< Earlier Kibitzing · PAGE 8 OF 8 ·
|Jan-05-12|| ||matebay: Hi kellmano.. Hope you wouldn't mind to impart a free legal opinion.|
On the AJ bashing, would it amount to stalking...and if so, what is the likelihood that the perpetrators be brought to justice.
|Jan-05-12|| ||kellmano: <matebay> No porblem. It's a degree in UK law not jurisprudence, and it's 7 years old, so I'm not too sure about internet law. I can say that suing for slander/libel requires someone losing reputation, and in this case there is not much audience nor much reputation to lose. Such a civil case, even if successful (which I doubt very much) would not be worth bringing|
Someone did go to prison for setting up a facebook site here mocking a dead girl, though this was for the clear psychological harm on the parents. You've got to remember that teasing/bullying that falls short of potential or actual harm may be immoral, but is not criminally illegal.
There is also a difference between theory and practice, and as a law teacher you always have to remind people of this. If you called up a lawyer saying that someone was being teased on a chess site and you wanted to sue, I am almost certain the best response you could hope for is stifled laughter.
I think <FSR> is a practising lawyer, so probably a better, if partial, source of relevant information.
Hope that helps.
|Jan-05-12|| ||brankat: In Theory, theory and practice are the same. In Practice they are not :-)|
|Jan-05-12|| ||technical draw: <brankat> If theory and practice are the same then complete the following:|
Practice makes perfect.
Theory makes ....?
|Jan-05-12|| ||brankat: Maybe tomorrow, I have not slept in 24 hours.|
|Jan-05-12|| ||voratco: <brankat: Maybe tomorrow, I have not slept in 24 hours.>|
I did the sleeping for you for 24 hrs. Get ready to do this when you get up.
|Jan-05-12|| ||matebay: Thanks <Kellmano.>
Re your reply:
<I can say that suing for slander/libel requires someone losing reputation,>
I agree...but surely cyberstalking seems imminent here.
<Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, a group of individuals, or an organization. It may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass. The definition of "harassment" must meet the criterion that a reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress.
When identifying cyberstalking "in the field," and particularly when considering whether to report it to any kind of legal authority, the following features or combination of features can be considered to characterize a true stalking situation: malice, premeditation, repetition, distress, obsession, vendetta, no legitimate purpose, personally directed, disregarded warnings to stop, harassment, and threats.
A number of key factors have been identified:
False accusations. Many cyberstalkers try to damage the reputation of their victim and turn other people against them. They post false information about them on websites. They may set up their own websites, blogs or user pages for this purpose. They post allegations about the victim to newsgroups, chat rooms or other sites that allow public contributions, such as Wikipedia or Amazon.com.
Attempts to gather information about the victim. Cyberstalkers may approach their victim's friends, family and work colleagues to obtain personal information. They may advertise for information on the Internet, or hire a private detective. They often will monitor the victim's online activities and attempt to trace their IP address in an effort to gather more information about their victims. 
Encouraging others to harass the victim. Many cyberstalkers try to involve third parties in the harassment. They may claim the victim has harmed the stalker or his/her family in some way, or may post the victim's name and telephone number in order to encourage others to join the pursuit.
False victimization. The cyberstalker will claim that the victim is harassing him/her.>
Alaska, Florida, Oklahoma, Wyoming, and California, have incorporated electronically communicated statements as conduct constituting stalking in their anti-stalking laws.
Thanks a lot and I would take your advise to solicit needed info from FSR. Thanks.
|Jan-05-12|| ||tpstar: <kellmano> Your legal expertise is much appreciated.|
1) Say Name Player A attacked Name Player B ("dead" "disbarred" "alcoholic" "in a nursing home") posting four obviously false statements online, otherwise known as Libel. Since Name Player B is a practicing attorney, would this constitute Exigent Interference in their professional career causing a legitimate claim for damages?
2) Say Known Identity 1 attacked Known Identity 2 ("Youre the phony" "You're mean and you got no manners" "Mean, Unkind, Offensive, Foul, Attacker, Accuser, Cruel, Vicious, Ferocious, Wild, Malicious" "Bias, unfair, prejudiced, animal, uncivilized, uncouth, loud, ill-mannered, shameful, disgraceful, hateful...
you hater and full of hate...there is no ounce of kindness in your bones") making 28 personal attacks in a row, along with a later episode of cyberstalking with a stated threat to harass Known Identity 2 here "24/7" which was witnessed and retrievable through the site. Since Known Identity 2 is a practicing physician, would this count as Exigent Interference in their professional career? Also, since Known Identity 2 is a successful coach and author, would there be treble damages for negatively affecting their international business dealings?
