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#61 | |
Gamebreaker
Join Date: Apr 2006
Posts: 13,729
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Re: The Bad News Thread
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....DISCLAIMER: All of my posts/threads are my expressed typed opinion and the reader is not to assume these comments are absolute fact, law, or truth unless otherwise stated in said post/thread. |
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#62 | |
Gamebreaker
![]() Join Date: Nov 2010
Posts: 14,275
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Re: The Bad News Thread
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Listen, Al is the lesser of the evil on the three guys. I just posted Al's picture because it was funny. The other two are much much worse in terms of falsifying records and using state resources for personal use. What? I told you my co-worker photoshopped this, not me. Do you people even read? I don't have to make him look bad, he does that all by his lonesome. Why are you defending people like this?...lol
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"So let me get this straight. We have the event of the year on TV with millions watching around the world... and people want a punt, pass, and kick competition to be the halftime entertainment?? Folks, don't quit your day jobs."- Matty |
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#63 | ||
Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 61
Posts: 10,401
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Re: The Bad News Thread
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Statements impugning someone's character that are false are, in general, actionable. The picture itself could be cause for a claim of "false light" - taking a true statement/photo out of context to impugn a person's character. Based on the picture and his description, is NC open to charges of libel? Yup. If everything NC says is true and he has the evidence to back it up, then, after depositions, document discovery and subpoenas for records, he will likely prevail after a motion for summary judgment. However, if the other side can bring in enough to make any of the various factual (not opinion) statements a question of fact that reasonable people could differ on, then it would go to trial if even on a limited basis. As a State employee, it is unlikely the State is open to any sort of suit based on this because posting on a football website is clearly outside the scope of NC's duties even if he does so in business hours. The same would likely be true for any employer although some of the statements imply that the higher ups know of the behavior. So a suit against them would be unlikely to survive a motion to dismiss but just might. Given the anonymity of the internet, someone would need to have some real desire to bring suit. If they did, had an ax to grind, and found out NC's identity, a lawsuit would ensue. Based just on the statements posted and the pictures specifically identifying the guy, any such lawsuit drafted by a reasonably competent attorney would survive a Motion to Dismiss because to do so all you have to do is state a legal basis for recovery: NC made defamatory statements about me, they are false, I am entitled to damages. The dispute is not legal but factual. Accepting that what NC says is true (and I, a State employee also, do) NC would prevail in the end, but only after retaining an attorney, paying for depositions, paying for the attorney to draft & argue a motion for judgment, and, possibly, going to court. It would take a driven plaintiff, but proving you are correct could turn into an expensive proposition -- I have a case where a former employee is suing the employer for asking him to resign after he sexually assaulting another person at the office. He will lose because he is wrong, and I will have great fun arguing to the jury - but it is costing my client a ton to prove it. ... and that is my two cents. You can send my retainer through my paypal account.
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#64 | |
Gamebreaker
![]() Join Date: Nov 2010
Posts: 14,275
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Re: The Bad News Thread
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Thank you for the breakdown. Let's not forget this gem as well. http://rt.com/usa/ip-constitute-pers...ight-suit-973/ To be sure this ruling would apply to pretty much everything else eh?
