Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.1 6/24/83; site burl.UUCP
Path: utzoo!linus!decvax!harpo!gummo!whuxlb!pyuxll!eisx!npoiv!npois!hogpc!houxm!hocda!spanky!burl!rcj
From: rcj@burl.UUCP
Newsgroups: net.followup
Subject: Re: Slander and Liable
Message-ID: <259@burl.UUCP>
Date: Sun, 7-Aug-83 13:40:09 EDT
Article-I.D.: burl.259
Posted: Sun Aug  7 13:40:09 1983
Date-Received: Mon, 8-Aug-83 13:26:38 EDT
References: <2271@ncsu.UUCP>
Organization: Western Electric, Burlington, NC
Lines: 57

A few points regarding electronic slander &/or libel:

a) I am not aware of *ANY* cases that have been successfully prosecuted;
   is anyone else?  If so, please drop me a line via elec. mail at the
   address below -- Thanks.

b) You cannot be prosecuted for tearing a company to ribbons if you follow
   a few simple guidelines:
	1) Always leave the slightest bit of doubt somewhere that it might
	   have been your fault after all -- don't say "The WORMCO Frammin
	   would not address memory properly"; say rather that "I was
	   unable to make the the WORMCO Frammin address memory properly".
	2) It is INsufficient to state damning facts -- when you are
	   hauled into court you had better have some sort of documentation
	   (the solid kind) to back up your claims.
	3) ALWAYS contact the company in question with your problem and
	   keep records of such contacts BEFORE you electronically fry
	   them -- courts tend to frown severely when the company whines
	   that they were not informed of the problem before they were
	   libeled and you hem and haw...
	4) It is usually much safer if you bypass intermediate bureaucrats
	   in the offending company and talk to someone at the top;
	   informing that person that you are dissatisfied with both the
	   product/service and with how his company is handling the matter.
	   Then, if you get no satisfaction; use your local newspaper's
	   ACTION* column or even the courts to get justice -- sue them
	   for "business malpractice" before they can sue you for libel.

*ACTION:  Many decent-sized newspapers have columns that you can call or
write to with the "I sent them the money 3 months ago and they won't even
answer my letters" type of complaints -- these columns will call the
company in question and usually get very good and very fast results.

c) Electronic mail can be forged, as I am sure everyone reading knows.
   Even so, this is not a sure out if you have bitched to 15 people over
   lunch about the rotten Frammin you are stuck with -- be careful.
 
d) Lastly, it is great to be self-righteous; but why put yourself in
   any danger at all when it is unnecessary.  If you want to warn others,
   that is good -- but with the USENET set up the way it is, it is
   usually sufficient to post an article saying:
	My Frammin will not address memory properly; what am I doing wrong?
	Please reply via the net.
   and you will be amazed at the number of people who will reply (if the
   product is genuinely rotten) with things like:
	You aren't doing anything wrong; my Frammin don't work either!!
   Now, you have stirred up the anthill under the company's offices without
   leaving your footprints along the walkway.  And hopefully had fun doing
   it!!

Comments, criticisms, and phone-numbers/addresses of intelligent, charming
women are welcomed,
:-)
-- 

The MAD Programmer -- 919-228-3814 (Cornet 291)
alias: Curtis Jackson	...![ floyd sb1 mhuxv ]!burl!rcj