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From: dlm@cuuxb.ATT.COM (Dennis L. Mumaugh)
Newsgroups: news.admin,misc.legal,soc.women
Subject: Re: Mark Ethan Smith: For real?
Message-ID: <1342@cuuxb.ATT.COM>
Date: Tue, 6-Oct-87 18:14:32 EDT
Article-I.D.: cuuxb.1342
Posted: Tue Oct  6 18:14:32 1987
Date-Received: Sun, 11-Oct-87 14:14:41 EDT
References: <378d6016.b8ab@apollo.uucp> <5261@jade.BERKELEY.EDU>
Reply-To: dlm@cuuxb.UUCP (Dennis L. Mumaugh)
Organization: ATT Data Systems Divison, Lisle, Ill.
Lines: 40
Keywords: chill out everybody
Summary: Libel and slander require damage
Xref: mnetor news.admin:1143 misc.legal:3061 soc.women:7646

This whole argument is getting a bit amusing. (Just  a  bit,  not
much).  People  are talking about libel and slander and law suits
and ....

Please remember one major thing.  Libel and slander MUST  involve
damage to one's reputation and must be monetary in nature.

Law cases have  shown  that  a  "libel"  isn't  such  if  NO  ONE
seriously  would  believe  that  the  statement  is  to  be taken
seriously.  Not that the  court  will  accept  the  "I  was  only
joking"  defense  very often but I seriously doubt that screaming
"!!!!!!" during a shouting match would get too much attention.

Also even if it is taken seriously, damage must  be  shown.  Pain
and  suffering,  loss  of  business, damage to one's professional
reputation (to the degree it affects employability), etc  and  so
forth.   To   some   degree  this  must  include  the  degree  of
publication and the nature of readers.

AFTER you explain to the judge and jury about  the  esoterics  of
computer  bulletin  boards, mailing lists and stuff, then explain
what a flaming match is.  After explaining  some  of  the  USENET
classics  which  did  cause  damage (were there any?) explain why
this particular situation is worthy of the court's attention.

Also, which court?  By law the suit can be brought in the  courts
of  either  the  plaintiff's or defendant's legal residence or in
ANY  place  the  libel  appeared   (Australia,   Europe,   Canada
perhaps?).  By  the  way don't forget to have the full legal name
and address of all participants.

By now you should have had second thoughts about the whole thing.

MORAL: don't accuse some one of libel or slander unless something
more important than your ego is hurt.  Don't talk about any flame
on USENET as libel unless you are  serious.  Otherwise  it  is  a
waste of our time, communications bandwidth and money.
-- 
=Dennis L. Mumaugh
 Lisle, IL       ...!{ihnp4,cbosgd,lll-crg}!cuuxb!dlm