTHING on RGCP about
> Polgar, but I remember Sam Sloan posting one of his "exclusives" about
> it. Maybe they could sue Sam Sloan for saying something that Hanke had
> allegedly said or done, but I doubt it. Now I do think that Booz has
> criticized both of them, but I don't remember Hanke saying much of
> anything.
Sam is judgment proof. I can document everything I said.
StanB
> "By the same token, IBM's alleged involvement is probably a
> complete fantasy, like the 1,000 letters a month Truong
> claims that Susan Polgar gets for her openings column in
> Chess Life." - Timothy Hanke (29 Dec 2003 18:11:06 PST)
It will be interesting to see how you can substantiate your resume.
Falsifying a resume is illegal in most states.
StanB
> Tim Hanke did not say that in a posting to this newsgroup, but he did
> say that in a letter to a list which included the Executive Board, the
> Executive Director and numerous chess politicos.
>
> I disagree with your legal conclusion. If Hanke said that for example
> that Sam Sloan cheated by using a computer in an Internet Chess Game,
> it is very doubtful that I would have much grounds for suit. However,
> Hanke said that a distinguished grandmaster and former World Champion
> Susan Polgar cheated in a chess game. I feel that she will prevail in
> the lawsuit, unless Hanke has some evidence to support his claim.
Confidential e-mails among board members to discuss someone who was to head
our WOT are quite appropriate.
StanB
> I still think it's mostly bluster and threat by the plaintiffs.
> Usually such tactics carry a significant risk and they almost never go
> to court. If they do go to court, they almost never succeed.
A desperate attempt by a couple of losers that can't face the fact that
people can see through them.
StanB
Just wondering what this has to do with falsifying a resume?
I doubt that falsifying a resume is prosecuted in very many cases,
unless the falsification involves perjury, such as being hired by the
Secret Service or the FBI.
Wasn't it George O'Leary who got nailed when he took the Notre Dame job
for having made up a bunch of stuff on his resume to make it look
better? I don't think anyone in either Georgia or Indiana was pursuing
criminal charges against him.
In fact he landed a job somewhere as an assistant coach although the
team escapes me.
So Stan, are you planning on counter suing?
Happy New Year.
Best Regards,
Bruce
> My bubble is not burst. Anyone who thinks they have a legal issue against
> me, bring it on. I remain anonymous, however, to avoid the standard rounds
> of character assassination that tend to frequent the usenet. This "letter"
> to Tim Hanke is more of the same--an attempt to smear his character and
> intimidate open discussion. It might pass in Hungary or Vietnam, where
> censorship and intimidation are still a way of life, but not here.
My guess is they went whining to some lawyer and asked him to sue. He
probably looked at there so-called evidence and said they didn't have a
case. Then he might of suggested sending us a letter incorporating some
innuendo just to mollify them. What exactly are their damages? What exactly
are the perceived mistruths?
StanB
Sorry. I did not proof read this before posting this. What I means to
write was:
Nona Gaprindashvili was he first woman to be awarded the grandmaster
title but she did not make the required norms. She did have one very
good tournament at Lone Pine, which she won, but her result was not
quite good enough for a grandmaster norm. Thus, her title was
> Chuck you, too, Farley!
There's Jerome make a racist remark about Paul Troung. For shame.
StanB
That remark will get them punitive damages.
Sam Sloan
>It will be interesting to see how you can substantiate your resume.
>Falsifying a resume is illegal in most states.
>
>StanB
I have been saying that for a long time and that is why we should put
George DeFeis in prison as I am convinced that he falsified his
resume.
Do you really believe that George DeFeis had a masters degree in
business administration from the Bernard Baruch School of Finance?
What an idiot!!
Sam Sloan
>On Wed, 31 Dec 2003 16:47:42 -0500, "StanB" <stan...@comXXXcast.net>
>wrote:
>>StanB
Aren't they public figures?
As far as I call tell, you're not FUCKING anything.
I beleive that Maya was an WGM and anyway clearly not in the same league in
terms of playing strength with Susan Polgar.
I'm pretty sure she was a GM, and the claim wasn't about playing
strength. Susan Polgar's nowhere near Gary Kasparov in playing
strength and yet that doesn't make her a non-GM.
Sue me?
TMB
"Sam Sloan" <sl...@ishipress.com> wrote in message
news:3ff34836...@ca.news.verio.net...
