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Deirdre
Czarina Emeritus
Joined: 10 Nov 2004
Posts: 13023
Location: Camp Cooper
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 Posted: Thu Jan 24, 2008 4:18 pm Post subject: I got a call today while between sessions in Portland. . . |
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...from a man who runs a little production company called Planet Charley.
What a mess.
"Defamation of character" !?
It could have been worse— lucky for me, the fellow who runs the joint is a reasonable man.
I am pretty peeved, I must say. I am not fond of having to clean up after people in here.
I don't deserve this kind of aggravation.
Please do me a favor, everyone— and read the rules again. This kind of crap could and should have been avoided.
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Last edited by Deirdre on Tue Jan 29, 2008 11:15 am; edited 1 time in total |
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glittlefield
M&M
Joined: 08 Mar 2006
Posts: 2039
Location: Round Rock, TX
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| Posted: Thu Jan 24, 2008 4:50 pm Post subject: |
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So... Not only is this not a blog; it's not a private chat room, either.
Sorry to hear about the aggravation, Deebs.
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Greg Littlefield
VO-BB Member #59 |
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Ed Gambill
Cinquecento
Joined: 18 Nov 2007
Posts: 561
Location: King, NC 35mi SE of Mayberry
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| Posted: Thu Jan 24, 2008 5:01 pm Post subject: |
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I noticed yesterday that the Bots were logging this site. This isn't Vegas. What gets said here gets OUT THERE for every one to read?
Kind of makes you want to hush and play pretty doesn’t it.
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Last edited by Ed Gambill on Thu Jan 24, 2008 5:05 pm; edited 1 time in total |
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CarynClark
MMD
Joined: 28 Feb 2007
Posts: 2697
Location: Fort Myers, FL
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| Posted: Thu Jan 24, 2008 5:03 pm Post subject: |
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Sorry DB. Really and truly sorry.
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Caryn Clark... The Hip Chick Voice!
"A positive mental attitude and having faith in your ability is quite different from being irresponsible and downright stupid." - Dave |
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Deirdre
Czarina Emeritus
Joined: 10 Nov 2004
Posts: 13023
Location: Camp Cooper
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| Posted: Thu Jan 24, 2008 6:12 pm Post subject: |
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Ed— The bots can grab all the forums except WORK and ENTRE NOUS.
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Gp
Guest
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| Posted: Thu Jan 24, 2008 7:10 pm Post subject: |
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It would appear the world is watching. I think we should all be very careful about what we say anywhere. Especially here on this forum.
While the world may not be watching in the literal sense, YET, this incident is pretty good evidence that this place is looked at a lot. This place, for the most part, is public. What we say here, like it or not, is a direct reflection of yours and my image and the image of this forum. For the most part this forum has a VERY good reputation. Let's keep it that way. A model to the rest of the forums. No where else can you go and find this kind of respect and camaraderie.
I'm not by any means suggesting anyone should change their personality and walk on egg shells constantly. Just be aware. Be careful what you say. Is that potential employer looking in? It might would surprise you. |
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Gregory Best
The Gates of Troy
Joined: 04 Aug 2005
Posts: 1853
Location: San Diego area (east of Connie and south and east of Bailey)
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| Posted: Thu Jan 24, 2008 7:41 pm Post subject: |
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Don't forget to say hello to NSA and others in Homeland Security, certainly they may be watching too
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Gregory Best
greg@gregorybest.com |
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todd ellis
A Zillion
Joined: 02 Jan 2007
Posts: 10531
Location: little egypt
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| Posted: Thu Jan 24, 2008 8:03 pm Post subject: |
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| Quote: | | No where else can you go and find this kind of respect and camaraderie. |
so true, greg.
i was talking to a board member on the phone today (pre dust-u and mentioned that there are often times when i will write a long post - then delete it without posting. sometimes it's good to get these things off our chests --- maybe just not so good to go completely public.
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"i know philip banks": todd ellis
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Jeffrey Kafer
Assistant Zookeeper
Joined: 09 Dec 2006
Posts: 4931
Location: Location, Location!
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bobsouer
Frequent Flyer
Joined: 15 Jul 2006
Posts: 9883
Location: Pittsburgh, PA
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| Posted: Thu Jan 24, 2008 8:32 pm Post subject: |
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Me three
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Bob Souer (just think of lemons)
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Jeffrey Kafer
Assistant Zookeeper
Joined: 09 Dec 2006
Posts: 4931
Location: Location, Location!
