[QUOTE=wetwonder;910554]Taai Gihk,
I understand your intuitioin on this, and yours is actually a pretty reasonable argument, but it’s wrong.
First, defamation is not created by statute, it comes from common law. [/QUOTE]
fine, but again, under what jurisdiction does this fall? HW is posting from So. America; Kansuke is, I believe in Asia; the server is in the US; and again, as a practical matter, where would HW even bring the case to trial?
[QUOTE=wetwonder;910554]Second, just by showing, among a few other things, that there was a knowing lie based on some proposed fact that was false will create liability for damages as a matter of law. You don’t have to quantify damages or make any other showing. That falls under the special damages doctrine and is covered in an earlier post. The jury will determine what the money damages should be based on their knowledge and values. [/QUOTE]
and as a practical matter, against whom would they find? Kansuke is also anonymous; does the court have the right to expose his identity in this case? and again, HW would have to reveal his identity to bring suit, so there is really no practical incentive for this;
[QUOTE=wetwonder;910554]Third, the fact that he uses a different name on the forum is not going to effect it. Defamation is tort law, and the point of tort law in to place blame against someone that wrongs another. Hardwork has some type of reputation on the forum, and that’s enough. [/QUOTE]
which reputation? amongst some, it is positive, but amongst most others here it is a negative one; if Kansuke’s accusations fall under the opinion of the majority, what has he done to practically effect HW’s rep.?
[QUOTE=wetwonder;910554]If you were right with your argument, then you’d be saying that the member would not be wronged no matter how many knowing lies are said, even if there’s one done every day, by many people, maliciously. The question is, would a reasonable person feel wronged if subjected to that. If I, for example, put up a post every day claiming your wife or whoever said things to me about you in secret that were very derogatory, wouldn’t you be hurt by that?[/QUOTE]
dude, it’s an internet forum - if I really care about some BS that someone posts about me here, I need to seriously re-evaluate my sense of myself; and remember, one can always turn one’s computer off and get back to reality…
[QUOTE=wetwonder;910554] And if I was knowingly lying, didn’t even know your wife, but made it seem to the community that I did, wouldn’t you feel helpless.[/QUOTE]
no; first, I can post and defend myself; also, an internet forum is somewhat organic: the majority of people here who know me and seem to get along with me, so they would be inclined to believe what I posted as opposed to some noob saying cr@p about my wife; meaning that, the opinions held by others about oneself are typically the result of one’s behavior in general; like any community, one has allies and adversaries; if one is socially appropriate, one will have more of the former and less of the latter;
[QUOTE=wetwonder;910554]You have a right not to suffer that in the American law.[/QUOTE]
again, what if I am posting from another country?