"StanB" <stan...@comXXXcast.net> wrote in message
news:XfWdnXpFCu0...@comcast.com...
Minnesota Vikings. And I believe he was recently hired as the HC at Central
Florida.
______________________________
Hopefully, Susan's lawyer warned her in advance that a public figure
such as herself having such a cease and desist letter sent to a public
figure such as Tim would likely result in no more than the underlying
accusations being repeated over and over by various people on usenet
(Sam Sloan, et al....), thereby doing little other than further
damaging her character (assuming any damage has been done). In my
opinion, this threat of legal action was the wrong approach. The way
for a public figure to respond to such matters is to either: a.
have thick enough skin to ignore the b.s.; or b. combat free speach
with free speach of her own to correct the record, not to make threats
of legal action that will likely never happen.
KidDon
Heil Dubya!
Maya Chiburdanidze was a legitimate IGM; don't let the male supremacists and
Soviet baiters kid you. As for her being "clearly ... in the same league in
terms of playing strength," she definitely was. In fact, her rating went up,
as I recall, in the year after FIDE -- on the recommendation of Arpad Elo --
adjusted the women's rating system, while Zsuzsa Polgar's rating went down.
(Remember, however, that Ms. Polgar was the only woman who did not have her
rating adjusted at that time.) Around that time, iirc, their ratings were
comparable -- never a difference of more than 25 points.
adp
"Jerome Bibuld" <chess...@aol.comnospam> wrote in message
news:20031231153842...@mb-m16.aol.com...
"Mike Murray" <mikem...@despammed.com> wrote in message
news:e8j6vvkiov38r3dmu...@4ax.com...
"Paul Rubin" <http://phr...@NOSPAM.invalid> wrote in message
news:7xoetoi...@ruckus.brouhaha.com...
The good news is their lawyer probably charged them $3000 to write that
pathetic letter. "Inasmuch as whereupon, please kindly be advised that the
aforementioned situation to which I am referring (vide supra)..."
adp
"StanB" <stan...@comXXXcast.net> wrote in message
news:Xt-dnWTCQKb...@comcast.com...
Angelo DePalma is a "person".
"Angelo DePalma" <adpspamme...@tellurian.net> wrote in message
news:j6CdnSneBb2...@garden.net...
--------------
The issues involving Mr. Hanke and Mr. Booz are different. I definitely would
not waste my time or energy with just what they posted here (which are no where
as serious as what they had circulated in e-mails). They clearly could not
support their outrageous fabricated charges in these e-mails. In fact, the
charges they brought up were soundly refuted by some current and past board
members, high-level staff at New Windsor and a number well known people in the
chess community.
However, this is not a case for this forum and I am not going to discuss it
here. This is also not a bluff. We are not playing poker here. I deal only
with facts, not innuendoes or personal vendetta. It does not even make sense
to speculate what they have done. I have absolutely no doubt that their claims
can be easily and decisively rebutted. It is entirely up to Mr. Hanke and Mr.
Booz to decide if this case should go forward or not. As I previously stated,
if these men decide to continue on the same path, I will have no choice but to
defend myself vigorously and they will be held accountable for their actions.
I would like to thank all the people who have brought some of the postings to
my attention. This is the last time I will comment on this.
A few of you have sent me e-mails asking me to clarify about women who earned
GM titles. Women's World Champions Chiburdanidze and Gaprindashvili were both
awarded GM titles prior to me for winning the Women's World Championships. I
think they both have earned a GM norm each. WWC Gaprindashvili never reached
2500. I don’t believe she even came close. WWC Chiburdanidze reached 2500
the first time when FIDE awarded women players 100 free points (except me).
She has maintained her rating around that mark since. However, I was the first
woman to earn the GM title through both norms and rating qualification just as
men do. I received my last norm at the end of 1990 / beginning of 1991. Judit
was the second to do so (about a year later), followed by P. Cramling, A.
Stefanova and H. Koneru.
Best Wishes and Happy New Year!
Susan Polgar
(*munching on popcorn*) Jeepers, Stan, you're hopelessly P.C.
See you on Atrios!
John, why are you acting as messenger boy for GM Trollgar? I thought that
was Truong's job.
I'll leave aside the natural questions concerning the wisdom of Trollgar
posting inflammatory matter after engaging a lawyer.
>People don't go to prison for fake resumes, Sam. God, you are so clueless.
>
>Sue me?
