IPS to sue Adam Howard?

Discussion in 'IP.Board Discussions' started by CM30, Jan 13, 2013.

  1. ProSportsForums

    ProSportsForums Regular Member

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    Libel requires proof of defamation and, as any other legal claim, proof of financial damages. Unless IPB can prove to absolute certainty under strict scrutiny that Adam Howard has caused them financial losses they have no claim.
    You could call me a pedophile. That doesn't make me one and it doesn't cause me any legal damages.
     
  2. we_are_borg

    we_are_borg Regular Member

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    Yes it does when i would do that, because of it your name is slandered this also holds true for a company, political party etc etc. Its under US law difficult to prove but not imposible what i have read financial lose can be anything even a customer that says something about it what would result in the customer turning away or even a job that did not happen.

    For example i call you a pedophile and i put it out on the web and so forth, now you are going to a job interview for teacher position with childeren. The interviewer only needs to do a backgrond check and sees the stories online he/she say you are turned down because of that you have direct finacial losses.
     
  3. ProSportsForums

    ProSportsForums Regular Member

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    Only if I can prove in a court of law that the only reason I was turned down for the job is because of what was posted on the internet. Do you have any idea how difficult that would be to do? I do. It's what I do for a living. It would require the prospective employer testifying in court they rejected me for the position for that sole reason. Do you think they would do that? "Yes, we at Dewey, Cheatham, and Howe rejected the candidate for employment because of something we read on an internet forum." Oh, you didn't reject him because he wasn't the best-qualified candidate for the position? Hello, EEOC complaint. They're not going to testify to that, even if it's the case.

    Now, specific to this discussion, what damages has this person allegedly caused that can be proven in a court of law? This isn't a criminal matter for a jury. It's a civil matter for a judge, where the burden of proof is incredibly high. On a percentage scale, the proof requirement of financial damages in a defamation case is greater than the reasonable doubt burden for murder charges. What can IPB or anyone else prove that meets or exceeds that litmus test? And even assuming there is a case, are there any assets or is the would-be plaintiff just pissing in the wind? What are you suing for? Assets the defendant doesn't have? There's a lot more to this than "he called us a name on the internet."
     
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  4. we_are_borg

    we_are_borg Regular Member

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    They could have something on him or there hoping he will back down, it could also be that he will not show up in court to get a default ruling. Either way i think IPS is fed up with him and need to take action before it runs out of hand. But is the case about what we think or has some one see the documents.
     
  5. ProSportsForums

    ProSportsForums Regular Member

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    Yea, just like Internet Brands was fed up with XenForo. How'd that work out for them?
     
  6. we_are_borg

    we_are_borg Regular Member

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    Well we do not know the settlement of vBulletin vs vBulletin, so maybe they won if every one needed to pay for them self's. Even if vBulletin needed to pay everything Xenforo toke a hit Shawn posted a chart that showed Xenforo migrations to other platforms and it was high, also development toke a hit.

    But is it what we expect that is the question is it because libel causes or is it something else.
     
  7. CM30

    CM30 Regular Member

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    vBulletin vs vBulletin?

    I knew they had problems, but a legal civil war now?
     
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  8. we_are_borg

    we_are_borg Regular Member

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    Whoops that was a stupid mistake.

    It should read vBulletin vs Xenforo.
     
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