defamation of character....if taken t...

defamation of character....if taken to court , they can trace your email ipp

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SHUT DOWN

United States

#1 Oct 12, 2009
I offer you peace. I offer you love. I offer you friendship. I see your beauty. I hear your need. I feel your feelings. My wisdom flows from the Highest Source. I salute that Source in you. Let us work together for unity and love.....unity and love.”Mahatma Gandhi”
In law, defamation–also called calumny, libel (for written words), slander (for spoken words), and vilification–is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. It is usually, but not always,[1] a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
Are there defenses to defamation?
There are several defenses that will defeat a defamation claim. As mentioned above, consent is one; truth is another. And certain persons and proceedings (such as a judge in his or her courtroom, witnesses testifying about a relevant issue in a case, and certain communications by legislators) are said to be privileged. They are protected from defamation claims
In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."[2]
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being."[3] If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.[3]
Contents
Many states have so-called retraction statutes, which enable media defendants to retract, or take back, defamatory statements. Many retraction statutes merely limit a defendant's liability. Some statutes, for example, prevent a plaintiff from recovering punitive damages if the defendant properly retracts the statement. Sometimes, defendants can put forth a libel-proof-plaintiff defense. This defense revolves around a plaintiff who has no claim to a good reputation

Since: Nov 07

Memphis, TN

#2 Oct 12, 2009
SHUT DOWN wrote:
I offer you peace. I offer you love. I offer you friendship. I see your beauty. I hear your need. I feel your feelings. My wisdom flows from the Highest Source. I salute that Source in you. Let us work together for unity and love.....unity and love.”Mahatma Gandhi”
In law, defamation–also called calumny, libel (for written words), slander (for spoken words), and vilification–is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. It is usually, but not always,[1] a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
Are there defenses to defamation?
There are several defenses that will defeat a defamation claim. As mentioned above, consent is one; truth is another. And certain persons and proceedings (such as a judge in his or her courtroom, witnesses testifying about a relevant issue in a case, and certain communications by legislators) are said to be privileged. They are protected from defamation claims
In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."[2]
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being."[3] If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.[3]
Contents
Many states have so-called retraction statutes, which enable media defendants to retract, or take back, defamatory statements. Many retraction statutes merely limit a defendant's liability. Some statutes, for example, prevent a plaintiff from recovering punitive damages if the defendant properly retracts the statement. Sometimes, defendants can put forth a libel-proof-plaintiff defense. This defense revolves around a plaintiff who has no claim to a good reputation
Number one is that defamation is a civil claim and not criminal, therefore the plantiff must pay an attorney upfront; which most people can't afford anyway. Second, the best defense to defamation is to prove that what you said is true.
SHUT DOWN

United States

#3 Oct 12, 2009
WE ARE TRULY SHOWING EVERYONE HOW IGNORANT BLYTHEVILLE PEOPLE TRULY ARE....
how

United States

#4 Oct 12, 2009
i didn't even have to enter an e;mail so what are you talkin about these people don't have to sho an email i'm not one of the foolish ones that be on here because i myself think this sit should beclosed down its going to get someone hurt and just make the community worse than what it already is

Since: Nov 07

Memphis, TN

#5 Oct 12, 2009
SHUT DOWN wrote:
WE ARE TRULY SHOWING EVERYONE HOW IGNORANT BLYTHEVILLE PEOPLE TRULY ARE....
Maybe so, but just because we don't like what's being stated here doesn't mean we have any right to stop or shut down anything.
SHUT DOWN

United States

#6 Oct 12, 2009
Your IPP address on your computer can be traced, and if someone were to take you to court, all they would have to do is follow the link in which to find you. All computers leave a trace of everything you do, this is how people hack computer everyday! If something malicious or bad were to happen due to salander or defamation, it would be no problem for the police or even the FBI to contact the owner of this site and trace back all users!!! Your computer is a great thing, until someone gets hurt!!! YOUR POSTING TO A PUBLIC SITE, YOU NEVER KNOW THE TYPE OF SOFTWARE(SPYWARE) CONNECTED TO IT.. YOU DON'T PUNCH IN EMAIL ADDRESSES AT WORK EITHER, BUT THE COMPANY CAN STILL TRACK YOUR EVERY MOVE!!!THINK FIRST THEN REACT!!
guest

Pacifica, CA

#8 Oct 12, 2009
If your internet service provider is AT&T, you were given an email address when you downloaded your modem. It's not hard to trace an IPP address. I know someone who had some bad things written about them on topix, and the moderator told them the area from which the post was made. Surely if they know what area you are in, they know the exact address from which you are posting. Unfortunately, your words are probably falling on deaf ears because this kind of behavior has been going on for a long time and nobody has done anything about it. I guess it's like any other product; we demand it so they supply it, which doesn't say alot about us.
how

United States

#9 Oct 12, 2009
yeah but the crazy thing is when i wanted to get a hold of the person who operated this site to have a thread of me took off i went to the police station, the city council, the mayors office and even to the newspapers and noone knew who started it or how to find out they all just acted like big dummies
Shoots and Ladders

United States

#10 Oct 12, 2009
Ok yea that may happen but very doubtful.One word proxy, zombie, public computers such as schools, libraries, and public access internet.

