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From: ooblick@eddie.MIT.EDU (Mikki Barry)
Newsgroups: news.sysadmin
Subject: Re: Defending Eric Mading
Message-ID: <7489@eddie.MIT.EDU>
Date: Tue, 24-Nov-87 10:38:44 EST
Article-I.D.: eddie.7489
Posted: Tue Nov 24 10:38:44 1987
Date-Received: Fri, 27-Nov-87 22:00:57 EST
References: <7427@eddie.MIT.EDU> <1853@chinet.UUCP> <7439@eddie.MIT.EDU> <34296@sun.uucp> <7460@eddie.MIT.EDU> <4143@watdcsu.waterloo.edu>
Reply-To: ooblick@eddie.MIT.EDU (Mikki Barry)
Organization: MIT, EE/CS Computer Facilities, Cambridge, MA
Lines: 24

In article <4143@watdcsu.waterloo.edu> magore@watdcsu.waterloo.edu (Mike Gore, Institute Computer Research - ICR) writes:

[Gee, how many kill files have we gotten ourselves into now? [rhetorical...
 of course, nobody would put this in their kill file :-)]]

>	In other words, if there are not yet any cases of someone willfully
>libeling someone on, say a crowded elevator, that you imply it's legal ?! :-)
>[rhetorical, ... no, it may not be that simple]

It would be very difficult to libel someone in a crowded elevator unless
one has a means of writing so that others can see it.

You are missing the point.  The point here is that there are many legal
definitions that have to be met before defamation of character cases can
be won.  It is not as easy as "he called me a sniveling scumdog".  One
must show whether the poster is a public figure within the confines of
this net, simply by posting.  If one is a public figure, actual damages must
be proven, and you must prove that the name caller acted with actual malice.  
Stupidity itself is not actual malice.  And I doubt if you could get a judge
to award you damages for being called a naughty name.

You can't legislate "niceness".

Mikki Barry