On Nov 13, 1:07 am, Wayne Root <root...@astound.net> wrote:
> Has anyone ever done work for a company calledDiscovery-WorksGlobal in New York?
> Any comment will be appreciated.
> Thanks in advance.
> Wayne Root
WRR
.
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Wayne Root
roo...@astound.net
Jeff Slenker
J>E Memphis
Dear Sir,
I recently saw a posting you made regarding our company on the Honjaku
E><J translation list. Interesting that we’ve never done work with
you or even know you. Yet you have decided to re-post something about
us, something you are simply pulling out of the blogsphere, without
any background or knowledge of my company, nor the pertinent points
about this particular issue.
The original post was removed, as it was false, misleading and
defamatory in nature. We took legal action to protect our rights and
we successfully had this erroneous and detrimental post removed.
Reposting a defamatory post is defamation.
I’m respectfully requesting that you remove this post. It is
misleading and points to a dead url, however internet searches on my
company still point to your listserv comments. Its unfairly
detrimental to my company. We work with hundreds of court reporters
and translators, and have done so since 1987. One post like this
takes a life of its own on, and its patently unfair, particularly
coming from you, who we’ve had no interaction with at all.
I’d really appreciate if you can handle this quickly. I respect
anyone’s right to free speech. But I also will do everything
necessary to protect my rights against defamatory posts. Again I’m
asking you kindly to resolve this amicably.
I’m available to speak or communicate via email at your convenience,
should you wish to.
Best Regards,
Harry
Harry A. DeBari, CEO
DiscoveryWorks Global
57 E. 11th Street, 2nd Floor
New York, NY 10003
212-897-5805
>Hmm. This post looks rather like the person being threatened with a
>lawsuit:
>
>http://www.depoman.com/forum/viewtopic.php?t=12290&sid=
>0f41f3b64b8c75ecbb442b4f42f48f5a
Yes, they sound like a pretty scary outfit, and it seems they are
threatening this mailing list as well if the post is not removed. If
they really think the charges were not valid, let's hear their side of
the story. Why did the check bounce?
Wataru Tenga
(Incidentally, can anyone explain what "electronic discovery" is?
------------
This is actually a common term. This firm apparently does legal services. In
this context, "discovery" is defined as a compulsory pretrial disclosure of
documents relevant to a case. "Electronic discovery" is merely doing so
electronically, rather than delivering truck loads of printed documents.
There are technologies that have been developed around such discovery, to
automatically identify, translate, index, retrieve, etc., the documents.
These technologies also fall under the rubric of "electronic discovery."
Warren Smith
PS: Much of my practice focuses on helping attorneys with the discovery
process, and in fact I teach continuing education courses in bar
associations in the US to instruct US attorneys on the intricacies of
discovery and deposition work in Japan, so a firm with a name such as
"Discovery Works-Global" seems like a perfect match with what I do... But
after reading the correspondence from these people, I think not!
In general, the act of republishing or continuing to distribute a third
party's defamatory statements knowingly (e.g. after having been notified
of the statement's defamatory nature) would qualify as defamation if the
statement itself constitutes defamation.
There is however Section 230 of the Communications Decency Act
"No provider or user of an interactive computer service shall be treated
as the publisher or speaker of any information provided by another
information content provider.", which in at least one notable case
(http://en.wikipedia.org/wiki/Barrett_v._Rosenthal) has been found to
protect such activity on the Internet.
Herman Kahn