#51
|
|||
|
|||
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 |
Ads |
#52
|
|||
|
|||
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
|
|||
|
|||
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
|
|||
|
|||
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
|
|||
|
|||
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
|
|||
|
|||
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
|
|||
|
|||
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
|
|||
|
|||
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] |
Thread Tools | |
Display Modes | |
|
|