To: "(R.M.Ulrich)" 
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On Sat, 10 Jun 1995, (R.M.Ulrich) wrote:

> >From James Cook in reply to Mark Loundry:
> >Heck, while I'm at it, is it "libelous" to publicly characterize someone's 
> >act as "clear and blatant" copyright infringement? 
> 
> Clearly and blatantly....it is! :)
> --Roger Ulrich
> 

Irony.

On a another listserv I'm on, one member extensively quoted from a book
found in some store... for the edification of the the list membership. A
second member, angered by the (fair use) quotation, but ill informed about
law, published a follow-up comment to the effect that the first
person had committed "theft" of the material. 

Generally, accusing someone of a criminal act is deemed "libel per se" and
no damage need be shown to win the case. Repetition of libelous remarks is
deemed "republication" of them, and may make everyone who repeats them as
liable for libel as the first fellow. 

The first fellow had only the mistaken illusion of a wrongful act, and was
protected by "fair use". The second person made an actual problem for himself
by the manner of public (and mistaken) characterization of the first 
fellow's online comment as being a criminal act. 

Per Black's Law Dictionary:
---------------------------

                         ________________


"When a publication is "libelous per se," that is, defamatory on its face, 
it is actionable per se;  i.e. one need not prove that he received ANY 
injury as a result of the publication in order to recover damages, and in 
such a case general damages for loss of personal or business reputation 
are recoverable and no averments or proof of special damages are 
necessary. Rosenblum v. Metromedia, Inc."

                         _________________


These sorta funny incidents highlight the challenges we face in regard to
communicating about these issues and referencing illustrative events in
public online forums. 

It also seems quite ironic to me how often we trangress against others
while exerting ourselves to point out their transgressions. 


--
______________________________________________________________________________
James Cook 	                    * Information Professionals List
Internet: jcook@netcom.com          * IPN / Information Professionals Network
==============================================================================






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