Date:	Tue, 11 Oct 1994 20:18:01 -1000
From:	"savage allan"@a1.meoc02.sno.mts.dec.com (Allan Savage)
Message-Id: <65022211014991_646793@MEOC02>
Organization: Division of Applied Sciences, Harvard University
Subject: E-Mail Defamation

    For everyone's information, I've transcribed a small excerpt from an 
    article discussing E-Mail confidentiality and defamation.  The article, 
    entitled "E-mail Law", is by Richard Pryor and Kym Teh of the 
    Technology Law Group, Bonnins Commercial Lawyers.  The article appeared 
    in the ACS (Australian Computer Society) Victorian Bulletin, 
    September/October 1994.
    
    *** Excerpt begins >>>
    
    "The exchange of insulting messages by E-mail or postings to a bulletin 
    board or newsgroup is commonly referred to as "flaming".  This 
    practice, which is of questionable benefit in any circumstances, can 
    expose the flamer to substantial liabilities if the flamee is defamed 
    by the message.
    
    "A liability for damages defamation arises where a statement is made 
    about a person which tends to lower that person's reputation in the 
    eyes of the community.  The damages awarded tend to be larger for 
    widely disseminated criticisms.
    
    "A recent Western Australian case has confirmed that damages are 
    payable for defamation by E-mail message and that these damages may be 
    substantial.  In this case an anthropologist successfully sued a 
    colleague for damages in connection with messages published on the 
    DIALxScience Anthropology Computer Bulletin Board.
    
    .
    .
    .
    
    "In the US, defamation proceedings have also been reported in relation 
    to critical items posted to the Internet.
    
    <<<  Excerpt Ends  ***
    
    fyi
    
    Cheers,
    BigAl
    (allan.savage@meo.mts.dec.com)



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Date:	Wed, 12 Oct 1994 10:29:03 -1000
From:	silntobsvr@aol.com (SilntObsvr)
Message-Id: <37hguf$ltq@newsbf01.news.aol.com>
Organization: America Online, Inc. (1-800-827-6364)
Subject: Re: E-Mail Defamation

In article <65022211014991_646793@MEOC02>, "savage
allan"@a1.meoc02.sno.mts.dec.com (Allan Savage) writes:

>    For everyone's information, I've transcribed a small excerpt from an 
>    article discussing E-Mail confidentiality and defamation.  The
article, 
>    entitled "E-mail Law", is by Richard Pryor and Kym Teh of the 
>    Technology Law Group, Bonnins Commercial Lawyers.
 <<remainder of food-for-thought article snipped>>

Hmmm... guess it goes to show good manners >do< pay!  B)


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Date:	Wed, 12 Oct 1994 13:17:46 -1000
From:	Alastair@camel.demon.co.uk (Alastair S Measures)
Message-Id: <782003866snz@camel.demon.co.uk>
Organization: Myorganisation
Subject: Re: E-Mail Defamation

There are a whole swather of legal complexities here.

For a starter if I (British in UK) defame you (American
in the USA) over Internet news (nationality undefined)..... 
then where would you take me to court ? (.... Atlantis ...
with the jury made up of Dolphins presided over by
Jacques Cousteau in a toupee ????).

I rest my case !

-- 
Alastair S Measures, London E2, United Kingdom.


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Date:	Thu, 13 Oct 1994 12:09:25 -1000
From:	Colin_Douthwaite@equinox.gen.nz (Colin Douthwaite)
Message-Id: <Colin_Douthwaite.i1hr@equinox.gen.nz>
Organization: Equinox Networks
Subject: Re: E-Mail Defamation

savage allanAllan Savage (@a1.meoc02.sno.mts.dec.com) wrote:
:     For everyone's information, I've transcribed a small excerpt from an 
:     article discussing E-Mail confidentiality and defamation.  The article, 
:     entitled "E-mail Law", is by Richard Pryor and Kym Teh of the 
:     Technology Law Group, Bonnins Commercial Lawyers.  The article appeared 
:     in the ACS (Australian Computer Society) Victorian Bulletin, 
:     September/October 1994.
:     


Hey you wouldn't be a lawyer by profession would yer ? 

Disclaimer: No defamation was intended in this comment :-)

Bye,


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Date:	Sun, 16 Oct 1994 00:13:34 -1000
From:	crowell@teleport.com (Carl Crowell)
Message-Id: <crowell.85.000A3A3D@teleport.com>
Organization: Kites By Carl Crowell
Subject: Re: E-Mail Defamation


Of course you can't really be blamed if what someone says is true..can you?


he he he eh?

carl


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Date:	Sat, 15 Oct 1994 18:14:54 -1000
From:	mauricio@tezcat.com (Mauricio Araujo)
Message-Id: <37q9bu$p2c@xochi.tezcat.com>
Organization: Tezcat.COM, Chicago
Subject: Re: E-Mail Defamation

Alastair S Measures (Alastair@camel.demon.co.uk) wrote:
: There are a whole swather of legal complexities here.