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| Posted: Thu Jan 24, 2008 8:35 pm Post subject: |
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While most people are not actively watching these forums, certainly your posts will appear if someone searches (except the 2 hidden forums). And at least once or twice a week, someone searches for my name. Very sobering if that's a potential client. 'Cause I've been known to get silly up in this mofo.
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Jeff
http://JeffreyKafer.com
Voice-overload Web comic: http://voice-overload.com |
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Bailey
4 Large
Joined: 04 Jun 2005
Posts: 4336
Location: Lake San Marcos... north of Connie, northwest of the Best.
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| Posted: Thu Jan 24, 2008 10:11 pm Post subject: |
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Just incase inquiring minds want to know.
| Quote: | From Wise Geek.
The main problem with proving defamation of character is the protection of free speech guaranteed by the First Amendment. Courts generally agree that an opinion, no matter how malicious, is not the same as a stated fact. If the disgruntled customer had said "Don't eat at Joe's Cafe. I think the food is lousy and the chef is sick," then defamation of character would be difficult to prove. Other people can still form different opinions. Once the customer said "Don't eat at Joe's Cafe. I know the chef and he has AIDS," then a statement of fact has occurred and a claim of defamation of character can be pursued.
Another problem concerning defamation of character is the actual truth of the statement. Some may argue that in order for defamation of character to occur, the alleged victim actually has to have character to defame in the first place. Calling a known neighborhood bully a 'thug' in the local paper wouldn't qualify as defamation of character, because it isn't a statement against fact. The truth is, the truthfulness of the statement isn't always a factor in actual court proceedings. In our hypothetical case, the court would assume the chef does not in fact have AIDS and the defendant knew this at the time the statements were made.
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The name "Joe's Cafe" is a fictitious rendering in this quote, and is only being used as an example.
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"Bailey"
a.k.a. Jim Sutton
Retired... Every day is Saturday, except Sunday.
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Frank F
Fat, Old, and Sassy
Joined: 10 Nov 2004
Posts: 4421
Location: Park City, Utah
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| Posted: Thu Jan 24, 2008 10:42 pm Post subject: |
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So well stated Bailey. To everyone else I offer the following thought:
The real problem is not the proving or dis-proving of the defamation. The problem lies within the costs associated with taking such an issue to the court system.
One can argue the point of character, one may argue the point of public entity, one may argue knowledge, one may also argue free speech; however in an adversarial process such as our legal system one cannot argue that fees for attorneys may add up to more than the monies or actual pain and suffering which began the legal process.
The question of: "What is it worth?" comes to mind when dealing with these issues. If your personal brand or image is tarnished, what is it worth? If you besmirch the reputation of another, what is it worth?
Keeping your brand/image and the image/brand or reputation of the VO-BB and our own D.B Cooper above reproach protects us all. The general question before all of us, myself included is: "What is it worth to you"?
This is not to be considered legal advice as I am not a lawyer, nor do I play one on the TV or radio, but I did stay at a Holiday Inn once.
Toodles
F2
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Be thankful for the bad things in life. They opened your eyes to the good things you weren't paying attention to before. email: thevoice@usa.com |
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CarynClark
MMD
Joined: 28 Feb 2007
Posts: 2697
Location: Fort Myers, FL
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| Posted: Fri Jan 25, 2008 6:20 am Post subject: |
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Good points all, and points I'm sure we're all aware of, but sometimes emotion gets in the way of common sense.
I for one am the type to have a very guilty complex... and I'm also an extremely honest person. Even though I don't believe what I said (or have said on other threads recently) was defamatory, I still feel badly for participating in the thread to even explain my experience.
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Caryn Clark... The Hip Chick Voice!
"A positive mental attitude and having faith in your ability is quite different from being irresponsible and downright stupid." - Dave |
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TheVoiceOfBob
14th Avenue
Joined: 05 Oct 2006
Posts: 1411
Location: Pittsburgher in the Carolinas
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| Posted: Fri Jan 25, 2008 6:37 am Post subject: |
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| JeffreyKafer wrote: | | And at least once or twice a week, someone searches for my name. Very sobering if that's a potential client. 'Cause I've been known to get silly up in this mofo. |
I'm tech savvy, but I have no idea how you determine that someone has searched for you. Clue me brother!
You, silly? NOOOOO!
I'm just so happy that it wasn't me that got in trouble this time. Deebs, remember that! I was good! 
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Try to imagine a world where there is no such thing as hypothetical situations.
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