I Demand An Immediate Retraction And Apology

[TE999]

Pthfttttttttt...

Don't do that when I have a mouth full of popcorn!

 

[3113]

The final step prior to the filing of a lawsuit that involves an allegation of libel is, customarily, a demand for a retraction of the speech that the potential plaintiff contends are damaging, and an apology from the editor and publisher.

Hm....I see one minor problem here. The owners of Literotica didn't write any of those libelous things. Individuals did, and none of them own or work for Literotica. See, it's libel if a newspaper prints something as news that is written by people working for it, but it's not libel if a newspaper prints letters sent to the opinion page by people reading that newspaper.

You can't sue a newspaper for printing letters in the opinion page no matter how wrong one or some of those letters may be in what they believe to be the the truth--why not? Because they're *opinions* not "new" and therefore people reading them know that the person writing them may not know what they're talking about or may be bias. This as compared to a journalist who is supposed to be presenting facts.

So...I kinda think you're talking out your ass here because you would have to prove that the owners of this site were the ones writing and posting each and every lie about you. As they're not, as it's individuals with *opinions* it's not libel by the site. Now you might be able to argue slander if you want to take all these individuals, one by one, to court.

 

[john-the-author]

Holy crap! There's a sequel!

AAAAAARGH!!!!!!!!!!!!!!!! Run for your lives! Run for your lives!!

 

[Boxlicker101]

The final step prior to the filing of a lawsuit that involves an allegation of libel is, customarily, a demand for a retraction of the speech that the potential plaintiff contends are damaging, and an apology from the editor and publisher. Routinely, but not always, a publisher will simply agree to retract the speech that the potential plaintiff contends is offensive, and a public apology is issued. If the publisher chooses to defend the speech in question, then upon the filing of the lawsuit, the plaintiff routinely requests a temporary order to address the possibility that the publisher will continue to permit speech that led to the filing of the lawsuit in the first place. Types of relief include, but are not limited to: a court order compelling the speech to be removed, restrictions on what may continue to be published, and up to and including the suspension of publishing activities by the publisher. For Literotica.com, the last type of relief would mean that the website would be blocked from access to any server that would be capable of transmitting its contents online. The claim that has been made against me in writing, and published to the internet, is that I have been accused of threatening other people, and these statements have already been read by thousands of people. Since I have produced information that these claims have no basis in fact, there is a valid claim of libel to be made. It is my sincere hope that the website owners will do the right thing, and agree to my demands. If they choose to fight, then I intend to defend myself vigorously in court, and let a jury decide if I have been wronged.

In order for a plaintiff to prevail in a libel lawsuit, it has to be established that the allegedly libelous statement was believed by those who read or heard it. Since the individuals who post on these forums are scattered all over the world, and most of us have no idea of where others live or hang out, nobody could possibly believe that you have ever threatened violence against another person on this site.

 

[voluptuary_manque]

Glynnah, I'm saving that one! Happens all the time to me.

 

[glynndah]

Glynnah, I'm saving that one! Happens all the time to me.

It fits so many situations in my life, too.

Oh, and I didn't make that one. I just found it and, boy, it seemed to belong right there.

 

[PrincessGoddess]

In order for a plaintiff to prevail in a libel lawsuit, it has to be established that the allegedly libelous statement was believed by those who read or heard it. Since the individuals who post on these forums are scattered all over the world, and most of us have no idea of where others live or hang out, nobody could possibly believe that you have ever threatened violence against another person on this site.

