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Literary Agent Sues Sites for Ruining Her Reputation

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Dick Stodghill
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Wed Jul 02, 2008 10:22 pm
The suit against the other defendants is still in effect. Only Wikipedia is off the hook because people other than the site operator post there.
As a reporter I covered the criminal and civil courts in two states for many years. It taught me a lot about libel, slander and the best method of robbing banks. If you defame a person you better have documented proof or you likely will lose in court.
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lin
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Thu Jul 03, 2008 12:51 am
Sometimes "third party poster" plea won't protect you. If it's something really awful, the idea is that you should remove it.

You should see what defamation is like in Mexico. It's a FELONY for one thing. Not a tort, a crime punishable by prison terms.
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lin
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Thu Jul 03, 2008 12:54 am
I'm not splitting hairs... the split is already there. "Defamatory" is legally actionable, "derogatory" get down to manners and opinion and is not a crime or tort.

Personally, I think "dumb" is a lot lighter thing to be heaped on one's head than "unethical" or "crooked".

But calling somebody dumb is in no way legally actionable. Not in the US, at any rate. I understand manners are better in the UK :-)
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lin
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Thu Jul 03, 2008 3:06 am
Incidentally... I never heard of this person until she started these complaints and lawsuits.

Which have now brought her name--in an unfavorable light--in front of hundreds of thousands of writers and publishers.

It's hard to imagine anything a wikipedia article could have done to do her rep more harmful that what she did herself.

Now I'm not going to say "dumb", but....
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Shelagh
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Thu Jul 03, 2008 7:56 am
Why are you being so pedantic? That's a rhetorical question by the way. I did distinguish between derogatory and defamatory. I emboldened the text so that you wouldn't argue with me but you still did:

Shelagh wrote:
Quote:
... Miss Snark is not anonymous. Miss Snark is pseudonymous. ...

Stating the truth does not allow anyone to use derogatory remarks. The court won't be deciding on who told the truth and will concentrate on who lied.

e.g.

If someone wrote that a company was swindling people by overcharging and this was true and proved to be true then the company has no grounds to sue.

If someone wrote that a company was swindling people by overcharging and this was true and proved to be true and also wrote that the company made claims which the company didn't in fact make, and could prove that they did not make any false claims, then the company could sue for libel. Not for the truth that was told but for the lies that were printed.

As far as this particular case is concerned, it would be in the best interests of the forum to watch from the sidelines and not post anything defamatory to any of the parties involved.

The law of libel:

http://martlet.ca/view.php?aid=38733&f_iid=9454

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lin
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Thu Jul 03, 2008 2:57 pm
Why are you worrying at this so much and giving me such a hard time?

There's a big diference between derogatory and defamatory... your statement that telling the truth is no excuse for saying things somebody might not like is an anathema to anybody who's ever worked in journalism and your tone to me has been extremely negative.

What are you trying to accomplish here? Get the feeling it might be over if you would stop being insulting?
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Shelagh
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Thu Jul 03, 2008 4:23 pm
Quote:
derogatory [dir-rog-a-tree] Adjective
expressing or showing a low opinion of someone or something

hc_dict()


Collins Essential English Dictionary 2nd Edition 2006 © HarperCollins Publishers 2004, 2006ThesaurusLegend: Synonyms Related Words Antonyms

Adj.1.derogatory - expressive of low opinion; "derogatory comments"; "disparaging remarks about the new house" derogative, disparaging
uncomplimentary - tending to (or intended to) detract or disparage

wn()
Based on WordNet 3.0, Farlex clipart collection. © 2003-2008 Princeton University, Farlex Inc.
derogatory adjective disparaging, damaging, offensive, slighting, detracting, belittling, unfavourable, unflattering, dishonouring, defamatory, injurious, discreditable, uncomplimentary, depreciative << OPPOSITE complimentary

hc_thes()


Collins Essential Thesaurus 2nd Edition 2006 © HarperCollins Publishers 2005, 2006



Quote:

def·a·ma·tion
play_w2("D0089300")


 (df-mshn) n. The act of defaming; calumny.

de·fama·tory (d-fm-tôr, -tr) adj.

hm()


The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2003. Published by Houghton Mifflin Company. All rights reserved.ThesaurusLegend: Synonyms Related Words Antonyms

Noun1.defamation - a false accusation of an offense or a malicious misrepresentation of someone's words or actions calumniation, calumny, hatchet job, traducement, obloquy
derogation, disparagement, depreciation - a communication that belittles somebody or something

assassination, blackwash, character assassination - an attack intended to ruin someone's reputation

malignment, smear, vilification - slanderous defamation

libel - a false and malicious publication printed for the purpose of defaming a living person

slander - words falsely spoken that damage the reputation of another

name calling, names - verbal abuse; a crude substitute for argument; "sticks and stones may break my bones but names can never hurt me"

epithet, name - a defamatory or abusive word or phrase
2.defamation - an abusive attack on a person's character or good name aspersion, calumny, denigration, slander
attack - strong criticism; "he published an unexpected attack on my work"

wn()
Based on WordNet 3.0, Farlex clipart collection. © 2003-2008 Princeton University, Farlex Inc.

Whichever way you look at it, they mean the same.
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Malcolm
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Fri Jul 04, 2008 5:25 pm
For anyone interested in reading the court papers and other information about the case, the web site for the Citizen Media Law Project has a page set up for Bauer v. Wikipedia at http://www.citmedialaw.org/threats/bauer-v-wikimedia

There are many other interesting links and reoureces on the site as well.

Malcolm
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Brenda Hill
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 7:17 pm
I see the difference between degrogatory and defamation. Actually, I think the term pedantic could be considered degrogatory by some people.
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Shelagh
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 7:41 pm
"...a rose by any other name..." I think the bard knew that it wasn't the barbed comments that hurt the most; it's the unsaid words. We have a tendency to read too much into them.

"Nothing is as peevish and pedantic as men's judgments of one another." — Desiderius Erasmus (1469-1536)
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Brenda Hill
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 7:46 pm
Shelagh wrote:
"...a rose by any other name..."



"To each his own . . ."
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Shelagh
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 7:52 pm
To Each His Own

Words & Music by:
Jay Livingston & Ray Evans

A rose must remain with the sun and the rain
Or its lovely promise won't come true
To each his own, to each his own
And my own is you

What good is a song if the words just don't belong?
And a dream must be a dream for two
No good alone, to each his own
For me there's you

If a flame is to grow there must be a glow
To open each door there's a key
I need you, I know, I can't let you go
Your touch means too much to me

Two lips must insist on two more to be kissed
Or they'll never know what love can do
To each his own, I've found my own
One and only you
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Brenda Hill
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 7:58 pm
I remember slow-dancing to that beautiful old song. Of course that was back in the dinosaur age.
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lin
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 9:42 pm
I think the term pedantic could be considered degrogatory by some people.

I would to, but all my comments get deleted, while the moderator's stay posted so you probably won't read this.
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PostSubject: Re: Literary Agent Sues Sites for Ruining Her Reputation   Sat Jul 12, 2008 9:53 pm
I read it.
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