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  #51  
Old September 1st 03, 12:09 AM
hippy
external usenet poster
 
Posts: n/a
Default psychos

"Jose Rizal" wrote in message
ink.net...
I think it might be prudent to put yourself in the other person's

shoes
to get a feel for what it would be like. If a motorist puts up a

snip
your friends recognise you from this description and you feel you're
being harshly judged by this someone whom you don't even know, how

would
you like to be able to resolve the situation?


Post a reply on their board?

It's more clear to me now what you mean and I see the flaw with
this idea. But, if you dish it out, you've got to be able to take it
too.
Personally, however, I doubt that a motorist could upset me more
by posting my details online rather than nearly killing me. I'd rather
see my name on some bike-hate site than in an obituary column...

I think you'll run into trouble once you start to specifically

identify
people.


What about just providing LOTS of details about their actions
without specific identification?

A car license plate is enough information to identify someone.
Neighbours, friends, and relatives may readily recognise the plate
number. That's when people will start to take issue with you, I'm

sure.

Yes. But they will take issue with the dodgy driver first and that
might be enough to prompt a change in their driving habits.
One of those free online forum packages could be used to preserve
the author's anonymity. Of course, now I can't create one because
I'd be know :-P

It is just explaining an event that occured in my life and what
I saw - surely there is nothing wrong with that?


That's different to what you were suggesting though, of a database of
car plates of people who have done you wrong.


Okay, well now I'm suggesting a database of 'life events' that happen
to contain the license plates of those involved.

That's because each driver of blue Toyota Camrys don't know if it's

them
who's being maligned. A "blue Toyota Camry" is general enough of a
description of a car as to be almost anonymous. Car license plates

are
much more specific.


So, if the description didn't contain a number plate it'd be alright?

That's still just your word against the other person's, and who will

be
the mediator who will determine whether you are telling the truth or
not? Therefore, who is to prove you're not just slandering someone
baselessly? Following this, you're then open to a defamation suit.


Well if someone takes me to court for defamation then it will be the
judge that will act as the mediator and it will again come down to
their word against mine. If it doesn't go to court then I've nothing
to worry about.

That's fine, I'm still not convinced though that I'd be legally " in

the
wrong" if I typed a story of my biking life, including details of

cars
that broke the law. It's not attacking someone. It's not without
evidence. The drivers could retort. Where is the illegality?


Your contention that they broke the law, and the implication that

these
people are wrongdoers, all backed up only by your word can constitute

a
basis for a defamation claim against you.


So, in court, how will they decide who to prosecute? Do they bust
the driver because he/she broke the law (according to my word) or
do they bust me for defamation, even though it's just their word
against mine that this event didn't occur?

hippy
confuzzed as ever


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  #52  
Old September 1st 03, 12:09 AM
hippy
external usenet poster
 
Posts: n/a
Default psychos

"Jose Rizal" wrote in message
ink.net...
I think it might be prudent to put yourself in the other person's

shoes
to get a feel for what it would be like. If a motorist puts up a

snip
your friends recognise you from this description and you feel you're
being harshly judged by this someone whom you don't even know, how

would
you like to be able to resolve the situation?


Post a reply on their board?

It's more clear to me now what you mean and I see the flaw with
this idea. But, if you dish it out, you've got to be able to take it
too.
Personally, however, I doubt that a motorist could upset me more
by posting my details online rather than nearly killing me. I'd rather
see my name on some bike-hate site than in an obituary column...

I think you'll run into trouble once you start to specifically

identify
people.


What about just providing LOTS of details about their actions
without specific identification?

A car license plate is enough information to identify someone.
Neighbours, friends, and relatives may readily recognise the plate
number. That's when people will start to take issue with you, I'm

sure.

Yes. But they will take issue with the dodgy driver first and that
might be enough to prompt a change in their driving habits.
One of those free online forum packages could be used to preserve
the author's anonymity. Of course, now I can't create one because
I'd be know :-P

It is just explaining an event that occured in my life and what
I saw - surely there is nothing wrong with that?


That's different to what you were suggesting though, of a database of
car plates of people who have done you wrong.


Okay, well now I'm suggesting a database of 'life events' that happen
to contain the license plates of those involved.

That's because each driver of blue Toyota Camrys don't know if it's

them
who's being maligned. A "blue Toyota Camry" is general enough of a
description of a car as to be almost anonymous. Car license plates

are
much more specific.


So, if the description didn't contain a number plate it'd be alright?

That's still just your word against the other person's, and who will

be
the mediator who will determine whether you are telling the truth or
not? Therefore, who is to prove you're not just slandering someone
baselessly? Following this, you're then open to a defamation suit.


Well if someone takes me to court for defamation then it will be the
judge that will act as the mediator and it will again come down to
their word against mine. If it doesn't go to court then I've nothing
to worry about.

That's fine, I'm still not convinced though that I'd be legally " in

the
wrong" if I typed a story of my biking life, including details of

cars
that broke the law. It's not attacking someone. It's not without
evidence. The drivers could retort. Where is the illegality?


Your contention that they broke the law, and the implication that

these
people are wrongdoers, all backed up only by your word can constitute

a
basis for a defamation claim against you.


