Defamation law and hyperlinks?
Al Borowski
Suppose I have an arguement with someone in a newsgroup. That person
insults me and says I an a known time waster. I respond with a post,
contain 2 hyperlinks comparing our respsctive posting hystories. The
links search the google newsgroups for posts containsing my name and
this other persons name. The link containing my name shows ontopic,
civil posts. The other persons link shows many threads with people
abusing this other person for being a troll.
This person sends me an email, saying he could sue me for defamation.
Could s/he? I posted a link searching for this persons name. I did not
write any of the abuse linked to myself. This person states that this
is the equivlent of publishing the abuse. I disagree.
thanks for your thoughts,
Al
Rod Speed
Al Borowski <a.bor...@student.qut.edu.au> wrote in message
news:27bf520c.02113...@posting.google.com...
> Suppose I have an arguement with someone in a newsgroup.
> That person insults me and says I an a known time waster.
> I respond with a post, contain 2 hyperlinks comparing our respsctive
> posting hystories. The links search the google newsgroups for posts
> containsing my name and this other persons name. The link containing
> my name shows ontopic, civil posts. The other persons link shows
> many threads with people abusing this other person for being a troll.
> This person sends me an email, saying he
> could sue me for defamation. Could s/he?
Anyone can 'sue' anyone for almost anything.
Whether that legal action has any prospect of success tho, is another matter entirely.
Its usually bluff, but there is one pommy complete
arsehole that does follow thru and attempt a legal action.
Just tell the fool to go shove its head up a dead bear's arse.
Its possible he may monster QUT into providing your details,
but even thats not very likely now with the new privacy laws.
Some ISPs are so stupid that they do allow themselves to
get monstered by complete arseholes who make it look to
the legally pig ignorant that they do have a legal case.
> I posted a link searching for this persons name. I did not
> write any of the abuse linked to myself. This person states
> that this is the equivlent of publishing the abuse. I disagree.
You're basically correct. But it does vary with the jurisdiction and
even just you 'publishing' whats already been published by others
can result in you ending up with your arse in a sling legally.
Normally derisory damages would be awarded in that particular situation
tho, even if he can actually sustain a legal case in a court of law.
You could well be considerably out of pocket defending that case
if you are stupid enough to pay legal parasites to defend it tho.
Richard Cavell
> This person sends me an email, saying he could sue me for defamation.
> Could s/he?
Well, yes. Anyone can sue anyone for defamation. Whether they will, and
whether they will be successful, are different issues.
Probably 0.1% of all the threats of defamation suits result in court action.
Of those, less than half win. Of those, virtually none of them are
profitable.
> write any of the abuse linked to myself. This person states that this
> is the equivlent of publishing the abuse. I disagree.
Posting a message to the internet is absolutely publication within the
meaning of defamation law.
Martin Taylor
AB> This person sends me an email, saying he could sue me for defamation.
AB> Could s/he? I posted a link searching for this persons name. I did not
AB> write any of the abuse linked to myself. This person states that this
AB> is the equivlent of publishing the abuse. I disagree.
Tell him to go jump. His postings are a matter of public record.
Martin Taylor
RS> Its usually bluff, but there is one pommy complete
RS> arsehole that does follow thru and attempt a legal action.
Yeah. He managed to bluff the Melbourne PC User Group into settling
prior to it going to court. And that org has/had a prominent QC as its
president at one stage...
Al Borowski
Thanks for the advice. I removed the post in question (even though I
think I'm in the right) just to try and shut this person up. Hopefully
they will leave me alone now (I've been getting nasty emails).
thanks,
Al
Rod Speed
Al Borowski <a.bor...@student.qut.edu.au> wrote in message news:27bf520c.0212...@posting.google.com...
> Martin Taylor <mta...@myself.com> wrote
>> Rod Speed said..
>>> Its usually bluff, but there is one pommy complete
>>> arsehole that does follow thru and attempt a legal action.