In summary:

Website moderator misinterprets one sentence.
Website moderator makes false accusations against poster, then broadcasts them woldwide on internet
Accused proves that Accuser made accusations not based in fact
Website moderator, paid or unpaid, is an employee of Website ownership group
Both Website ownership group and Moderator are 100% accountable for the false accusations

Prevailing in court not major goal. Retraction and apology are. If none forthcoming, seek court order to take Literotica.com dark

 

[Zeb_Carter]

In summary:

Website moderator misinterprets one sentence.
Website moderator makes false accusations against poster, then broadcasts them woldwide on internet
Accused proves that Accuser made accusations not based in fact
Website moderator, paid or unpaid, is an employee of Website ownership group
Both Website ownership group and Moderator are 100% accountable for the false accusations

Prevailing in court not major goal. Retraction and apology are. If none forthcoming, seek court order to take Literotica.com dark

The Moderators don't work for the site...they are volunteers and individuals who express there own opinions.

The site has no liability in the matter.

And why are you posting this here...you will gain no sympathy from anyone here...we're just interested in flirting with each other...we don't give a shit about what happened over on some other board, unless we are there.

Don't go away mad, just go away.

 

[3113]

In order for a plaintiff to prevail in a libel lawsuit, it has to be established that the allegedly libelous statement was believed by those who read or heard it. Since the individuals who post on these forums are scattered all over the world, and most of us have no idea of where others live or hang out, nobody could possibly believe that you have ever threatened violence against another person on this site.

Which brings up another very important point. In order for it to be libel, we would ALL have to know who Princess is.

For example, you write that Tom Cruise did something awful and you post this on, say your blog or website. We all know who he is--we know he's male, an actor, what he looks like, etc. If what you write is not true, but is universally believed, and hurts him (like it costs him work, for example, or makes his children get beaten up on their way to school), then it's libel.

But poor Princess has a problem. We don't know who he/she is. Where he/she lives, what he/she looks like, what his/her real name is...which makes him/her functionally anonymous. So we can't libel her. We can only libel her avatar which, being a name and a picture (or no picture) can't be libeled can it?

 

[WitMaster]

Which brings up another very important point. In order for it to be libel, we would ALL have to know who Princess is.

For example, you write that Tom Cruise did something awful and you post this on, say your blog or website. We all know who he is--we know he's male, an actor, what he looks like, etc. If what you write is not true, but is universally believed, and hurts him (like it costs him work, for example, or makes his children get beaten up on their way to school), then it's libel.

But poor Princess has a problem. We don't know who he/she is. Where he/she lives, what he/she looks like, what his/her real name is...which makes him/her functionally anonymous. So we can't libel her. We can only libel her avatar which, being a name and a picture (or no picture) can't be libeled can it?

It does not matter if she's correct or not. If a jury thinks she is correct, she wins. The jury has yet to be seated.

 

[Xelebes]

I'm a BDSM regular and even I don't know who this dipshit is.

 

[Xelebes]

It does not matter if she's correct or not. If a jury thinks she is correct, she wins. The jury has yet to be seated.

But a judge (either by directly in court or in appellate court) must intervene if the definitions of the crime are not adhered to. A judge may also choose not to even hear the case.

 

[a2754]

"If the glove don't fit, you must acquit" - Johnnie Cochran

 

[Zeb_Carter]

It does not matter if she's correct or not. If a jury thinks she is correct, she wins. The jury has yet to be seated.

First he/she has to find me/them/us, if she/he doesn't know who we are how can he/she sue?

Rather stupid if you ask me. Although I'm not really here as I have a monkey type in a little room in a big house on the coast of a far distant land where monkeys are smart and intelligent. It costs me a pretty penny I'll tell you.

 

[Xelebes]

In summary:

Website moderator misinterprets one sentence.
Website moderator makes false accusations against poster, then broadcasts them woldwide on internet
Accused proves that Accuser made accusations not based in fact
Website moderator, paid or unpaid, is an employee of Website ownership group
Both Website ownership group and Moderator are 100% accountable for the false accusations

Prevailing in court not major goal. Retraction and apology are. If none forthcoming, seek court order to take Literotica.com dark

Do you have any monetary assets at risk attached to your username? If you do, please direct us to that. Otherwise you have not experienced any monetary losses due to any false statements made by any member of the staff or member on this site.

