Author: Bob Durrett
Date: 13:09:34 12/15/03
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On December 15, 2003 at 04:10:59, Andrei Fortuna wrote: >Hi, > >As you can read in a thread below Lech Mazur won't be able to host the search >engine anymore because a lawyer (or someone pretending to be) complained to his >ISP that some messages which were posted on CCC (and found with the search >engine) contained slanderous alegations about his client. > >I have received some days ago this e-mail which was addressed to the ISP (my >address was in its CC: ) but I ignored this message, I thought that the search >engine was in fair use according to copyright laws and I found ridiculous the >claim to remove some message from the archive, i.e. I thought it is similar to >asking the same thing at Google, to remove some pages from its cache. > >At the moment I will not post the said e-mail here as I am not sure if posting >it will not make me liable to any kind of suit. > >What I ask here is your opinions about this matter : do you think that the >search engine can contain the incriminated thread (in which as far as I remember >was somebody making comments about somebody else's site) ? Any legal opinions ? > >So far I am sure that I can't be forced to delete messages if the author or >somebody else requests so, since the search engine makes fair use of the >original message. But what if somebody asks me to delete a thread because it >containts slanderous accusations against him ????? > >Andrei > >P.S. I am still looking for a linux machine to host the search engine, anybody >feels brave enough ? The problem with email and bulletin boards is that ANYBODY can send a message or post a bulletin claiming to be someone or something that they are not. When someone calls me on the phone and asks me to "answer a few simple questions" for a survey or whatever, I simply refuse. Those that fall prey to scams due to wishful thinking or curiosity or emotional reaction are the much-desired prey of con artists and other such scumbags. If a person claims to be an attorney, hang up because reputable attorneys do not make such phone calls. Of course, there are dishonest attorneys who will do anything. Hang up on them, too! The first step of any con artist is to make the intended prey feel obligated or otherwise motivated to respond. Claiming to be a authority or an "official" is one of the many ploys of con artists. Many people do not realize that real attorneys have no power at all. None! Zip! If they make demands, hang up on them. If you get a court order, however, I suggest you obtain a REAL attorney and have him/her verify the genuineness of the message or document. [Court orders do not come by email or telephone.] It's best to follow your attorney's advice. No response is always the correct response! If the @%^$#& presists, then contact the REAL authorities! Unfortunately, saved messages and bulletins are incriminating evidence which you can use if necessary. However, I repeat, "no response is the correct response." It is sad that there are rotten apples in this World. Fortunately, most "apples" are not rotten. My guess is that your "attorney" is no attorney at all and has visited this bulletin board many times and possibly posted a few bulletins as well. Bob D.
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