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Path: utzoo!mnetor!uunet!husc6!mit-eddie!ll-xn!ames!ptsfa!nonvon!gilsys!mc68020
From: mc68020@gilsys.UUCP (Thomas J Keller)
Newsgroups: news.admin,misc.legal
Subject: Re: Responsibility for postings.
Message-ID: <1137@gilsys.UUCP>
Date: Tue, 13-Oct-87 12:40:37 EDT
Article-I.D.: gilsys.1137
Posted: Tue Oct 13 12:40:37 1987
Date-Received: Fri, 16-Oct-87 06:43:14 EDT
References: <378d6016.b8ab@apollo.uucp> <5261@jade.BERKELEY.EDU> <2050@kitty.UUCP> <1014@looking.UUCP>
Organization: Consequently Computers, Santa Rosa, Ca
Lines: 35
Summary: civil litigation == arbitrary kangaroo courts
Xref: mnetor news.admin:1176 misc.legal:3139

In article <1014@looking.UUCP>, brad@looking.UUCP (Brad Templeton) writes:
> 
> Civil litigation doesn't require such a rigid definition of proof.  Can
> I demonstrate with certainty that <30049@sun.uucp> came from Chuq Von Rospach?
> No.  But if, within the next couple of weeks, I don't see an article from
> him claiming, "hey, somebody posted something with my name that I didn't say!",
> then it is extremely likely that he posted it.

   Is it really?  With in excess of 280 newsgroups on USENET at present, can
you clearly conclude that the failure of a party to disclaim a forgery of which
s/he may be completely unaware constitutes evidence of ANY kind?  I should think
not.

> 
> If there were a forgery, you would have to show the court why you didn't point
> it out until you were served with the suit.  

    On the contrary, it is only necessary to introduce expert testamony to the
effect that such forgeries are easy, and that the techniques for same are well
known.  It then rests upon the plaintiff to PROVE that the defendant indeed 
made the posting(s) in question, something you cannot do easily.

>                                              The court might believe you and
> they might not, but it's up to them.  The principle of reasonable doubt does
> not apply in civil litigation.

   As usual, Mr. Templeton, you have it *ALMOST* right...what doesn't apply in
civil litigation is REASON, of any sort.  The number of outrageous, ridiculous
and outright hilarious decisions that come out of the civil courts is sometimes
beyond belief.

-- 
Tom Keller 
VOICE  : + 1 707 575 9493
UUCP   : {ihnp4,ames,sun,amdahl,lll-crg,pyramid}!ptsfa!gilsys!mc68020