Since: Nov 07

Memphis, TN

#11 Oct 12, 2009
SHUT DOWN wrote:
Your IPP address on your computer can be traced, and if someone were to take you to court, all they would have to do is follow the link in which to find you. All computers leave a trace of everything you do, this is how people hack computer everyday! If something malicious or bad were to happen due to salander or defamation, it would be no problem for the police or even the FBI to contact the owner of this site and trace back all users!!! Your computer is a great thing, until someone gets hurt!!! YOUR POSTING TO A PUBLIC SITE, YOU NEVER KNOW THE TYPE OF SOFTWARE(SPYWARE) CONNECTED TO IT.. YOU DON'T PUNCH IN EMAIL ADDRESSES AT WORK EITHER, BUT THE COMPANY CAN STILL TRACK YOUR EVERY MOVE!!!THINK FIRST THEN REACT!!
Why would the FBI or any government entity be interested in someone posting gossip on this site? Also, if you don't work for the administrators of this site then you can't access anybody's IP(internet protocol) or ISP(internet service provider) anyway. Why are you wasting your time with these useless threats that isn't going to stop anyone from posting what they want?

Since: Oct 09

The Final Layer

#12 Oct 12, 2009
What a pack of crybabies you are.
guest

Pacifica, CA

#13 Oct 12, 2009
how wrote:
yeah but the crazy thing is when i wanted to get a hold of the person who operated this site to have a thread of me took off i went to the police station, the city council, the mayors office and even to the newspapers and noone knew who started it or how to find out they all just acted like big dummies
Just because they won't tell you, doesn't mean they don't know. I would think they could be held liable if the told you the name of the person who posted something about you and you went out and did something to that person. I heard you can pay to have things removed, but why would you do that since they can post again?
SHUT DOWN

United States

#14 Oct 12, 2009
Keep trying someone knows, even if you have to go to a higher power...contact the news stations.. memphis/ jonesboro/ little rock! Someone knows something! Contact the site manager by sending feedback emails!! This garbage needs to be shut down!!
yea

United States

#15 Oct 12, 2009
yeah but ididn't want them to tell me who posted it only to tell me how to get in contact with the topix moderater so i could discuss all this mess and put in a complaint and they couldn't even tell me who started the whole blytheville topix forum nobody knew

Since: Oct 09

The Final Layer

#16 Oct 12, 2009
SHUT DOWN wrote:
Keep trying someone knows, even if you have to go to a higher power...contact the news stations.. memphis/ jonesboro/ little rock! Someone knows something! Contact the site manager by sending feedback emails!! This garbage needs to be shut down!!
I know someone that knows something. He's at the bottom of a wood chipper. You should go ask him.
SHUT DOWN

United States

#17 Oct 12, 2009
yea wrote:
yeah but ididn't want them to tell me who posted it only to tell me how to get in contact with the topix moderater so i could discuss all this mess and put in a complaint and they couldn't even tell me who started the whole blytheville topix forum nobody knew
that's bull someone has too know....at this point my hands are tied I will however check into the situation. I know a couple of people that may be able to help!!
SHUT DOWN

United States

#18 Oct 12, 2009
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BILL

United States

#19 Oct 12, 2009
JONESBORO, AR (KAIT)

"Sticks and stones may break my bones but words will never hurt me."

Who ever came up with that slogan never dreamed of the internet and what could be said about them on a community blog. They're popping up all over the web and it seems people are flooding the net to post and read them, and some of the posts are down right cruel.

So what do you do when something terrible and untrue has been posted about you on a website?

Private attorney Bill Bristow says you may be able to take them to court.

"If you say something about somebody that is not true and it is damaging to them then they have a private cause of action to go before a jury and ask that a judgement be assessed against you. Because it is intentional and malicious, a jury could award punitive damages to punish that person for saying those things."

But the biggest problem many face when trying to file a lawsuit is the damaging words are posted by someone using anonymous as their username.

KAIT's Internet Producer, Stan Morris explains what happens when you post on a community blog.

"People who are making posts anonymously aren't really guaranteed that it's truly anonymous. The way it works, is that every time someone makes a post on any website, it's coupled with a unique IP address, and that IP address is specifically linked to a person, an organization, or a business."

Some blogs list the IP address publically but all of them log it. That means in the case of a supoena or even official request, one can be tracked down. Depending on the owner or manager of the blog, the request might be honored even for a private citizen.

"Somebody could require you to get a court order, but in most cases, blog administrators will cooperate."

And once you have the IP address, tracing it isn't that difficult.

"It's as easy as going to a search engine, typing in IP lookup and then putting in the IP number. When there is only one computer hooked up to a certain internet connection, then it is traced back to the individual."

An individual who thought they were anonymous.

Attorney Bill Bristow says it could mean jail time.

"You could be incarcerated for something you meant as a joke."

He explains that once you find out who posted the comments, there is a procedure to file the law suit, but it is expensive and time consuming.

"Doing something like this is considered intentional by nature, so it is not covered by insurance. Could you collect and the question of do those lawsuits ever get filed, but in theory it could be a substantial lawsuit.", Bristow.
BILL

United States

#20 Oct 12, 2009
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BILL

United States

#21 Oct 12, 2009
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