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Woman sues for being called a whore on youtube


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Ice2SeeYou
Title: Sexual Tyrannosaurus
Joined: Sep 28 2008
Location: South of Heaven
PostPosted: Aug 18 2010 01:53 pm Reply with quote Back to top

http://news.ninemsn.com.au/world/7947127/woman-takes-legal-action-against-youtube-user

*sigh*

Mental anguish my balls. Welcome to teh internetz


Sydlexia.com - Where miserable bastards meet to call each other retards.
 
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aeonic
Title: Sporadic Poster
Joined: Nov 19 2009
Location: Kissimmee, FL
PostPosted: Aug 18 2010 02:03 pm Reply with quote Back to top

What a whore and a useless waste of court time. I'd like to punch that whore in her whorey face.


Who likes role-playing games? Me. Way too goddamn much.
 
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Sehkmaenzo
Joined: Jun 29 2010
PostPosted: Aug 18 2010 02:05 pm Reply with quote Back to top

*BREAKING NEWS*
Woman sues Aeonic for being called a whore on a forum. No one gives a shit.

Back to you!
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Valdronius
Moderator
Title: SydLexia COO
Joined: Aug 22 2005
Location: The Great White North
PostPosted: Aug 18 2010 02:05 pm Reply with quote Back to top

Once 4chan gets a hold of this, she's going to be called a lot worse.


Klimbatize wrote:
A Hispanic dude living in Arizona knows a lot of Latinas? That's fucking odd.

 
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The Opponent
Title: Forum Battle WINNER
Joined: Feb 24 2010
Location: The Danger Zone
PostPosted: Aug 18 2010 02:10 pm Reply with quote Back to top

I love how anyone thinks they can sue for hurt feelings. Pain & suffering, yes; emotional distress, no.


I'm not a bad enough dude, but I am an edgy little shit. I'll do what I can.
 
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
PostPosted: Aug 18 2010 03:45 pm Reply with quote Back to top

Syd better change his comment about Sarah! Laughing



 
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mechafuhrer
Title: General jackass
Joined: Jul 29 2010
PostPosted: Aug 18 2010 04:54 pm Reply with quote Back to top

Sheesh, woman, it's the internet. You can bitch, but you won't be rewarded.


Mickey mouse will consume you.
 
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Aug 18 2010 05:12 pm Reply with quote Back to top

What makes you people it's okay to slander someone just because it's on the internet?
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mechafuhrer
Title: General jackass
Joined: Jul 29 2010
PostPosted: Aug 18 2010 05:16 pm Reply with quote Back to top

Quote:
What makes you people think it's okay to slander someone just because it's on the internet?
You don't have to worry about getting kicked in the groin Razz


Mickey mouse will consume you.
 
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JonSnow
Joined: Nov 03 2006
PostPosted: Aug 18 2010 05:21 pm Reply with quote Back to top

Quote:
What makes you people it's okay to slander someone just because it's on the internet?


I'd have to see the video to be sure, but by in large it'd have to be pretty extreme for me to think a lawsuit is justified. You'd have to establish an intent to emotionally wound this woman or hurt her social/business life, or of obvious negligence... as opposed to just a non-chalant stating of their opinion that said woman is being a whore/bitch whatever they said.


The One Truth Will Prevail
Brawl Code: 1805-1876-7506
 
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aeonic
Title: Sporadic Poster
Joined: Nov 19 2009
Location: Kissimmee, FL
PostPosted: Aug 18 2010 05:31 pm Reply with quote Back to top

mechafuhrer wrote:
Quote:
What makes you people think it's okay to slander someone just because it's on the internet?
You don't have to worry about getting kicked in the groin Razz

Technically it's libel.


Who likes role-playing games? Me. Way too goddamn much.
 
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Aug 18 2010 05:59 pm Reply with quote Back to top

JonSnow wrote:
Quote:
What makes you people it's okay to slander someone just because it's on the internet?

I'd have to see the video to be sure, but by in large it'd have to be pretty extreme for me to think a lawsuit is justified. You'd have to establish an intent to emotionally wound this woman or hurt her social/business life, or of obvious negligence... as opposed to just a non-chalant stating of their opinion that said woman is being a whore/bitch whatever they said.

