Where's the spoken word?

Post #156,561 by pwhysall 5/24/04 6:33:10 AM Reply	Where's the spoken word? And remember, it's only libel if it isn't true. I can't speak to the law in the US, but here in the UK, the burden of proof is upon the accused libeller. Aside::Pet_Peeve0027->print(); "Extra ! marks only serve to remove points from your perceived IQ" Peter [link\|http://www.debian.org\|Shill For Hire] [link\|http://www.kuro5hin.org\|There is no K5 Cabal] [link\|http://guildenstern.dyndns.org\|Blog]
Post #156,564 by dmarker 5/24/04 7:00:48 AM Reply	Re: Where's the spoken word? The interviews that Brown did - go read em!!! Cheers Doug (Groklaw links I provided) _________________________________________________________ "Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!". -- Leonardo Da Vinci
Post #156,565 by pwhysall 5/24/04 7:12:59 AM Reply	They're published. Ergo they're libellous (allegedly) instead of slanderous (allegedly). Peter [link\|http://www.debian.org\|Shill For Hire] [link\|http://www.kuro5hin.org\|There is no K5 Cabal] [link\|http://guildenstern.dyndns.org\|Blog]
Post #156,568 by dmarker 5/24/04 7:20:17 AM 5/24/04 7:22:19 AM Reply	Isn't this a catch-22 Brown slanders Linus verbally to someone who then writes what Brown said. At what point does the slander turn into libel. I though libel only happens when the person writes something about someone else. If they speak it then someone else reports it it is still slander. I think there is even more material at Groklaw put there a few hours ago. Also Brown did a lengthy interview with LinuxInsider where he repeats his claims in regard to Linux. There is extensive also misquoting of Tanenbaum and others. Cheers - Doug _________________________________________________________ "Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!". -- Leonardo Da Vinci Edited by dmarker May 24, 2004, 07:22:19 AM EDT Expand All History
Post #156,569 by pwhysall 5/24/04 7:22:09 AM Reply	Probably. Personally, I'm in the "ignore this fuckwit" camp, and really can't get very excited about this case :) Peter [link\|http://www.debian.org\|Shill For Hire] [link\|http://www.kuro5hin.org\|There is no K5 Cabal] [link\|http://guildenstern.dyndns.org\|Blog]
Post #156,572 by dmarker 5/24/04 7:32:36 AM 5/24/04 8:18:17 AM Reply	The latest material from Groklaw + a CNET news item [link\|http://www.groklaw.net/article.php?story=20040523172344599\|http://www.groklaw.n...20040523172344599] In this particular example, PJ is quoting from an interview (IIRC) that Brown gave. Also here is a news item on this 'Brown' topic. It accentuates the type of harm Brown & his ilk can do ... [link\|http://news.com.com/2102-7344_3-5216651.html?tag=st.util.print\|http://news.com.com/...tag=st.util.print] EXTRACT >>>> Is Torvalds really the father of Linux? By Stephen Shankland Staff Writer, CNET News.com It's hard to imagine that Linus Torvalds could have launched Linux without directly using earlier operating system work, according to a report that has become controversial even before its scheduled publication Thursday. The 92-page report, from a 14-person Washington, D.C., think tank called the Alexis de Tocqueville Institution, suggests more Linux credit should go to Minix. A Unix clone, Minix was designed by Andrew Tanenbaum to help him teach operating systems and software at Vrije University in Amsterdam. Torvalds used Minix before he embarked on Linux development in 1991. In an e-mail interview, Torvalds strongly disputed the study's conclusions. And Tanenbaum himself has harshly criticized the study. A new report suggests more credit for creating the Linux operating system should go to Unix clone Minix, rather than to Linus Torvalds. Bottom line: The study comes not long after several others unflattering to Linux and in the midst of a legal attack on Linux by the SCO Group. <<<< This kind of controvesy no matter what the truth is, just isn't good. Doug _________________________________________________________ "Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!". -- Leonardo Da Vinci Edited by dmarker May 24, 2004, 08:18:17 AM EDT Expand All History
Post #156,656 by ben_tilly 5/24/04 2:55:18 PM Reply	I don't buy that logic The articles are written published. But they aren't written and published by Brown. Brown's action therefore remains slander. It would be libel if Brown wrote down his own words and published them. The person publishing the interview has committed neither slander or libel since they published something completely true, they claim that Brown said X and Brown really did say X. IANAL, but if the legal system disagrees with that reasoning, then I'll have to reset my expectations of how arbitrarily stupid their distinctions are. (The distinction between libel and slander is already pretty damned arbitrary to me...) Cheers, Ben To deny the indirect purchaser, who in this case is the ultimate purchaser, the right to seek relief from unlawful conduct, would essentially remove the word consumer from the Consumer Protection Act - [link\|http://www.techworld.com/opsys/news/index.cfm?NewsID=1246&Page=1&pagePos=20\|Nebraska Supreme Court]

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