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Subject: Re: moderation wrong hyatt

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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