anyone know legal stuff about websites?

iroc409 · 01-11-2003, 09:18 PM

ok, i just had a curiosity question about legality issues and websites.

i know that it is perfectly acceptable, if done properly, to have an anti-company website. but what about anti-person?

say you were to make a website, against a person, including personal opinions, and perhaps even somewhat factual base, etc. no names, except the offender(s), possibly including email correspondance.

it would not, i believe, violate any laws that i know of, but i do not know them all. no copyright infringements, or the like, just basically excercising amendment rights to free speech. is there any legal actions that someone could take against a site like this?

just curious. and no, nobody from procooling

jaydee · 01-11-2003, 09:35 PM

The only thing I can think of would be a personal distress lawsuite. I am no lawyer but I do know that if it effects the mental well being of that person they can sue you. I seen a case like this not to long ago and they won. I cannot remember what it was about but it was similar. I would be very carefull how you went about it. Would be worth consulting/hiring a lawer. maybe one will pop up here.

joemac · 01-11-2003, 10:01 PM

Slander, Malice yeah I would be very careful. Type up what you want to say and have an attorney review it. It is one thing to say things about a celebrity who is consider a public person then to say it about private citizen. (I think I got that right ?? ) Do we have any attorney maybe a wana be attorney reading that can help.

iroc409 · 01-12-2003, 02:48 AM

well, thanks for the replies so far.

does anyone have a lawyer friend? i'd ask my lawyer, but i've only used his services once, he probably wants money. maybe i can get a free consultation monday over the phone or something.

Rob C · 01-12-2003, 04:33 AM

I dunno about the legal issues, but this site about a phd student at my college has been up for a few years and no-one's got into any trouble over it. I guess it depends whether it's really malicious, or just poking a bit of fun at the person concerned - often a fine line, I know.

I guess if it really was serious, then there could be lawsuits - probably comes under defamation I guess (something along the lines of making comments that might cause right-thinking members of the public to hold a lower opinion of the person concerned). Probably a bit risky, especially if the person concerned is the sort that might be happy to file a lawsuit. You'd probably be much safer doing it in the UK, where people seem less ready to run straight to the courts at the slightest sniff of money...

iroc409 · 01-12-2003, 04:55 AM

good points... although i don't know if this person is smart enough for 'lawyers' and such.

but, it would be slightly biting, although fairly factual representation of a person's demeanor. with a little bit of bitter bias.

bigben2k · 01-12-2003, 11:29 AM

FWIW...

Slander lawsuits have to include proof of damage to one's reputation. If you get depressed because some bonehead's got a page on you in a remote/backwards area of some unknown website, too bad.

Doctor's bills, and "loss of business" is the typical proof required.

Now there are ways around that, with a "humor" disclaimer, written in fine print, on some backpage somewhere on the site in question. Political statements are also a valid argument. Of course those two excuses have to be legitimate, and that's what usually ends up being discussed in court.

Ultimately, you do have your 1st (or is it 2nd) amendment rights, to express an opinion. The catch is, you must make it clear that it is an opinion.

These laws and personal guarantees are not the same in every country, but following US law usually keeps you out of trouble...

jaydee · 01-12-2003, 12:54 PM

Quote:

Originally posted by iroc409
good points... although i don't know if this person is smart enough for 'lawyers' and such.

Do not go on that assumption. You may not need to worry about him, but if a freind or family see's that your screwed. I would definatly get some real legal advice though. I remeber seeing a website totally trashing Tom's hardware. Not sure what happend with it or if it is still up. Funny as hell, but I am sure it could be a legal thing. Publically ranting in forums can be covered under the Freedom of Speech, but devoting a website to slam someone is a step above that and may not be covered.

Anyway let us know how it turns out. Kinda interested in this myself.

iroc409 · 01-12-2003, 03:47 PM

bigben, so if i put a disclaimer on the site clearly noting that the site is a listing of my opinion, an none other, it shouldn't be in violation of the freedom of speech? what happens when some events are opinion-based speech on factual stuffs?

and yes, you're right jay about the assumption thing, i just remembered this person has a relative that isn't a lawyer, but works in a big lawyer firm (although their emphasis is on business and construction).

i think i'll call my lawyer, see if i can get some free consultation out of him.

bigben2k · 01-12-2003, 09:17 PM

That should do it.

The thing is, you might still end up in court: there's almost nothing preventing anyone from taking you to court, even if their lawsuit is completely frivolous, or has no merit whatsoever.

I believe that the process involves a judge reviewing the presented preliminary evidence, and his acceptance to actually deliberate it in an open court. Otherwise, the charge is summarily dismissed.

In other words, be prepared to fend off a frivolous lawsuit.

iroc409 · 01-13-2003, 02:53 AM

cool. frivilous lawsuits wouldn't be that big of a deal, in comparison with like, them winning

.

i think tomorrow i'm going to write up basically my intent, take it or email it to the lawyer, make sure everything's ok, and see what he wants to write me a real spiffy disclaimer.

those guys are better at that than i am

thanks for the help everyone, i will be sure to post my progress.

