no one asked me to do anything I don’t like people who directly attack others ...and if you have proof you should at least have the balls to tell him who told our these things. Maybe not on here but at least a private message. And sorry I do think you made it up and no offence Dr. Jay but i will get involved in what i want this isn’t a private chat!
Permalink Reply by MDS on January 8, 2009 at 2:29am
Kent, good luck on the "Libel" case... as Dr. Jay isn't a reporter and isn't responsible for printing NEWS only personal opinion at most, so most likely it would never go anywhere.
Dr. Jay is right, he never called you a rapist, he simply said : "Let's ask a rape victim to sit in with her rapist and discuss why he sexually assaulted her."
Which if you will notice doesn't name anyone at all.
Surga, "i just dont like how people directly attack others on here"
Damn you, now I can't 'talk' to half the people on Spill if I can't attack them. =(
Metalvirgin , "Are you saying you don't have the biggest swinging dick ever?"
No, I never said I didn't have the biggest swinging dick ever, I never said that at all. You can trust me, I don't tell falsehoods in the forums. =P
Man, thank god I'm sick right now and can't sleep. I would hate to have missed out on this one..... it's the most fun going on right now.
Permalink Reply by MDS on January 8, 2009 at 2:36am
I agree that blogs are being presented as news these days, which is another argument all together....
It's what the COURTS determine to be a credited 'News agency' that matters in cases of Libel and Slander. I agree that by loose definitions, being labeled as a Rapist on someone's Internet blog is 'libel' by definition. It's what the courts think about internet blogs that matter. It's why a lot of the blogs being presented as 'news' are really nothing more than speculation and rumors or opinions. It's because of this 'loophole' in the way the courts work, that people are using to present something that would normally get them in trouble with people. Look at the Inquirer magazine... sure it's filled with rumors and crappy stories. But the courts view it as a 'credited news agency' which is why they get sued all the time.
Permalink Reply by MDS on January 8, 2009 at 2:49am
And he could have simply stated that you had 5 ears, 6 arms, and 17 boils on your back that form the figure of the Virgin Mary....... it's not something to get worked up about. Nor is it something to take seriously. If you wish, you may try to pursue the matter. However, let me ask you three very simple questions to answer.
What state are you wanting to try the case in?
Providing the two parties are of different states, which state laws regarding Libel are enforced? That's something the courts will have to decide. If you live in a more 'conservative' state, and the other party lives in a more 'liberal' state, which one do you want to try the case in? Because I'll tell you up front... it makes a HUGE difference on if the judge will deny your motion to bring it to trial or not.
Second question, can you PROVE the accusation actually caused you PERSONAL lose?
I don't know how you would be able to convince people that you've lost any reputation in the public eye, or lost money earned, or even lost responsibility. Remember before you try to advance a legal case, you have to be able to prove your point. Just being called a name (No matter how vile, and no matter how personally upsetting) on the internet doesn't automatically mean you lost anything in your real-world surroundings.
Third question, Under which name would you bring charges?
Are you able to get Dr.Jay's true legal name? And if so, what sort of position would you put the Spill.com and Ning.com owners over legally binding user contracts. Plus, how are you going to be able to prove that Dr. Jay's registered name is his legal name? Or better yet, even attempting to pull up his IP address and contact the Provider for user information, who says they have to give you that information?
Able to answer those 3 questions would be the biggest hurdle to overcome and honestly would prevent any lawyer that's actually NOT a sleazy-ball to tell you to just forget the whole thing. Even the sleaze-ball lawyers would more than likely say forget it. And if you try to do it without lawyers, and on your own... chances are the judge would deny your motion to go anywhere with the charges.