 

[glynndah]

When the movie comes out, I do hope there's an intermission. I'm gonna need lots of popcorn to make it through to the end credits.

 

[Zeb_Carter]

When the movie comes out, I do hope there's an intermission. I'm gonna need lots of popcorn to make it through to the end credits.

It should be a short that plays before the real movie, kind of like a public service announcement..."What not to do in the AH..."

 

[glynndah]

It should be a short that plays before the real movie, kind of like a public service announcement..."What not to do in the AH..."

I hope they get somebody good to play me in the movie.

 

[a2754]

Do you have any monetary assets at risk attached to your username? If you do, please direct us to that. Otherwise you have not experienced any monetary losses due to any false statements made by any member of the staff or member on this site.

If she has enough money, she can find a judge to hear the case. The identities of the accuser, the accused (plaintiff), and the accuser's employer (Literotica.com) are easily identifiable. Any person, even unpaid, who has a direct operational responsibility in the day to day operations of a for-profit, or not-for profit business enterprise (such as a moderator who demonstrates functional control and management over a website) is an employee. (see court records on lawsuits concerning distribution of funds from Red Cross' Katrina fund). If she proves that she is a published author, and a jury believes her future earnings could be jeopardized, she can easily claim injury. Maybe she is suffering from loss of consortium

 

[Zeb_Carter]

I hope they get somebody good to play me in the movie.

How about Ashley Judd?

 

[starrkers]

What the hell is going on here?

Has anyone actually read that first post?

does it have a point or is it just some form of elaborate spam?

Why is it appearing in the AH (or did I miss something major in the past few days)?

Why hasn't this thread been thoroughly jacked by the flirt police?

 

[SweetPrettyAss]

If she has enough money, she can find a judge to hear the case. The identities of the accuser, the accused (plaintiff), and the accuser's employer (Literotica.com) are easily identifiable. Any person, even unpaid, who has a direct operational responsibility in the day to day operations of a for-profit, or not-for profit business enterprise (such as a moderator who demonstrates functional control and management over a website) is an employee. (see court records on lawsuits concerning distribution of funds from Red Cross' Katrina fund). If she proves that she is a published author, and a jury believes her future earnings could be jeopardized, she can easily claim injury. Maybe she is suffering from loss of consortium

It would still have to be believed though. Do you think that anybody will believe that this princess has threatened anybody, considering that he/she has no access to the one who was supposedly threatened? If I said I was going to come and shoot you, would you be frightened, considering that I have no idea who you are or where you are? For the same reason, would anybody take seriously if I were to accuse some anonymous person of planning on attacking me?

 

[Zeb_Carter]

If she has enough money, she can find a judge to hear the case. The identities of the accuser, the accused (plaintiff), and the accuser's employer (Literotica.com) are easily identifiable. Any person, even unpaid, who has a direct operational responsibility in the day to day operations of a for-profit, or not-for profit business enterprise (such as a moderator who demonstrates functional control and management over a website) is an employee. (see court records on lawsuits concerning distribution of funds from Red Cross' Katrina fund). If she proves that she is a published author, and a jury believes her future earnings could be jeopardized, she can easily claim injury. Maybe she is suffering from loss of consortium

A published author by the name or Princes"whatever"? Phooey.

If he/she is a published author by any other name then no harm, no foul as nobody knows who the fuck she/he is, no do we care.

Indifference is not illegal.

 

[SweetPrettyAss]

What the hell is going on here?

Has anyone actually read that first post?

does it have a point or is it just some form of elaborate spam?

Why is it appearing in the AH (or did I miss something major in the past few days)?

Why hasn't this thread been thoroughly jacked by the flirt police?

You're right. Hey, Zeb, you look really hot in that fishing hat.

 

[Zeb_Carter]

You're right. Hey, Zeb, you look really hot in that fishing hat.

Thanks, as to do you all bent over waiting for my trout.