01-11-2003, 09:18 PM	#1
iroc409 Cooling Savant Join Date: Oct 2002 Location: midwest side, yo Posts: 596	anyone know legal stuff about websites? ok, i just had a curiosity question about legality issues and websites. i know that it is perfectly acceptable, if done properly, to have an anti-company website. but what about anti-person? say you were to make a website, against a person, including personal opinions, and perhaps even somewhat factual base, etc. no names, except the offender(s), possibly including email correspondance. it would not, i believe, violate any laws that i know of, but i do not know them all. no copyright infringements, or the like, just basically excercising amendment rights to free speech. is there any legal actions that someone could take against a site like this? just curious. and no, nobody from procooling __________________ :shrug:

01-12-2003, 02:48 AM	#4
iroc409 Cooling Savant Join Date: Oct 2002 Location: midwest side, yo Posts: 596	well, thanks for the replies so far. does anyone have a lawyer friend? i'd ask my lawyer, but i've only used his services once, he probably wants money. maybe i can get a free consultation monday over the phone or something. __________________ :shrug:

01-12-2003, 04:33 AM	#5
Rob C Cooling Neophyte Join Date: Sep 2002 Location: Woodcote, UK Posts: 18	I dunno about the legal issues, but this site about a phd student at my college has been up for a few years and no-one's got into any trouble over it. I guess it depends whether it's really malicious, or just poking a bit of fun at the person concerned - often a fine line, I know. I guess if it really was serious, then there could be lawsuits - probably comes under defamation I guess (something along the lines of making comments that might cause right-thinking members of the public to hold a lower opinion of the person concerned). Probably a bit risky, especially if the person concerned is the sort that might be happy to file a lawsuit. You'd probably be much safer doing it in the UK, where people seem less ready to run straight to the courts at the slightest sniff of money... __________________ Rob "True wisdom lies in knowing that you know nothing" - Bill and Ted wanna P4... wanna P4... WANNA P4!!

01-12-2003, 04:55 AM	#6
iroc409 Cooling Savant Join Date: Oct 2002 Location: midwest side, yo Posts: 596	good points... although i don't know if this person is smart enough for 'lawyers' and such. but, it would be slightly biting, although fairly factual representation of a person's demeanor. with a little bit of bitter bias. __________________ :shrug:

01-12-2003, 11:29 AM	#7
bigben2k Responsible for 2% of all the posts here. Join Date: May 2002 Location: Texas, U.S.A. Posts: 8,302	FWIW... Slander lawsuits have to include proof of damage to one's reputation. If you get depressed because some bonehead's got a page on you in a remote/backwards area of some unknown website, too bad. Doctor's bills, and "loss of business" is the typical proof required. Now there are ways around that, with a "humor" disclaimer, written in fine print, on some backpage somewhere on the site in question. Political statements are also a valid argument. Of course those two excuses have to be legitimate, and that's what usually ends up being discussed in court. Ultimately, you do have your 1st (or is it 2nd) amendment rights, to express an opinion. The catch is, you must make it clear that it is an opinion. These laws and personal guarantees are not the same in every country, but following US law usually keeps you out of trouble... __________________ WBTA (Water Block Testing Alliance) Nordic Hardware WC 101

01-11-2003, 09:35 PM	#2
jaydee Put up or Shut Up Join Date: Dec 2001 Location: Spokane WA Posts: 6,506	The only thing I can think of would be a personal distress lawsuite. I am no lawyer but I do know that if it effects the mental well being of that person they can sue you. I seen a case like this not to long ago and they won. I cannot remember what it was about but it was similar. I would be very carefull how you went about it. Would be worth consulting/hiring a lawer. maybe one will pop up here.

01-11-2003, 10:01 PM	#3
joemac Cooling Savant Join Date: Dec 2002 Location: Dallas Posts: 339	Slander, Malice yeah I would be very careful. Type up what you want to say and have an attorney review it. It is one thing to say things about a celebrity who is consider a public person then to say it about private citizen. (I think I got that right ?? ) Do we have any attorney maybe a wana be attorney reading that can help.

01-12-2003, 03:47 PM	#9
iroc409 Cooling Savant Join Date: Oct 2002 Location: midwest side, yo Posts: 596	bigben, so if i put a disclaimer on the site clearly noting that the site is a listing of my opinion, an none other, it shouldn't be in violation of the freedom of speech? what happens when some events are opinion-based speech on factual stuffs? and yes, you're right jay about the assumption thing, i just remembered this person has a relative that isn't a lawyer, but works in a big lawyer firm (although their emphasis is on business and construction). i think i'll call my lawyer, see if i can get some free consultation out of him. __________________ :shrug:

01-12-2003, 09:17 PM	#10
bigben2k Responsible for 2% of all the posts here. Join Date: May 2002 Location: Texas, U.S.A. Posts: 8,302	That should do it. The thing is, you might still end up in court: there's almost nothing preventing anyone from taking you to court, even if their lawsuit is completely frivolous, or has no merit whatsoever. I believe that the process involves a judge reviewing the presented preliminary evidence, and his acceptance to actually deliberate it in an open court. Otherwise, the charge is summarily dismissed. In other words, be prepared to fend off a frivolous lawsuit. __________________ WBTA (Water Block Testing Alliance) Nordic Hardware WC 101

01-13-2003, 02:53 AM	#11
iroc409 Cooling Savant Join Date: Oct 2002 Location: midwest side, yo Posts: 596	cool. frivilous lawsuits wouldn't be that big of a deal, in comparison with like, them winning . i think tomorrow i'm going to write up basically my intent, take it or email it to the lawyer, make sure everything's ok, and see what he wants to write me a real spiffy disclaimer. those guys are better at that than i am thanks for the help everyone, i will be sure to post my progress. __________________ :shrug:

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