: For a starter if I (British in UK) defame you (American
: in the USA) over Internet news (nationality undefined)..... 
: then where would you take me to court ? (.... Atlantis ...
: with the jury made up of Dolphins presided over by
: Jacques Cousteau in a toupee ????).

: I rest my case !

Your joking right. I would sue you in U.S. state court (my home state)
or in U.S. Federal court and claim an amount greater than $50,000 USC. 
If you do not think that it can be done then ...
-- 



=============================================================================
		Opinions not necessarily those of the author ;)
_____________________________________________________________________________


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Date:	Sat, 15 Oct 1994 10:04:58 -1000
From:	Mr.Nasty@ix.netcom.com (Frank Kenisky)
Message-Id: <37pcla$bbv@ixnews1.ix.netcom.com>
Organization: Netcom
Subject: Re: E-Mail Defamation

In <782003866snz@camel.demon.co.uk> Alastair@camel.demon.co.uk (Alastair S Measures) writes: 

>There are a whole swather of legal complexities here.
>
>For a starter if I (British in UK) defame you (American
>in the USA) over Internet news (nationality undefined)..... 
>then where would you take me to court ? (.... Atlantis ...
>with the jury made up of Dolphins presided over by
>Jacques Cousteau in a toupee ????).
>
>I rest my case !
>
>Alastair S Measures, London E2, United Kingdom.

This obviously proves the extent of your knowledge, is extremely limited.
In a case of a "flame" between two individuals who are arguing a point, and
refer or infer that one or the other is a resevour for dog doo. Then this
is an attack of the individuals character and does not in any way reduce
the respect or influence others to make a judgement about your character.

If in fact you post a disclaimer which states that you represent a body
of individuals (i.e. AKA) then that body becomes liable, because you have
held yours self out as a member who represents that group. Without, a personal
disclaimer you do not infact make your uk self liable you make the group
you represent liable.

Know The Law Before You Post DISCLAIMERS.

Mr.Nasty


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Date:	Wed, 19 Oct 1994 21:43:01 -1000
From:	"savage allan"@a1.meoc02.sno.mts.dec.com (Allan Savage)
Message-Id: <13543291014991_653814@MEOC02>
Organization: Division of Applied Sciences, Harvard University
Subject: Re: E-Mail Defamation

Colin_Douthwaite@equinox.gen.nz wrote:

> Hey you wouldn't be a lawyer by profession would yer ? 

No.  I used to be a lawyer, but now I'm studying to be a laboratory rat.
I find I have more friends that way.

Cheers,
BigAl
(allan.savage@meo.mts.dec.com)



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Date:	Tue, 18 Oct 1994 09:17:01 -1000
From:	andrew@tug.com (Andrew Beattie)
Message-Id: <CxvuwE.4GI@tug.com>
Organization: /usr/lib/news/organisation
Subject: Re: E-Mail Defamation

Alastair@camel.demon.co.uk writes:
>[...] with the jury made up of Dolphins presided over by [...]

Talking of Dolphins... what's the scoop on the AKA elections?

Andrew
-- 
Netiquette-of-the-day: Reduce quotations but don't use null quotations
You can FTP the kite FAQ's from ftp.hawaii.edu (directory /pub/rec/kites/faq)
 /-\       ()       ><       ()       |\/|       ()       ><       ()       /-\
 \-/       ()       ><       ()       |/\|       ()       ><       ()       \-/


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Date:	Fri, 21 Oct 1994 20:56:34 -1000
From:	andrew@tug.com (Andrew Beattie)
Message-Id: <Cy2BAB.13L@tug.com>
Organization: /usr/lib/news/organisation
Subject: Re: E-Mail Defamation

(Frank Kenisky) writes:
>If in fact you post a disclaimer which states that you represent a body
>of individuals (i.e. AKA) then that body becomes liable,

As a paid up member of the PKA, I would like to point out that Mr Nasty
is a resevour for dog doo.

[Nothing personal you understand, Frank?]
You owe the Kite Oracle 89 million dollars, a cup of hot coffee and a ham
and mushroom pizza delivered within the next 30 minutes.

Andrew
-- 
Netiquette-of-the-day: Reduce quotations but don't use null quotations
You can FTP the kite FAQ's from ftp.hawaii.edu (directory /pub/rec/kites/faq)
 /-\       ()       ><       ()       |\/|       ()       ><       ()       /-\
What should I know?  I can't even axel yet :-(


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