Wednesday, December 10, 2008
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User consents that information posted on this site is comprised largely of opinion and commentary, and agrees to INDEMNIFY and HOLD HARMLESS Off the Cuff, any registered users, any anonymous users, and any individuals posting content on the Web Site. User agrees not to make any legal claims of defamation, libel, slander, insult, abuse or any other civil claim. User agrees to pay any and all legal costs in defense of such claims, regardless of court decision. User agrees that any civil or criminal claims arising out of use of Web Site shall be under the jurisdiction of WICOMICO COUNTY, MARYLAND, USA. User must further acknowledge and agree that all opinion and commentary provided on this site is protected under the Constitution of the United States of America and the Constitution of the State of Maryland.
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Everything I wanted to say but couldn't
INDEMNIFICATION and HOLD HARMLESS
User consents that information posted on this site is comprised largely of opinion and commentary, and agrees to INDEMNIFY and HOLD HARMLESS Off the Cuff, any registered users, any anonymous users, and any individuals posting content on the Web Site. User agrees not to make any legal claims of defamation, libel, slander, insult, abuse or any other civil claim. User agrees to pay any and all legal costs in defense of such claims, regardless of court decision. User agrees that any civil or criminal claims arising out of use of Web Site shall be under the jurisdiction of WICOMICO COUNTY, MARYLAND, USA. User must further acknowledge and agree that all opinion and commentary provided on this site is protected under the Constitution of the United States of America and the Constitution of the State of Maryland.
User agrees not to utilize the services of private investigators, forensic computer analysts, subpoenas, or National Security Letters to obtain the names, IP addresses, email address or other user information of registered users, anonymous users, or other individuals posting information on the site.
11 comments:
Actually, I don't use Blogspot but do have a number of comments that come from readers using pseudonyms. (Obviously in this case I didn't.)
While there's the option of doing so in Blogspot and people regularly do so in order to protect their identity, I do think it's a gutless way to go. Maybe if there wasn't the option people wouldn't say things they'd otherwise not say in public.
And while I do appreciate the whistleblower aspect of the argument, generally these people are only in it for personal attacks.
Gutless or wise, Michael? Some people have all kinds of opinions, but because of where they work, who they work for, what organizations they belong to, etc, they choose to comment, or write anonymously. Just because one uses a pseudonym rather than their given name, doesn't make their opinions any less valuable. Of course, the operative word is OPINION. As someone said elsewhere, their is a difference between fact and opinion.
"generally these people are only in it for personal attacks." - this is true. Hopefully, not all people who read blogs take everything as gospel truth. Opinions are....opinions. Not truth, not even educated guesses for the most part.
I must echo anon 10:52's sentiments. I'm very close to the original "Off the Cuff" owner, and thus unfortunately saw the witch hunt that she had to endure. The "anons" of the world would rather not have their opinions transcribed into insinuating posts showing photos of their family members.
Anonymous 10:52, you have a fair point, although a psuedonym would help in tracking comment threads to some extent if one uses it regularly. One example at my site is 'Final Frontier', a regular commentor.
Using WordPress, my site is a little different so I don't get truly anonymous comments like there are here.
pseudonyms or a fake blog names would be great. It gets old real quick saying "Well Anon 12:45 I thinkg your a ...."
If everyone just picked a name and used it. I wouldn't care if they called themselves Bugs bunny!
But after what Joe did to "Off the Cuff", Bill Duvall and some others I wouldn't want that jerk knowing who I was, not to mention how he stalks political figures and their families. Good Grief Charlie Brown.
Good arguments on both sides of the issue.
This case will no doubt move up from the CSA to the Court of Appeals, an maybe to the Federal system.
Food for thought:
BuggsBunnyBlogger buys an add under his real name (pays by check) in the Daily Times: The add says "Donald Duck is a thief and a child molester."
Is that libel? (libel means it was in print-slander is the same statement made orally.)
Folks, if that were a pack of lies, do you not think that Mr. Duck should be able to sue the Hare for damages? (the person that claims he was libeled or slandered must PROVE he was damaged).
Assuming the statement is false then of course it is libel and Mr. Duck could sue the rabbit and win. On the other hand if the rabbit could prove it was true then he is home free, because TRUTH is an absolute defense against an accusation of libel.
Now:
Why should Buggs get off the hook simply because he made the libelous statement as an anonymous blogger, rather than a customer of the DT classifieds?
Buggs ahouldn't be off the hook it he had made a libelous statement. Now, suppose Buggs had said "In my opinion, Donald duck is a thief and rumor has it he is a child molester as well, is he just as guilty"? AND, we are forgetting the third party; the publication who allowed it to appear. If that publisher puts the statement out there that comments/ads are not necessarily the opinion of the blogger, can the publication be held responsible?
I don't know about he publisher (paper or electronic), I would imagine that the paper has no duty to check the facts of a paid advertisement-as opposed to a story written by an employee.
The opinion defense only goes so far, despite popular opinion-judges are not fools.
The safest way to do what you illustrated is to say:
"Is there any truth to the rumor that Donald Duck is a pedophile and a thief?
Do you see the admittedly fine legal difference?
In my example the speaker/writer is not spreading the rumor, there is no malicious intent, in fact one could construe it as doing Mr. Duck a favor by stating that it is a rumor (as opposed to fact) and implying its falsehood by the queston, " Is there any truth...?
So, Hadley, what are your thoughts about the whole thing? You post under a pseudonym, which is basically anonymously. My thoughts are that you do so pretty responsibly and would never put anything out there that cannot be backed up with proof. Unfortuately, we cannot depend on all of society to do that. Especially when they think they have the truth and it only turns out to be a second hand rumor.
I'm not sure how I feel. I don't think it fair that people can post whatever they want just because they do so anonymously. However, I think it would become very unfair for people not to be able to voice their opinions if they have to sign their name to it.
anon 11:49
I am VERY careful abut accusing someone of a crime or infamous act.
If someone expresses his Turd-like opinion, then I am free to counter HIS opinion with my own.]
Example: Let us say some Turd says the Moon is made of green cheese. Well I could safely opine that that Turd is an IDIOT!
If that same Turd said my good blogging friend Gun Powder is a liar, then I could say something like, well Turd YOU are a liar if you cannot prove that GP is a liar.
You just have to be creative.
You should not, in my opinion, call someone a homosexual, unless you can PROVE it to a preponderance of the evidence in a Civil Court of Law.
You COULD,however, say "Is there any truth to the rumor that John Q. Turd is a fag?"
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