Intent isn't required, unless it's a celebrity. The defamatory speech simply needs to be public, published, and damaging to her reputation (calling someone a whore is considered defaming someone). It's up to a jury or judge to decide the facts of the case, but a lawsuit can be justified.

My point, though, was the general attitude of "Oh, who cares, it's just the internet?" is a dangerous one to have. We really need to get away from this idea of "The internet isn't real, so we can do whatever we want". I understand the appeal of trolling, particularly people who deserve it, but really, people are being driven to suicide over online bullying. It's time to take the medium seriously. I'm not saying that this particular lawsuit is worth it, but "it's internet lulz!" shouldn't be a defense.

aeonic wrote:
Technically it's libel.

Technically, it lies in that wonderful grey area between the two, and won't get out until a judge decides YouTube is a durable medium or not. But you're right, it's more libel than slander, I think.
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JonSnow
Joined: Nov 03 2006
PostPosted: Aug 18 2010 06:13 pm Reply with quote Back to top

Intent isn't required, unless it's a celebrity. The defamatory speech simply needs to be public, published, and damaging to her reputation (calling someone a whore is considered defaming someone). It's up to a jury or judge to decide the facts of the case, but a lawsuit can be justified.
---

Just to be clear if someone was doing an informative piece on someone in a news article, let's say, and it shows them to be a complete idiot slut etc.. Let's say they don't even use those words in the article. They just explain factually what's happening on a given issue. And it hurts a person's reputation, they can then sue them?

Second Scenario: a person publishes something in a magazine, such as "I personally think said person is a douche bag", and they have complete disregard for everyone else's thoughts or reactions they're they're just expressing their opinion, or perhaps are searching for other people's opinion on them.

I understand why they could have grounds to sue, but i don't like it if it's demonstrated the person was just expressing their opinion with no intent of emotional damage, or otherwise messing up said person's life. (it's almost as if the intent is implicit, or can be assumed if its' published in a magazine or something to that effect.. but in this case i don't think the intent can be assumed, though the damage could be real.)

My ruling on the issue would be if you're being factual, or expressing your opinion for the sake of expressing your thoughts you should be fine. If you present something in a misleading way then you'd be in trouble, or if you intentionally are trying to traumatize someone emotionally or socially that'd be another case. That's my thoughts i don't know how the law plays out. Seems kind of lame from what you're saying.

Quote:
My point, though, was the general attitude of "Oh, who cares, it's just the internet?" is a dangerous one to have. We really need to get away from this idea of "The internet isn't real, so we can do whatever we want". I understand the appeal of trolling, particularly people who deserve it, but really, people are being driven to suicide over online bullying. It's time to take the medium seriously. I'm not saying that this particular lawsuit is worth it, but "it's internet lulz!" shouldn't be a defense


I totally agree, and thanks for following the advice in your lovely comments to me, I re-read them daily : ). But seriously, I do agree the internet is a medium of communication and it's possible to harass people on it, just like you can harass someone at school. I will say the harassment is to less of a degree, but not necessarily should be punished to a less a degree to other forms of bullying, i'll cal it. Why i would say that is because the medium is indirect, and so hinders the full expression of information, and ideas has less impact in that regard, and it is easier to ignore. For those two reason I Think there should be lesser punishment for cyber bully, than real life bullying, and real life bullying also poses more risks. But i agree that it's still serious and that it shouldn't be rubbed off/ignored just because the words are written and not spoken allowed.


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Brawl Code: 1805-1876-7506
 
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Aug 18 2010 06:44 pm Reply with quote Back to top

JonSnow wrote:
Just to be clear if someone was doing an informative piece on someone in a news article, let's say, and it shows them to be a complete idiot slut etc.. Let's say they don't even use those words in the article. They just explain factually what's happening on a given issue. And it hurts a person's reputation, they can then sue them?

I'm really not sure what you're asking here, but truth is a defense to defamation. If you call someone a prostitute, and she -is- a prostitute, there's no suit. If the local schoolmarm is called a prostitute in a news story, with no evidence to back it up, she has a valid suit.

Quote:
Second Scenario: a person publishes something in a magazine, such as "I personally think said person is a douche bag", and they have complete disregard for everyone else's thoughts or reactions they're they're just expressing their opinion, or perhaps are searching for other people's opinion on them.

Probably not, though I'm not a lawyer here. Calling someone a "douchebag", though, doesn't make any claims about them, it just expresses your dislike for them. Calling someone a "whore" tells the world they sleep with men for money, which is something that is extremely damaging to one's reputation.

