Author: Dave Gomboc
Date: 23:29:13 04/05/03
Go up one level in this thread
On April 04, 2003 at 23:03:52, Vincent Diepeveen wrote:
>On April 04, 2003 at 21:12:41, Dave Gomboc wrote:
>
>>While the first email sent to you alone is bad enough, sending you a second,
>>even more objectionable email after you expressed your displeasure with
>>receiving the first shows very poor judgement on the part of the sender.
>>
>>You could consider doing the following things:
>
>without saying i agree or disagree. let's look objective from lawyer viewpoints:
>
>a) typical dumb american reaction let me go into details
>
>>1. Check if in your jurisdiction, there is something that limits freedom of
>>expression ("speech" in the USA) where the primary purpose of such expression is
>>to espouse hatred.
>
>lawyer costs in USA, but in the end they will tell you they do not know because
>to sue such persons you need to sue someone in his own hometown.
I didn't suggest suing anybody. I suggested inquiring as to whether the actions
of his sender constitute a crime in Washington State (where Bruce lives).
>>2. If so, file a formal complaint with your local police.
>
>austrian police will laugh at you for something like that and judge you as the
>typical american, confirming their ideas about them.
His local police are not Austrian, they are American. They may tell him he's
out of luck, no crime was committed, but they definitely will not laugh about
the situation.
>>3. Check if in the sender's jurisdiction, there is something similar.
>
>yeah you can start a courtcase in the town where the person lives.
>his village is like 200 people so you probably need to go to the nearest
>'canton'.
>
>Then the next question is what court you try to sue someone.
>
>That means in the meantime you already pay triple lawyer costs, because
>in europe (and i assume in austria it isn't much diff from netherlands here):
> a) under european law in general courtcases without paying lawyers is
>forbidden
> b) you need a laywer to start a courtcase
>
>Then after $5000 lawyer costs you will find out that actually in europe winning
>a courtcase is very difficult. Basically you can win a courtcase if the sued
>person doesn't defend himself. Amazingly enough many do not do that indeed. They
>do not show up.
>
>But this person would show up with a lawyer.
Again, I never suggested suing anybody. Your discussion of a private lawsuit is
completely irrelevant. It is a police officer's decision as to whether to file
charges, and a prosecutor's decision whether to proceed with them to trial or
not.
>>4. If so, file a formal complaint with his local police.
>
>You repeat yourself here. That's already adresses above. They will laugh in
>austria for that.
Quite possibly. I've never been there, I wouldn't know.
>>5. File a formal complaint with the sender's employer. (Even in a university,
>>there are practical limits to an academic's freedom of expression.)
>
>Chessbase will say they have nothing to do with this and they better do so as
>they got some economical interests:
1) They may make it clear that they do not support the sender's comments.
2) They may choose to privately ask the sender to not send such emails in the
future.
>>6. I hope you are able to at least receive a formal apology with a commitment
>>that such an act will not be performed by the sender again. Of course, you
>>could try to press for considerably more than that, depending on how badly
>>you've been offended.
>
>I bet in germany they are cheering that one program which possibly could win
>from Brutus is out of the competition now.
Brutus didn't finish first in the last tournament.
>Now you're back to reality i hope again.
?
Anyway, it's all irrelevant -- Bruce doesn't seem to be as annoyed as I
initially thought he was.
Dave
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