>
>TMB
>
But in this case, the false resume enabled him to get a job which
caused the USCF to lose one million dollars, which put the USCF in the
position where it is today.
Sam Sloan
I don't know about her but Paul posts here all the time. He just doesn't
have the balls to sign his name to what he writes.
StanB
StanB
"Angelo DePalma" <adpspamme...@tellurian.net> wrote in message
news:Su-dneAqtsI...@garden.net...
"Neil Brennen" <chessno...@mindnospamspring.com> wrote in message
news:CqQIb.3546$6B....@newsread1.news.atl.earthlink.net...
By Larry Parr
"Nowadays lawyers are replacing good moves on the chessboard." -- GM Larry
Evans (2001).
I don't know what the basis is for these threats or why Mr. Fernandez is
posting on behalf of Susan Polgar.
I do know that in 1988 our FIDE delegate Don Schultz sued GM Larry Evans for
$21 million for libel and defamation of character. It was tossed out of court
after costing Don a lot of money. GM Evans refused to settle by paying $1 and
apologizing because his reporting was true. Even if it was false, however, Don
as a public figure had to prove not only monetary damages but also MALICE -- an
almost impossible hurdle for the plaintiff. Don later conceded in his book
CHESSDON that his lawsuit was a mistake. In the end it backfired and injured
only his own reputation.
As usual in such cases, the only victors are the lawyers.
Unlike KidDon, who has offered sensible advice, I am not a lawyer. But I
know that just deciding which court has jurisdiction is likely to drag on for
months if not years.
My main concern is that such cases have a chilling effect on free speech.
Especially when the Judge nonsuits you. Just like when
you tried to sue UPenn's student newspaper for making
you look like more of an idiot than you yourself normally
do. DISMISSED! Thrown out of court... As usual.
How's your new RICO 2.0 case coming against the 200 John Does?
It hasn't shown up on PACER yet, but when it does, you can
rest assured we'll publish all of it. Every last bit.
Ready for a new round of publicity showing how much of a
snivelling git you are? How much of an Inexcusable Failure
you can be?
We're ready.
And you can't do a thing about it.
Nothing.
---
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This message was posted via two or more anonymous remailing services.
Agreed. ChessDon blundered badly.
> As usual in such cases, the only victors are the lawyers.
> Unlike KidDon, who has offered sensible advice, I am not a lawyer. But
I
> know that just deciding which court has jurisdiction is likely to drag on
for
> months if not years.
> My main concern is that such cases have a chilling effect on free
speech.
I think that's the point, Larry. Someone wants to chill free speech.
Excellent post, BTW.
This is a very appropriate and accurate post.
Ron Suarez
She might be getting bad advice from her handlers.
I'm disappointed that John would stoop to becoming messenger boy for
someone else. That is normally the caliber of conduct expected from Sam
Sloan.
This is not meant to be a commentary on the substance of GM Polgar's
claims about Hanke and Booz, but more of a comment on John involving
himself. He ought to set his standards higher than this.
Best Regards,
Bruce
Agreed. John shouldn't be acting as spokesperson for Trollgar.
"Every once in awhile, declare peace ... it confuses the hell out of your enemies." --Ferengi Rule of Acquisition #76
She's sending me the posts asking me to post them. That's why.
John Fernandez
Someone sends me an e-mail and asks me to post it, wtf do you want me to do,
Bruce? Yeesh.
John Fernandez
Susan's been in a bunch of lawsuits before, it seems to me. I don't
know whether this potential new one has any merit, but I don't see how
she can make her reputation worse than the USCF's already is.
Disappointed, but not surprised. John has shown great capacity for stoopage
on a variety of issues, most of which he's firmly been on the wrong side.
"Bruce Draney" <bdr...@novia.net> wrote in message
news:3FF46A...@novia.net...
"John Fernandez" <jcfern...@aol.commeepmeep> wrote in message
news:20040101145036...@mb-m20.aol.com...
RSHaas
Agreed. John shouldn't be acting as spokesperson for Trollgar. (Neil Brennen)
===============
But its OK for Bruce to send you by email one or another of my rgcp posts
because you have me killfiled.
You even thanked him for his go-ferness right here on rgcp.
RSHaas
No. I have not mailed Neil Brennen any RGCP posts by you or anyone
else.
Best Regards,
Bruce
I never did this. You apparently are confused about something.