>> Yeah. He managed to bluff the Melbourne PC User Group
>> into settling prior to it going to court. And that org has/had
>> a prominent QC as its president at one stage...
> Thanks for the advice. I removed the post in question (even though
> I think I'm in the right) just to try and shut this person up. Hopefully
> they will leave me alone now (I've been getting nasty emails).
If they continue, rubs its nose in Sec 85ZE of the federal crimes act.
http://www.austlii.edu.au/au/legis/cth/consol_act/ca191482/s85ze.html
email qualifys as a carriage service.
And if that doesnt shut them up, rub their nose in the fact that
their ISP might well have something to say about them using their
account for criminal activity, even if they dont care themselves.
1 year jail term too, unlike defamation.
Phil Allison
"Rod Speed" <rod_...@yahoo.com> wrote in message
news:asi154$r3kis$1...@ID-69072.news.dfncis.de...
>
> Al Borowski <a.bor...@student.qut.edu.au> wrote in message
news:27bf520c.0212...@posting.google.com...
> > Thanks for the advice. I removed the post in question (even though
> > I think I'm in the right) just to try and shut this person up. Hopefully
> > they will leave me alone now (I've been getting nasty emails).
>
> If they continue, rubs its nose in Sec 85ZE of the federal crimes act.
> http://www.austlii.edu.au/au/legis/cth/consol_act/ca191482/s85ze.html
>
> email qualifys as a carriage service.
** The OP said "nasty" - not "menaced or harassed".
>
> And if that doesnt shut them up, rub their nose in the fact that
> their ISP might well have something to say about them using their
> account for criminal activity, even if they dont care themselves.
** Asking someone by email to pull down defamatory posts or posted
links is totally legal.
................. Phil
Rod Speed
Phil Allison <bi...@bigpond.com> wrote in message
news:EQ%G9.89285$g9.2...@newsfeeds.bigpond.com...
> Rod Speed <rod_...@yahoo.com> wrote
>> Al Borowski <a.bor...@student.qut.edu.au> wrote
>>> Thanks for the advice. I removed the post in question (even though
>>> I think I'm in the right) just to try and shut this person up. Hopefully
>>> they will leave me alone now (I've been getting nasty emails).
>> If they continue, rubs its nose in Sec 85ZE of the federal crimes act.
>> http://www.austlii.edu.au/au/legis/cth/consol_act/ca191482/s85ze.html
>> email qualifys as a carriage service.
> The OP said "nasty" - not "menaced or harassed".
Doesnt matter what he said. What matters is if it qualifys as menace or harass.
>> And if that doesnt shut them up, rub their nose in the fact that
>> their ISP might well have something to say about them using their
>> account for criminal activity, even if they dont care themselves.
> Asking someone by email to pull down
> defamatory posts or posted links is totally legal.
And menace or harass is a federal crime. With a 1 year jail term.
Phil Allison
> > The OP said "nasty" - not "menaced or harassed".
>
> Doesnt matter what he said.
** It matters to what you recommended.
What matters is if it qualifys as menace or harass.
** That is what I said.
> > Asking someone by email to pull down
> > defamatory posts or posted links is totally legal.
>
> And menace or harass is a federal crime. With a 1 year jail term.
** What is the price of fish today ??
................ Phil
>
>
Rod Speed
> Rod Speed <rod_...@yahoo.com> wrote
>> Phil Allison <bi...@bigpond.com> wrote
>>> The OP said "nasty" - not "menaced or harassed".
>> Doesnt matter what he said.
> It matters to what you recommended.
What matters is if it qualifys as menace or harass.
>> What matters is if it qualifys as menace or harass.
> That is what I said.
Liar. You never said anything of the sort.
>>> Asking someone by email to pull down
>>> defamatory posts or posted links is totally legal.
>> And menace or harass is a federal crime. With a 1 year jail term.
> What is the price of fish today ??
Done like a fucking dinner, as always.
Phil Allison
>
> Phil Allison <bi...@bigpond.com> wrote in message
> news:pV7H9.89583$g9.2...@newsfeeds.bigpond.com...