Thank you for your help! =)
|Jan-06-12|| ||voratco: Don't worry Mr T, there is no such thing, everything is okay. It's all bickerings of 2 or more full grown ups. All guilty as the same, it's a dead draw. Everybody is thrown in jail together as one. But, that's only from a non lawyer perspective.|
Guilt is our worst nightmare....voratco.
|Jan-06-12|| ||Shams: <It's all bickerings of 2 or more full grown ups.> |
I'm counting, but I'm not getting to two.
<kellmano> Thirteen years on, I'm not sure I've heard anything as good as 69 Love Songs. :)
|Jan-06-12|| ||voratco: Keep trying shams, you'll get there.:D)|
|May-06-12|| ||Fusilli: Thanks for your kind note, <kellmano>.|
|Aug-04-12|| ||kellmano: |
click for larger view
Morning all. I had this position in a quick game yesterday and played 7. Ne5. I haven't got a chess computer to check, anyone see a flaw?
|Aug-05-12|| ||tpstar: <kellmano> Fritz 7 gives 7. Bxf7+! Kxf7 (7 ... Kd7?? 8. Ne5+) 8. Ne5+ Kg8 9. Qb3+ e6 10. Nxg4 Qd7 (10 ... Nxg4?? 11. Qxe6#) 11. Nxf6+ [0.81] winning a Pawn and ruining Black's Kingside. Second choice is 7. Qb3 e6 8. Qxb7 Nbd7 9. Nd4 [0.44], and third is 7. Ne5 Be6 8. Bxe6 fxe6 9. Qa4+ [0.38].|
Black usually plays 5 ... Nc6 Opening Explorer followed quickly by ... e6 to prevent any tricks against f7.
I tried the Smith-Morra Gambit as White a few times back in the day, but just didn't get anything for the Pawn.
Sincere apologies for the previous claptrap. Some people would do anything to ruin the site awards. =)
|Aug-08-12|| ||kellmano: Thanks <tpstar>. As black I am peemanently focusing on the threats to f7 in the Smith-Morra - not always successfully :-)|
|Oct-13-12|| ||Blunderdome: Hard to pick a favorite of the 69; even a top 5 required some reflection and I'm not sure if I got it right.|
Yeah! Oh, Yeah!
All My Little Words
Papa Was a Rodeo
Not in any order. Yeah! Oh, Yeah! has the most plays according to iTunes.
|Oct-13-12|| ||Blunderdome: Hmm, the way I wrote that makes it look like I was replying to something. Actually it was totally unsolicited and it's not totally clear how I ended up on this forum.|
|Oct-17-12|| ||kellmano: <blunderdome> not sure how I noticed that, but I very much like your numbers 1,2,4 and would add grand canyon, epitaph for my heart, abigail belle of kilronan and busby berkeley dreams. I love the whole thing, but unfortunately have lost disc 2, which contains loads of my favourites.|
Oh, and 'i don't believe in the sun'. Great title for a song.
|Oct-19-12|| ||Check It Out: He <kellmano> I'll be in London for the chess classic this year. If you have time perhaps we can hook up for a beer, chat, chess, whatever.|
Best, <Matt>. You can reach me at mattdday at gmail dot com
|Nov-18-12|| ||kellmano: <Check it out> Sorry i just saw that message. I'll be at the Classic on 1 December (Saturday). I'll email you later with some details. Should be good!|
|Dec-24-12|| ||wordfunph: Merry Christmas!|
|Mar-06-13|| ||Shams: Congratulations to you and the mare! Mazel tov!|
|Mar-10-13|| ||kellmano: Cheers <shams>! I met your mate <check it out> at Christmas, and he spoke highly of you.|
|Mar-14-13|| ||OhioChessFan: Candidates Moves Prediction Contest, sponsored by the legendary <chessmoron> and hosted in my forum, is now open. First round begins Friday. Click on Elvis for details.|
|Mar-20-13|| ||Shams: <kellmano><I met your mate <check it out> at Christmas, and he spoke highly of you.>|
Matt's from that island where every inhabitant half the time speaks lies. And his brother is from the neighboring island. It's three kinds of hoot when you get them together.
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