Best Regards,
Bruce
Gosh John, is this a trick question? If your mom told you to drink
rubbing alcohol would you do it?
Does GM Polgar have paralyzed fingers or something? Should we be
sending donations to help her recover her ability to speak for herself
or type internet messages to this forum?
Did she forget how to post to RGCP or does she just feel she can have
an appointed sock puppet post things for her? Are you being paid to
post for her or is there some other reason she turns to you?
Best Regards,
Bruce
I agree with you about the 1989 ChessDon suit against Larry Evans
(which is posted on my website). http://www.samsloan.com/lawsuit.htm
However, I disagree about the Polgar matter.
The suit by Don Schultz against Larry Evans was completely foolish.
The suit was not so much about reporting but was about an online
debate between Schultz and Evans on Leisure Linc. It was unbelievable
tha Schultz, having done badly in the debate, would sue Evans. More
than that, Schultz claimed that the debate had cost him a chance to
become President of FIDE. Don Schultz had NO CHANCE to become
president of FIDE because this was during the Cold War and neither an
American nor a Russian could have become president of FIDE at that
point in time. Finally, almost nobody in FIDE read Leisure Linc or
were familiar with its contents. Thus, the postings on Leisure Linc
could not have impacted the desire of Don Schultz to become President
of FIDE.
The Polgar case is entirely different. There have been more than one
hundred unprovoked newsgroup postings by Tim Hanke and Stan Booz
personally attacking Zsuzsa Polgar. These postings have continued up
until this minute. There is no doubt that Zsuzsa Polgar is a public
figure in the World of Chess and under New York Times vs. Sullivan she
must prove actual malice to prevail. However, this will not pose any
problem at all. One hundred newsgroup postings viciously and
personally attacking Zsuzsa Polgar wirthout even one posting by Polgar
attacking Tim Hanke or Stan Booz is more than enough to prove actual
malice. Moreover, there are several witnesses to the fact that Tim
Hanke approached Zsuzsa Polgar sexually and made sexually suggestive
remarks to her during the meetings in Los Angeles and thereafter. With
Tim Hanke now the USCF VP of Finance and Zsuzsa Polgar a chess
columnist writing articles for Chess Life magazine, there is a clear
employer-employee relationship and Zsuzsa Polgar has strong grounds
for a federal sexual harassment suit.
I do not believe that Zsuzsa Polgar is bluffing. I believe that she
will file suit very soon and that she will prevail.
Sam Sloan
I'm sure he's confused about a lot of things. You do remember that last week
he attributed to me some comment by Richard Peterson.
I await his "proof" that you email me RSHaasbeen posts. Well, to be precise,
I don't await it, because I won't see it unless someone quotes it. Perhaps I
should let him out of the killfile for a little while? His "proof" should be
amusing.
Neil Brennen
Testing a new signature line. Do you like it?
Neil Brennen
--
Bruce, while it is not a big deal with me, didn't Neil Brennen recently
thank you here for emailing to him one or another of my rcgp [sic] posts
-RSHaas
.
No. I have not mailed Neil Brennen any RGCP posts by you or anyone else.
Best Regards,
Bruce
But its OK for Bruce to send you by email one or another of my rgcp posts
because you have me killfiled.
- RSHaas
I never did this. You apparently are confused about something.
Best Regards,
Bruce
(So much for "not a big deal".)
>Are you being paid to
>post for her or is there some other reason she turns to you?
No.
None that I'm aware of.
Man, if I was getting paid like you and Parr claim I'd be much better off
financially.
John Fernandez
First, if Tim Hanke is making factually false statements about SP,
then Susan Polgar is acting entirely appropriately. Contacting a
lawyer is a good way to let someone know that you believe they have
stepped over the line in their publication of misinformation and would
like them to stop. Proof that it was effective here would be if Tim
Hanke does not continue to publish his e-mail letter(that may have
stated she cheated) on this news group. If the letter is untrue, That
would be another libel. If he doesn't again publish his same
allegations it would show that he is reconsidering how loose he will
be with his tongue when it comes to other peoples reputations. This
is a good thing! Unless he has strong evidence to support his claims
he shouldn't publish this accuasation again.
I also think a distinction shoudl be made between statemetns of
opinion or statements of fact. If I say SP is a jerk that is a
statement of opinion. That would generally not be acitonable. Sure
she coudl call witnesses to testify she is not a jerk and that she is
really nice etc., but by and large it woudl not be actionable because
that is just my opinion.