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"So let me get this straight. We have the event of the year on TV with millions watching around the world... and people want a punt, pass, and kick competition to be the halftime entertainment?? Folks, don't quit your day jobs."- Matty |
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#65 |
From a Land Down Under
![]() Join Date: Aug 2012
Location: toms river, nj
Age: 52
Posts: 23,068
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#66 | |
Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 61
Posts: 10,401
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Re: The Bad News Thread
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As I understand it, the copyright ruling simply says - just b/c it was downloaded by your computer, it is not proof any specific person downloaded the pirated material ("Hey, I didn't do it, my brother uses my PC, so does my neighbor, and this weird guy down the street who I occasionally let check his e-mail. Anyone of them could have pirated it when I wasn't watching"). Essentially, proof that your IP address downloaded illegal materials, in and of itself and without any other extrinsic evidence, is legally insufficient to prove you downloaded illegal materials - i.e. they lose automatically and all you have to say is "you have failed to state a legal claim". You do not even have to allege that the computer was used by another person. Rather, if all these companies have is information saying "IP address X downloaded material", then they lose on a Motion to Dismiss as a matter of law. However, if they have info that "IP address X downloaded material" and a statement from IP address X's owner that "Oh no, only I use that computer" or proof that IP address X's owner has the pirated materials on his device (or some other device), THEN it becomes a factual question that survives a motion to dismiss because there are more facts in play than the simple "this IP address downloaded the materials". [Again, copyright not my area - just working off some basic principles] In this case, if someone can demonstrate that your personal computer (or your work computer) was used, the statements and photo are pretty damn specific and, in conjunction with an IP address identifiable to you or a computer you regularly use, it would at least raise a factual question as to whether or not you were the one who made the statements. Once past the motion to dismiss, they could subpoena the hard drives from the IP addresses used, certainly they would (I would) subpoena files from your work relating to your internet usage, depose coworkers, look up every post by "NCSkins" to see if it gave any information identifiable to you. Further, if you post from work (or during work hours), it could, possibly, result in a sanction from your employer - particularly if they get subpoenas for your work comps hard drive or Public Information Act Requests about your computer usage. Again, as I said, it would take a really, really motivated plaintiff to choose to do all those things b/c it would not be cheap to pursue. From all that you said, I doubt that the individuals in question qualify. But, the original assertion was that the photo coupled with the specific statements left you open for charges of liable. I think it very clearly does "leave you open". I suspect, however, (1) it would be too costly for the potential plaintiffs in question; (2) their desire to pursue would be significantly cooled by the knowledge that they are likely to eventually lose. At the same time, if they are willing to exert the time and money to chase you down, they likely could force you to spend time and money defending their charges. Truthfully, had you not posted the picture and just gone with the pronouns and descriptions, I would have said "No problem". Again, even with the picture, not likely to result in anything, BUT, if they have the right kind of crazy, have money to burn, and just want to make your life sh** for a bit, well, the pictures let them do that - even if you ultimately prevail. When it comes to posting the pictures, if it were me, I wouldn't do it and I would recommend to any client of mine not to do so. I get where you coming from, really, I do (Just look at some of my posts in the Gear Grinding thread). I just think you may have let your frustrations get the better of your judgment. I may be misreading the cited opinion, but I don't think so. Further, this is just my two cents and is not in any way intended as legal advice - 'cause I ain't licensed in "Internet Land". An attorney in your jurisdiction could read this and say "He's full of sh**" (Certainly, saden1 questions my legal competence on a regular basis). At the same time, I would give this same two cents to a friend with whom I was sharing a beer - whether we were doing so in my home State or one with terrific beaches and cool lighthouses.
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#67 |
Gamebreaker
![]() Join Date: Aug 2005
Posts: 12,563
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Re: The Bad News Thread
Jesus Christ talk about mole holes into mountains.
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#68 |
MVP
Join Date: May 2004
Age: 45
Posts: 10,164
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Re: The Bad News Thread
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#69 |
Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 61
Posts: 10,401
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My opinion was asked. It was given. When it comes to the law, my opinions are rarely succinct.
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#70 |
Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 61
Posts: 10,401
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I wish I had gotten my law degree from a Holiday Inn.
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#71 |
Franchise Player
Join Date: Feb 2004
Location: I'm in LA, trick!
Posts: 8,700
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JR is many things, a moron is not on that list.
I admire your restraint in only posting a few words in rebuttal, JR. Sent from my DROID RAZR using Tapatalk |
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#72 |
Gamebreaker
![]() Join Date: Aug 2005
Posts: 12,563
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Re: The Bad News Thread
I was not just pointing you out just the overall discussion.
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When life gives you paper jams, turn them into paper footballs! |
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#73 |
Gamebreaker
Join Date: Apr 2006
Posts: 13,729
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Re: The Bad News Thread
Holiday Inn "Express" . Then you would only know hotel law ! ![]()
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....DISCLAIMER: All of my posts/threads are my expressed typed opinion and the reader is not to assume these comments are absolute fact, law, or truth unless otherwise stated in said post/thread. |
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#74 |
Playmaker
Join Date: Mar 2007
Location: close to the edge
Posts: 4,926
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Re: The Bad News Thread
bad news for me - i am draggin arse today and am running out of menial phone calls to make and might have to make some serious calls that would require full brain capabilities .. i really just feel like staring at my computer screen and typing nonsense on the warpath all day.
at least my keyboard would make the clicking typing sound and it would sound like im busy. |
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#75 | |
Living Legend
Join Date: Aug 2008
Age: 57
Posts: 21,227
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Re: The Bad News Thread
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