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I prefer “kook”.
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I prefer "kook".
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On the heels of our discussion on insult vs libel in the post "What's Next? Part II: lawyers can be discriminated against" (which has gone on to that great retirement place at FHB), is a demonstration of same. It seems that an individual started a web site which vented a certain amount of dislike for the current practices of Mac Tools. In addition to his own statements condemning Mac Tools' current practices, the web site owner posted comments from readers of his site and copied comments he found from other tool discussion boards.
It seems that Stanley Tools, the owner of Mac Tools, is now suing the owner of the web site for $15 million on a "Schedule of Defamatory Statements". For those of you who enjoy reading legal boiler plate, the web site posts the entire document that was served. It is at:
http://www.mactools.ab.ca/
I would guess that receiving a document such as this specifying $15 million could definitely get your attention...
I haven't bothered to see where this fits into the framework Andrewd gave for determining libel, but since the web site is Canadian, I assume that they play the game somewhat differently up there. My guess, however, is that if you want to insult someone on the web, you should probably do it on the U.S. side of the border.
*Generally these suits don't seem very bright. Now all kinds of people like me are going to hear the rumor that there's a possible problem with Mac Tools, far more that would have otherwise. Has the nut with a Web site really cost them $15 million??? What are they afraid of? :)They haven't scared McNeil off, and as a fellow Scot, I can tell you they've picked on the wrong guy!