Moderators and/or Baldrick,
This just appeared in my PM box. It is from a member calling himself 'LordSmurfinTraining' and it is still in my Inbox.
Originally Posted by LordSmurfinTraining
Mr. Hanff, you have no idea who you are dealing with here. I strongly suggest you stop this nonsense.
Closed Thread
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You don't scare me, Mr. Hanff.
I've stared down the barrel of a loaded gun before. You threatening me with lawsuits doesn't even phase me, especially considering your behavior right now.
Just keep sending the PMs. The evidence against you is building rapidly. Please don't be shy, the person now over my right shoulder is a deputy sheriff with Navajo County and a liasion to the FBI office in Pinetop.
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That's what I hate about the internet. It is a great way for computer tough guys to live out their "hardass" fantasies in safety. When in reality, had this conversation taken place anywhere but 1000's of miles apart NG would have gotten "You really are a ******* re......." out of his mouth before he started loosing teeth.
No worries Indo. If you do get sued and you do lose everything, as long as I can come with you, I'll pass the hat, I'll raise the money and we'll get to England so you can get your money's worth.
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So, Mr. Hanff, how are things at 216.21.228.13?
First off, I thought you didn't like Ritek media. So why are you considering carrying it? Are you looking to diversify, or did the threat of legal action by Ritek convince you that it isn't wise to proclaim superiority without providing evidence to back your claim.
You know, I'm disappointed in you. I really believed that you were an IT-type guy, but you're nowhere to be found here. Real IT guys know how to utilize Port 8717 for their own purposes. Don't you?
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GuestGuest
first of all WTF-What kinda lawsuit is being considered? Stupid as hell threat
Next, baby,baby,baby----/Did u get your feelings hurt?heh,heh
Sue me too *******. I'll testify against myself
Ng supplies Al-Quaida with free media
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Maybe it's just me but I would think someone who has been in the "IT" business his whole life would be able to track you down no problem.
I tracked someone down who was sending me some stuff, and they kept sending it even after I told them I was not who they thought and to please stop sending it to me. It's not that difficult
I don't think Libel as he has it in this situation is applicable in a US Courtroom. I've been here before,I wish I could find my court papers
but it's been a while. In order for libel to apply in such a case, the accuser would have to show evidence that the offender made extra-ordinary efforts to intentionally damage the business. For example, if you were going to several BBoards and bad mouthing the media, if you hacked his site and caused damage to it. It is also important as to your position of power. If you are say Bill Gates and came out and bad mouthed, then the rules apply a little different because of your position and the number of people who will listen to you.
Also per his comments of harassment to his company. He would have to show how this is harassment rather than complaints or legitimate questions.
I think he needs to offer a rebate on his discs, get me to buy them and then try to stiff me on the rebate...he will have a whole new concept of "harassment".
Harassment dear genius is not what you have been receiving. If it's by email, then you don't have to open and read the email dumbass, just delete it.
Also the case of libel would be assited if you had something to gain by people not buying from his company. Since you do not...that is actually a liability to his case.
So basically, it's your opinion and it is a common opinion and he is just going to have to get over it.
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GuestGuestOriginally Posted by indolikaa
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Originally Posted by Dr.Gee
:P
(Oh was that bad...)
Well, I'm thoroughly disappointed. I was just informed by FOX News Channel that my request to have this thread included in the O'Reilley Factor was answered with an automated response. I guess I'll have to wait until tomorrow to see if they can schedule me and Mr. Hanff on The Factor.
I wonder how busy CNN is right now...
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What is Libel?
Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in written or other permanent form, while slander refers to oral statements and gestures. The term defamation is often used to encompass both libel and slander.
In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.
The statement(s) alleged to be defamatory must have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.
The statement(s) alleged to be defamatory must also be a false statement of fact. Since name-calling, hyperbole, or exaggerated and heated words cannot be proven true or false, they cannot be the subject of a libel or slander claim.
The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In general, in most jurisdictions private individuals must show only that the defendant was negligent, that he failed to act with due care in the situation.
A defamation claim will likely fail if any of these elements are not met.
While on many of these issues the burden of proof is on the plaintiff, the primary defenses to a defamation claim are that the statements are true, are not statements of fact, or are privileged. Some defamatory statements may be protected by privilege, meaning that in certain circumstances the interest in communicating a statement outweighs the interest in protecting reputation. For example, most, if not all, jurisdictions recognize a privilege for fair reports of government and judicial proceedings, and for reports of misconduct to the proper authorities or to those who share a common interest (such as within a family or an association). Privileges do vary somewhat from state to state in their scope and requirements. They often apply to non-media defendants to the same degree as to media defendants.