If however I say she cheated in a chess match by using a computer or
having someone else help her with the moves that is a completely
different creature. That is clearly factual and if I have no good
evidence to make that statement then morally and legally I should not
be spreadign this claim.
Malice: Generally the malice that needs to be proved in slander or
libel cases means that the person saying them had a reckless disregard
for the truth. It generally does not mean that she needs to prove he
hates her or somehtign like that. Although the law varies from state
to state gennerally she does not need to prove that he actually *knew*
his statement was false.
If she were to prevail that does not mean everyone here woudl have
good claims for harmfull things said here. That is becasue many of
us don't depend on our reputations in thsi chess community to make
lots of money. At least I don't someone may accuse me of cheating at
chess but unless it spilled over to somethign I coudl prove economic
damages over I wouldn't have a great claim.
In short Susan acting properly. This discussion in this thread is
misguided. It shouldn't revolve around whether she should seek legal
assisatnce for her perceived injustice. It shoudl revolve around
whether Tim Hanke did publish unfounded false accusations and if so
what basis did he have to make the accusations.
I'm not familiar with he Larry Evans Don Schultz case but I'm sure you
woudl admit its not logical to say Shultz case was a mistake therefore
so is Susan's.
parrt...@cs.com (Parrthenon) wrote in message news:<20040101113850...@mb-m03.news.cs.com>...
This is so obviously outrageous Sloanism, it doesn't even bear comment. And
hell, if it was ME, not only would there have been suggestive remarks, but
the said lass would be giggling into my pillow right now. TMB doesn't mess
around.
What does matter is that this lawsuit so far appears to have three
supporters on this board:
LeModern Caveman (no stranger to legal frivolities himself)
Sam Sloan (nothing need more be said)
John Fernandez (whom we would have thought would know better -- that he
doesn't requires a sad re-evaluation of his own character).
Ah, tis a said day for RGCP, but it was only a matter of time, in our
McCourt society, that someone's feathers finally got so ruffled they ran to
1-800-SUESOMEONE. What's tragic here is that the only loser will be Susan
Polgar...those other camp followers who are tagging along, including those
named above and her business manager, never had anything to lose in the
first place.
TMB
"Sam Sloan" <sl...@ishipress.com> wrote in message
news:3ff4abe6....@ca.news.verio.net...
I don't think she's bluffing either--she's a tough cookie and if she
says she's going to file a suit, she very well might do it. As
Schultz-Evans and the Peterson affair show, chess people file suits
all the time. However, I don't think the stuff that's been posted to
rgcp is enough for her suit to get anywhere on, and I haven't seen the
mailing list messages that she's complaining about.
Fernandez hasn't said he supports the lawsuit, but his behavior as
Trollgar's errand boy is a little odd.
> Ah, tis a said day for RGCP, but it was only a matter of time, in our
> McCourt society, that someone's feathers finally got so ruffled they ran
to
> 1-800-SUESOMEONE.
Should I mention I sent a few emails like the Trollgar letter to the ISP of
a RGCP poster in February 2003? I won't leap to the conclusion that my
emails had an effect, but this person stopped posting for several months.
I'll let you guess who it is.
What's tragic here is that the only loser will be Susan
> Polgar...those other camp followers who are tagging along, including those
> named above and her business manager, never had anything to lose in the
> first place.
I'm not sure that Trollgar will be a loser - except perhaps in any lawsuit
filed. How many times have ChessDon and Tim Redman come back from the dead?
I haven't seen Fernandez supporting the lawsuit. I saw that he posted
some messages to rgcp for her at her request. I'd have been willing
to do the same thing, though I don't support the lawsuit.
I don't think that letter has been published here.
So no, I don't the Polgar letter has merit as it stands. It comes off as a
cheap threat to stop voicing negative opinions about her. If you've got a
case, make the case. Anything else is just empty threats and sour grapes.
"joe mccarron" <joemc...@msn.com> wrote in message
news:5f195d2e.04010...@posting.google.com...
Unless Trollgar has some sort of "smoking gun", I don't see this action as
successful. I say "Trollgar" since there are two people allegedly suing.
Toadies all. Listen to yourself.
"Paul Rubin" <http://phr...@NOSPAM.invalid> wrote in message
news:7xfzezj...@ruckus.brouhaha.com...