So, in court, how will they decide who to prosecute? Do they bust
the driver because he/she broke the law (according to my word) or
do they bust me for defamation, even though it's just their word
against mine that this event didn't occur?

hippy
confuzzed as ever


  #53  
Old September 1st 03, 12:12 AM
hippy
external usenet poster
 
Posts: n/a
Default psychos

"Jose Rizal" wrote in message
hlink.net...
That's open to interpretation; if the driver's opinion is that you

were
the one who failed to stop and your swerving on the kerb to avoid a
collision is all your fault, therefore exonerating him/herself of any
wrongdoing, why would your account be more credible than his, in the
eyes of your website's readers? In the absence of a legal moderator

to
declare your account as the accurate one in the absolute sense, you

can
be accused of defamation.


Oh, okay, I think I get it now. The moderator needs to be present when
the claim of wrongdoing is made, right?
Therefore, any claims made on this website could be defaming due to the
lack of a moderating power, right?

It's to court where you can be taken if people are identified by their
license plates and accused of wrongdoing.


What if 5/6ths of the plate was identified along with details of the
car?

hippy


  #54  
Old September 1st 03, 12:12 AM
hippy
external usenet poster
 
Posts: n/a
Default psychos

"Jose Rizal" wrote in message
hlink.net...
That's open to interpretation; if the driver's opinion is that you

were
the one who failed to stop and your swerving on the kerb to avoid a
collision is all your fault, therefore exonerating him/herself of any
wrongdoing, why would your account be more credible than his, in the
eyes of your website's readers? In the absence of a legal moderator

to
declare your account as the accurate one in the absolute sense, you

can
be accused of defamation.


Oh, okay, I think I get it now. The moderator needs to be present when
the claim of wrongdoing is made, right?
Therefore, any claims made on this website could be defaming due to the
lack of a moderating power, right?

It's to court where you can be taken if people are identified by their
license plates and accused of wrongdoing.


What if 5/6ths of the plate was identified along with details of the
car?

hippy


  #55  
Old September 1st 03, 12:44 AM
hippy
external usenet poster
 
Posts: n/a
Default psychos

"Luther Blissett" wrote in message
...
Hippy, one thing you should think about, is do you really think it

will
achieve anything? At best the car drivers won't give a **** that they
have offended a cyclist, at worst it may encourage the hoon element to
get their names on the board.


Yeah, there does seem to be more negatives than positives with
this idea. I'm sure it would make me (and probably others) feel
better after a close call but it's not worth the associated junk
that it would cause. Retired.

Now, about fitting ground-to-ground rockets to the commuter...?

hippy ;-)


  #56  
Old September 1st 03, 12:44 AM
hippy
external usenet poster
 
Posts: n/a
Default psychos

"Luther Blissett" wrote in message
...
Hippy, one thing you should think about, is do you really think it

will
achieve anything? At best the car drivers won't give a **** that they
have offended a cyclist, at worst it may encourage the hoon element to
get their names on the board.


Yeah, there does seem to be more negatives than positives with
this idea. I'm sure it would make me (and probably others) feel
better after a close call but it's not worth the associated junk
that it would cause. Retired.

Now, about fitting ground-to-ground rockets to the commuter...?

hippy ;-)


  #57  
Old September 3rd 03, 11:21 PM
Peter Cremasco
external usenet poster
 
Posts: n/a
Default psychos

On Sun, 31 Aug 2003 23:09:32 GMT, "hippy"
wrote:


Well if someone takes me to court for defamation then it will be the
judge that will act as the mediator and it will again come down to
their word against mine. If it doesn't go to court then I've nothing
to worry about.


You can still be sued even if the stuff you are saying and writing is
true.

So, in court, how will they decide who to prosecute? Do they bust
the driver because he/she broke the law (according to my word) or
do they bust me for defamation, even though it's just their word
against mine that this event didn't occur?


Suing is a civil court matter. If you're in court to answer a
slander/libel suit, that is the only thing being judged.

Dangerous driving etc is something that goes to (correct me if I'm
wrong) a criminal court.


---
Cheers

PeterC

[Rushing headlong: out of control - and there ain't no stopping]
[and there's nothing you can do about it at all]
  #58  
Old September 3rd 03, 11:21 PM
Peter Cremasco
external usenet poster
 
Posts: n/a
Default psychos

On Sun, 31 Aug 2003 23:09:32 GMT, "hippy"
wrote:


Well if someone takes me to court for defamation then it will be the
judge that will act as the mediator and it will again come down to
their word against mine. If it doesn't go to court then I've nothing
to worry about.


You can still be sued even if the stuff you are saying and writing is
true.

So, in court, how will they decide who to prosecute? Do they bust
the driver because he/she broke the law (according to my word) or
do they bust me for defamation, even though it's just their word
against mine that this event didn't occur?


Suing is a civil court matter. If you're in court to answer a
slander/libel suit, that is the only thing being judged.

Dangerous driving etc is something that goes to (correct me if I'm
wrong) a criminal court.


---
Cheers

PeterC

[Rushing headlong: out of control - and there ain't no stopping]
[and there's nothing you can do about it at all]
 




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