[Asterisk-biz] some things that really suck in customer support

[trixter aka Bret McDanel]

On Mon, 2005-11-07 at 00:03 -0500, Jeremy McNamara wrote:
> Steve Totaro wrote:
> 
> >Hit a nerve did I?  Basically I was just letting you know what other's are
> >saying for your own benefit.  Quoting someone else and adding the statement
> >that I do not know if it is true or not is not slander.  Do what you have to
> >and I will do what I have to as well.
> >
> >  
> >
> 
> Go read the statute, paying attention to the parts detailing "Blatant 
> disregard" 
> 

legally its not slander no matter what was in the email.  slander is
spoken, libel is written.  Further the disclaimer that he was repeating
what others said and that he didnt know if it was true, can become the
basis of an affirmative defense if he can show that others did infact
say that.  You may not even be able to go after the others if it was
said in private (you cant slander/libel someone in a private
conversation *generally* speaking).

You spoke of reading a statute, which one?  Federal or some state?  If
federal which court would you file in?  You may want to read
http://www.valleyadvocate.com/gbase/News/content.html?oid=oid:768 if you
think you can file locally.  The courts are divided on this issue but
basically the old style law was:


To sue someone from out of state in federal court, a plaintiff has to
show the defendant has sufficient contact with the jurisdiction in which
the suit is filed. Traditionally, that meant establishing a physical
presence -- setting up an office, owning property -- or doing or
soliciting business there.


The internet changed that requirement, see the small claims court
filings against paypal (because paypal effectively does business
anywhere its customers are, their banks are, etc they are allowed to go
forward).  This email list would potentially not be viewed the same and
as such it could be a problem to even file locally.


It could be quite costly to do anything with the lawyer, far more than
its worth.


-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
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