Quote:
I understand why they could have grounds to sue, but i don't like it if it's demonstrated the person was just expressing their opinion with no intent of emotional damage, or otherwise messing up said person's life.

Intent doesn't matter, as I already said. The context, however, could be a valid defense. That's what the lawsuit is for, to find out this stuff.

Remember, when a story like this hits, we don't know all of the facts. We only know what the news media found out and decided to report to us. Something that sounds completely stupid on the surface often turns out to be a valid complaint once all the facts are in.
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
PostPosted: Aug 18 2010 07:13 pm Reply with quote Back to top

Although this is probably wildly out of context, it's not what goes in to a man's mouth that defiles him, rather what comes out of it.



 
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The Opponent
Title: Forum Battle WINNER
Joined: Feb 24 2010
Location: The Danger Zone
PostPosted: Aug 18 2010 07:36 pm Reply with quote Back to top

I think Jesus said something similar, but that's neither here nor there.


I'm not a bad enough dude, but I am an edgy little shit. I'll do what I can.
 
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Drew Linky
Wizard
Joined: Jun 12 2009
PostPosted: Aug 18 2010 08:38 pm Reply with quote Back to top

What a whore. Tea, anyone?


https://discord.gg/homestuck is where you can find me literally 99% of the time. Stop on by if you feel like it, we're a nice crowd.
 
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
PostPosted: Aug 18 2010 09:09 pm Reply with quote Back to top

I've dealt with angry customers and the back up trump card when they aren't getting their way is either swearing or threatening to sue.



 
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AtmanRyu
Title: The Wandering Dragon
Joined: Jun 25 2009
Location: Atlanta, GA
PostPosted: Aug 18 2010 09:25 pm Reply with quote Back to top

If only her father could backtrace.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
PostPosted: Aug 18 2010 10:05 pm Reply with quote Back to top

Dude! I so totally figured out how I'm going to pay back my student loans now! AWESOME! Very Happy


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William Shakespeare wrote:
Love all, trust a few, do wrong to none.

 
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Hexen
Title: McFavorite Burger Clown
Joined: Jun 29 2010
Location: Texas
PostPosted: Aug 18 2010 10:33 pm Reply with quote Back to top

I wonder if she'll sue me for claiming she is literally too stupid to be a human being.


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Shut up, Dorn
Title: White Chocolate
Joined: Jan 04 2008
Location: Grate Whyte Norf
PostPosted: Aug 18 2010 11:23 pm Reply with quote Back to top

You guys looked at it for all the right angles, but one: She might have an actual lawsuit, but how much she will win in damages:

$ 0.00


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The Opponent
Title: Forum Battle WINNER
Joined: Feb 24 2010
Location: The Danger Zone
PostPosted: Aug 19 2010 12:41 am Reply with quote Back to top

Exactly. Pain and suffering can be measured and estimated. Emotions can't.


I'm not a bad enough dude, but I am an edgy little shit. I'll do what I can.
 
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Shut up, Dorn
Title: White Chocolate
Joined: Jan 04 2008
Location: Grate Whyte Norf
PostPosted: Aug 19 2010 01:02 am Reply with quote Back to top

We shall call her the "USFL Bitch!"


EDIT: .....you guy's don't get it, do you?


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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Aug 19 2010 09:39 am Reply with quote Back to top

SoldierHawk wrote:
Dude! I so totally figured out how I'm going to pay back my student loans now! AWESOME! Very Happy

Whoring? Confused

Quote:
Exactly. Pain and suffering can be measured and estimated. Emotions can't.

"Emotional distress" sounds a lot like bunk (and in defamation, you're suing for the damage to your reputation, not your emotional distress), but it can be a legitimate grounds for a suit. If someone kicks down your door with a rifle and holds you hostage for 6 hours, there's probably some emotional distress. But yeah, most of the people suing for it on Judge Judy are BSing it, and I get the feeling most lawyers who sue for it are trying to bump up the judgment for their clients so that after they take their contingency, there's still enough left for the client to cover their losses.

A big problem with the civil law system that just plain can't be solved is that you can't "make whole" certain things. You can't bring back a lost loved one, for example, or give back lost time recovering from injuries. All you can do in situations like that is give money.
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