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Online defamation law in the USA


plainfacts
31 May 2017 #1
Cases against online defamation are becoming big business in the USA, Polishforum.com as I understand is owned by a USA corporation and is hosted on a US server, therefore as I understand anyone suing another party for libel on this forum would be accountable to a court in the USA, irrespective of which country they are posting from or sitting in....

As an aside - Slander is spoken defamation and libel is written (or graphic) defamation.

Any comments
Ziemowit 13 | 4,311
31 May 2017 #2
Any comments

Who are you and do you have any interest in suing the PolishForums?
Atch 17 | 4,005
31 May 2017 #3
Well whoever his is he's made a good start. I'm sure somebody will have a go at him soon, and then he can bring a test case.
OP plainfacts
31 May 2017 #4
I have no self interest in this matter, although I do believe many of the comments on this forum could be considered verging on hate crime, which is not reflective of Poland.While there is much extremism in the world and barbarous acts, Poland is somewhat insulated from this hate.Poland of course has its own issues which reflects from past history, a racist country is certainly not...
OP plainfacts
31 May 2017 #5
Atch, as an add-on to win a case you have to prove the defendant published or broadcast the statement;
Prove that the statement is false;
Prove they were harmed by the statement;
Demonstrate that the defendants did not verify their claims.

Which would not be so difficult against some of the loose cannons of hate on this forum.
Atch 17 | 4,005
31 May 2017 #6
Well good luck with that :)) People here are always banging on about legal repercussions etc but nothing ever comes of it. All mouth and trousers as the saying goes. In all seriousness though it would be very impractical and hideously expensive for a person based in Europe to sue somebody in an American court. So I don't think you'll see any court cases resulting from this forum.
OP plainfacts
31 May 2017 #7
Atch I don't know how old you are or how computer security compliant you are...

Every Phone and computer has a IMEI number which is registered to the users name and address, your IP which you use is registered to your home address or company. So why would it be difficult to find you or anyone else...

You are responsible for the words you use on a forum, they are yours.
Atch 17 | 4,005
31 May 2017 #8
The impracticalities and expense to which I refer in bringing a case in an American court have nothing to do with establishing the identities of users.
OP plainfacts
31 May 2017 #9
Atch, you sound like Dick Turpin...
Atch 17 | 4,005
31 May 2017 #10
Tare an' ouns! Now that's what Dick Turpin would sound like. You're not very conversant with the language of the 18th century, particularly the lingo of the highwayman.
OP plainfacts
31 May 2017 #11
Atch, I will leave the language of the highway man to your good self. The story of Dick Turpin is that he was in deed a highwayman who got away with his deeds for many years, until one day in retirement he was in a stagecoach which was robbed at gunpoint, he was so upset at being on the recieving end he reported it to the local sheriff, while at the station they recognized who he was and hung him for his crimes.. We live in changing times my dear atch.
johnny reb 32 | 6,831
31 May 2017 #12
win a case you have to prove the defendant published or broadcast the statement;Prove that the statement is false;Prove they were harmed by the statement;Demonstrate that the defendants did not verify their claims

Sounds to me like You Know Who is working on their case against Pigsy.

Every Phone and computer has a IMEI number which is registered to the users name and address, your IP which you use is registered to your home address or company. why would it be difficult to find you or anyone.......

LOL......Why ? Let me give you a short and quick answer detective.
See here in America we have phones called "Burner Phones" (that you pay cash for) that you also pay cash for minutes as you go. You buy a phone card at a big box store and refill the account.

No way could they trace that.
Ip: Again, take mine for example, I pay my internet server with cash. Again no way to know who has that ip. number.
Also I paid cash for my computer and never registered it in my name for the warrenty. Again, how could they trace my computer ?
Sounds to me like you are full of wishful thinking as many Americans also use public computers at coffee shops that are not register to them in any way.

I think you have been told several times before that you make a lousy detective and when you start something like this you come away with egg on your face.

Oh and to hire an attorney to shuffle the papers for you to get your case in court you better have at least $10,000 to give him/her for a retainer that you will never see again.

There is no way in hell that an attorney in America would take such a case on a contingency bases.
Hope you have about $20,000 with filing fees and attorney fees to even start such a case. (and you don't)
Then be ready to have your attorney tell you that your case has been turned down because the courts choose not to entertain it which often happens.

God luck in your potential frivolous suit to claim a windfall of your life time. lol
Oh and I still have those posts of you calling me hillbilly trailer trash, a KKK member, questioning and mocking my Faith, ect. for a counter claim that surely would be filed against you and when it came right down to it there is not a court in America that would even begin to listen to your whining because your feeling got hurt when you were put in your place.

Your sociopathic lies just never stop as I am sure you have convinced yourself that you have a case.
And for the love of Mary please don't double down with more of your lies. ;-(
Harry
31 May 2017 #13
People here are always banging on about legal repercussions etc but nothing ever comes of it.

Tell that to the American kiddie who has a restraining order that forbids him from using the internet for anything other than school-related purposes and as such doesn't post on PF any more.
johnny reb 32 | 6,831
31 May 2017 #14
Sources Harry......? or merely hear say ?
Harry
31 May 2017 #15
Sources Harry......?

Polish police to whom the matter was reported who then referred the matter on to the FBI.
Atch 17 | 4,005
31 May 2017 #16
But that wasn't a law suit though was it? Interesting though.........if he's a minor I suppose he couldn't be prosecuted as such but the parents would be informed and I suppose it would be straight to bed with bread and water for supper.
johnny reb 32 | 6,831
31 May 2017 #17
S0ooooo....... still just hear say harry (as the thread suddenly goes quiet)
And don't forget how your friend boasted about showing his junk on Skype.
Perhaps you would like to see that post as I think I still have it with time and date.
I am sure any law enforcement agency in America would be most interested in that AND WOULD PROSECUTE if it was true and not just another one of his sexual fantasies.

Now again harry, before you dazzle us with your diamonds and baffle us with your b.s. we would like to see the sources that you are referring to otherwise it is merely hearsay rumor.

Now get busy googling the rest of the day to confirm your story to us with credible sources.
Chemikiem
31 May 2017 #18
anyone suing another party for libel on this forum would be accountable to a court in the USA, irrespective of which country they are posting from or sitting in....

I'm not sure if anyone could sue at all if you read rule # 21

21. You agree not to hold PolishForums, its affiliates, or its members liable for anything stated within the forums. Our moderating team does our best to keep the discussions civil; neverthelless, we are not always able to proactively prevent abusive or personally-identifiable messages from appearing in public.

I notice that the rule has been updated to include not holding members liable whereas before it was just PolishForums. The bit regarding abusive and personally identifiable messages wasn't included before either.

Not that I would be remotely interested in trying to sue PF or its members, but it would be rather ironic if this rule is one that actually would be enforced when the others are anything but.
OP plainfacts
2 Jun 2017 #19
JReb, your need to hide your identity speaks volumes about who you could be. By your very actions this could make you a ''person of interest' we live in a world of transparency, only those who have something to hide, would have the motivation to go to the lengths you do. The one thing you cant hide from is voice recognition technology, unless of course you have downloaded a voice scrambler and have a need to hide...


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