> > Rod Speed <rod_...@yahoo.com> wrote
> >> Phil Allison <bi...@bigpond.com> wrote
>
> >>> The OP said "nasty" - not "menaced or harassed".
>
> >> Doesnt matter what he said.
>
> > It matters to what you recommended.
>
> What matters is if it qualifys as menace or harass.
>
> >> What matters is if it qualifys as menace or harass.
>
> > That is what I said.
>
> Liar. You never said anything of the sort.
** Learn to read English and see the intention.
>
> >>> Asking someone by email to pull down
> >>> defamatory posts or posted links is totally legal.
>
> >> And menace or harass is a federal crime. With a 1 year jail term.
>
> > What is the price of fish today ??
>
> Done like a fucking dinner, as always.
** Smelly as dead fish, as always.
...................... Phil
Rod Speed
> Rod Speed <rod_...@yahoo.com> wrote
>> Phil Allison <bi...@bigpond.com> wrote
>>> Rod Speed <rod_...@yahoo.com> wrote
>>>> Phil Allison <bi...@bigpond.com> wrote
>>>>> The OP said "nasty" - not "menaced or harassed".
>>>> Doesnt matter what he said.
>>> It matters to what you recommended.
>> What matters is if it qualifys as menace or harass.
>>>> What matters is if it qualifys as menace or harass.
>>> That is what I said.
>> Liar. You never said anything of the sort.
> Learn to read English and see the intention.
Learn to bullshit and you wont keep making such a
spectacular fool of yourself, time after time after time.
>>>>> Asking someone by email to pull down
>>>>> defamatory posts or posted links is totally legal.
>>>> And menace or harass is a federal crime. With a 1 year jail term.
>>> What is the price of fish today ??
>> Done like a fucking dinner, as always.
> Smelly as dead fish, as always.
Learn to bullshit and you wont keep making such a
spectacular fool of yourself, time after time after time.
Phil Allison
> Learn to bullshit and you wont keep making such a
> spectacular fool of yourself, time after time after time.
>
** I admit I have no idea how to bullshit. No need either.
................... Phil
Rod Speed
> Rod Speed <rod_...@yahoo.com> wrote
>> Learn to bullshit and you wont keep making such a
>> spectacular fool of yourself, time after time after time.
> I admit I have no idea how to bullshit.
Another obvious lie. You're just hopeless at it as you are on the basics.
> No need either.
Another obvious lie.
Phil Allison
** Robots are so predictable.
................ Phil
Rod Speed
>>>> Learn to bullshit and you wont keep making such a
>>>> spectacular fool of yourself, time after time after time.
>>> I admit I have no idea how to bullshit.
>> Another obvious lie. You're just hopeless at it as you are on the basics.
>>> No need either.
>> Another obvious lie.
> Robots are so predictable.
Even as pathetic an excuse for a bullshit artist as you should
be able to manage better than that pathetic effort, Allison.
Martin Taylor
AB> Thanks for the advice. I removed the post in question (even though I
AB> think I'm in the right) just to try and shut this person up. Hopefully
AB> they will leave me alone now (I've been getting nasty emails).
If you've been getting nasty emails, you may be able to turn that to
your advantage. Called a pre-emptive strike, lodge a complaint with the
other party's ISP, calling their attention to offensive language laws
etc (they may not exist, but the other mob may not know that - again
it's a game of bluff).
Phil Allison
>
> AB> Thanks for the advice. I removed the post in question (even though I
> AB> think I'm in the right) just to try and shut this person up.
Hopefully
> AB> they will leave me alone now (I've been getting nasty emails).
>
> If you've been getting nasty emails,
** How do you know what "nasty" means ??
............... Phil
Matthew Collaery
(honestly) argue that is equivalent to publishing the material that
exists at those addresses?
Rod Speed
"Matthew Collaery" <coll...@hotmail.com> wrote in message news:75b13bae.02121...@posting.google.com...
Fraid so.