A successful defamation plaintiff may be entitled to a jury award of money damages. In some instances, the plaintiff may also be awarded punitive damages for particularly reprehensible conduct. The parties to the claim are entitled to appeal and cases are carefully scrutinized on review to protect the defendant’s First Amendment rights. (that's freedom of speech Chap)
Defamation claims can be brought by living persons and legal entities such as corporations, unincorporated businesses, associations and unions that are considered "persons" under the law. Governmental entities cannot maintain actions for libel or slander, although a government official can bring suit for statements about the official individually.
Libel and slander are civil claims, but a handful of the states recognize an action for criminal defamation. Prosecutions are rare, especially against the media.
Under the American federal law system, defamation claims are largely governed by state law, subject to the limitations imposed by the free speech and press provisions of the First Amendment to the U.S. Constitution as interpreted and applied by the Supreme Court and other courts. While the elements of defamation are largely identical throughout the country, because defamation is a matter of state law there can be important differences on substantive and procedural details of the claim in the separate jurisdictions. And as a result of the application of First Amendment requirements to the claims, the specific elements as well as the burdens of proof with respect to those elements may be different depending upon whether the plaintiff is a public or private figure, whether the defendant is media or non-media, and the character of the statement(s) at issue.
Just did a little research....by this definition....bring it Naked Geek, no one is skeeered of you or your "law suit". Show how it is libel and not freedom of speechEverything written on this forum is freedom of speech, this is not considered a publication...I don't have time to look up the exact definition of the law, but you can find google can't you?
Problems with you libel claim:
There is no way to show that the statement was true or false. You wouldn't send out any free samples for anyone to test. Several people asked for a few samples, but you wouldn't "GIVE" any out, so they could be tested. You expected educated people to simply take your word for it.
The statements made have to discredit you as a person. No discrediting statements were made by anyone but you. You did a great job of discrediting yourself. I remember that several people suggested that you hire a salesman because you suck at it.
The statement must be published...open internet forums is not considered a publication.
The statements must be shown to be false. Actually, we were wanting samples to make that determination. Since you would not send out samples, determination of fact could not be attained.
Well there are several other holes in your claim, but if you feel the need to sue...make sure you put me on the list. I am Northcat...that is N-o-r-t-h-c-a-t and my IP address is 127.0.0.1 track me.
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Alright! Now I'm really pissed. You **** with Indo and you **** with me. Hell, you **** with all virtually of us!
Stupid ****, Naked Impotent Prick or whatever the **** you call yourself -- why don't you go peddle you shit to some unsuspecting group. We are obviously way too intelligent a crowd for you. Perhaps the folks at other sites are more gullible and are prone to caving into idle threats. You might try mass spamming of AOL subscribers as they would most likely be your ideal "target" audience. Pretty ******* sad when you can blame the fact that your business is tanking on 1 guy or even 1 site. **** off !!
Why not grow some real balls instead your of virtual cyberballs. Ooooh -- I can't afford a real lawyer and I am such a mature, responsible and competent business man that I must litigate as opposed to mount a credible defense. Chickenshit!!
Legal Disclaimer: The above represents my opinion and under the constitution of the United States I am entitled. So Kiss My Ass !!
Clean his clock Indo !!!
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I was just thinking...
I remember making an offer to buy Naked Geek Networks media, test it, and report my results, and offered Mr. Hanff the opportunity to help me correct any problems I might have.
So did Gringo over at fukrulez.com...
Well, I'd better not post THAT image. I might get sued. But I'll keep it on my hard drive, just in case.
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GuestGuestOriginally Posted by northcat_8
I'll bring the Zimas
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OK, British Airways has a direct flight from Phoenix to London Heathrow for about $507 each way. That's good, because I only fly British Airways to Europe, and I only connect through Heathrow Airport.
We get there on Flight 0288 on a 747-400 (Sweet!), kick it around for a day, then return on Flight 0289 (same flight, different direction) the next morning.
I can usually handle a spineless weasel in about 4 minutes, so that would leave a full day of carousing at the local pubs and hangin' out with the local football hooligans singin' "My baby takes the morning train" until the light of early dawn.
We could stay longer, of course, but this is the economy option, and I don't want to cut into my Taiyo Yuden budget this month.
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