NorthwestFresh said:
UMGriz75 just destroyed his entire credibility as a "legal expert". :lol:
Defamation is the communication of a false claim or statement of fact about another person that harms his or her reputation. This statement does not need to be made to a large group of people; you can be liable even if you make the statement to just one other person (other than the person the statement is about). There are two types of defamation. The first is libel or written defamation, including things written on Internet websites, blogs and message boards. The second is slander or spoken defamation.
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What a joke.
Well, you are just a genius aren't you? A real scholar. If you practiced in this area of law, you would know that the Digital Millenium Copyright Act has, for instance, defined "transitory" communications as those stored on servers, so as to exempt passive storage as a slander. Is a spoken message "published" or "broadcast" on YouTube and does it then qualify as a "slander" or a "libel"?
Even a slander must be "communicated" and "transitory media" as defined under the Federal Act appears to consider that "slander" encompasses digital communications which are not permanently published and distributed and in fact utilize broadcasting technology, not publication technology. The distinction is now somewhat arcane because of these changes as pointed out by one expert in the field:
"Newer technologies, particularly online media, have created legally fuzzy areas regarding the distinction between libel and slander. Take online chats, for example. They are clearly broadcast via a mass medium, and they are also clearly written forms of communication, so any defamatory statements that take place through online chats can be considered libelous. But the actual mode of communication in online chatting is most similar to a face-to-face conversation or phone call, which would only qualify as slander if such communications were published or broadcast. Court decisions may one day help form the legal definitions of defamation on this shaky ground, but so far, they have not."
The concept of "transitory" appears to be controlling; even emails cannot be "disappeared" whereas comments on a forum like this are the very definition of "transitory" and may not be here tomorrow; which hardly qualifies as "published," which implies a permanent communication.
So, I use the word "slander" advisedly and with some thought to its meaning. You can disagree all you want; but I used it with a specific eye to federal legislation and the likely evolution of the law in that regard.
I am sure that this is all a nice distraction from the fact that you made a false accusation on this thread, was expose for it, and can't seem to "man up" enough to just simply say you were wrong.
It is interesting to me how those who are negative to JJ's position in this overall tragedy are willing to resort to all sorts of tactics to derail direct conversation and discussion of the merits of the case so far available in the public record.