Author: John Smith
Date: 20:37:29 09/29/02
Go up one level in this thread
On September 29, 2002 at 23:21:23, Robert Hyatt wrote: >On September 28, 2002 at 17:57:07, John Smith wrote: > >>Hey Sparky (that fits you so wonderfully), the truth is an absolute defense >>against both slander and libel. In your previeus post, you admitted to having >>pirated software on your computer. Pirated software that you did NOT pay for. >>Therefore, you are a thief. A crook. A member of a most unsavory lot. >> >>warmest regards, >> >>:) > > >A couple of points. > >(1) "truth is _not_ an absolute defense". You can tell the truth, with the >intent to damage someone's character or good name, and _still_ be found guilty >in a court of law. > >(2) CCC is _not_ the place to carry on this kind of stuff. Please take it >to private email or somewhere else. It does not belong here and we (the >moderators) are getting too many complaints. > >Both of you take a deep breath and do something _else_ for a while. Robert Hyatt, you are not a lawyer, nor a legal scholar; stick to what you do best. The truth is an absolute defense against any defamation cause of action because (and pay attention Bobby), by definition, a slanderous or libelous claim is a false claim ( you still with me Bobby?). Since Terry (hereafter known as 'sparky') admitted to having pirated software in his computer; software that he did not purchase and futhermore, knew he did not pay for, he is by legal definition, a thief. Now then, Bobby, the truth will never land you in jail unless the truth you state in a court of law or which is admissible under the applicable evidentiary rules, implicates you (the person stating the truth)in a criminal act. With me so far? In this thread, I stated that Terry could not successfully sue me for libel because he stated by his own words that he is a thief. My calling him what he is is just my being accurate. Any attempt on his part to sue me would prove fruitless and I would not be found liable for the tort of defamation(liable) because I only repeated a truth Terry admitted. By the way Bobby, in a tort you are found liable, not guilty; guilty is only for criminal charges. warmest regards,
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