This is un-rockstar like. Great though...

[Arkansas]

Ever hear of anyone trademarking or copyrighting their internet names?
Probably the only way to stop this crap. But even then, it'd just get ignored.

I wonder what the online slander laws are like these days...? And are the site hosts liable too?


later~

slander is spoken; libel is written

to prove either, 3 things are required:

statements must be false
person making statements must know they are false
person about whom statements are made must have suffered material harm

The bottom-feeding behavior under discussion wouldn't meet the test.

http://opendotdotdot.blogspot.com/2008/ ... libel.html

Point is, if defamation intent can be proven, then the poster should be criminally liable and it's possible the website owner/host is also liable for allowing such comments to remain published. And even though the latter hasn't really happened yet, at some point a court may hold the owner accountable.

This looks pertinent.
http://www.avvo.com/legal-answers/co-li ... -9891.html

This sounds like something that's happened around here.
http://en.allexperts.com/q/Civil-Commer ... mation.htm

This is an interesting read.
http://www.rcfp.org/news/mag/32-2/when_ ... ne_37.html


later~

Arkansas, you're clearly not a lawyer. For anyone to prove a tort, intent is not the only thing that needs to be proven. Damages must also be proven (extremely hard to do)...in addition to damages, cause-in-fact needs to be proven (far more difficult than even damages to prove).

I never said anything about damages. I was speculating on criminality. And my thinking was that if somehow malicious intent could be proven (by whatever mechanism) then that poster might stop being so careless with the comments. And, if the website owner/host also feared legal action, then he/she might find a way to keep it from happening, or at least show due diligence by moderation & prompt deletion.

Btw, I never claimed to be a lawyer...but I have stayed at a Holiday Inn Express!


later~

[Since 78]

Ever hear of anyone trademarking or copyrighting their internet names?
Probably the only way to stop this crap. But even then, it'd just get ignored.

I wonder what the online slander laws are like these days...? And are the site hosts liable too?


later~

slander is spoken; libel is written

to prove either, 3 things are required:

statements must be false
person making statements must know they are false
person about whom statements are made must have suffered material harm

The bottom-feeding behavior under discussion wouldn't meet the test.

http://opendotdotdot.blogspot.com/2008/ ... libel.html

Point is, if defamation intent can be proven, then the poster should be criminally liable and it's possible the website owner/host is also liable for allowing such comments to remain published. And even though the latter hasn't really happened yet, at some point a court may hold the owner accountable.

This looks pertinent.
http://www.avvo.com/legal-answers/co-li ... -9891.html

This sounds like something that's happened around here.
http://en.allexperts.com/q/Civil-Commer ... mation.htm

This is an interesting read.
http://www.rcfp.org/news/mag/32-2/when_ ... ne_37.html


later~

Arkansas, you're clearly not a lawyer. For anyone to prove a tort, intent is not the only thing that needs to be proven. Damages must also be proven (extremely hard to do)...in addition to damages, cause-in-fact needs to be proven (far more difficult than even damages to prove).

I never said anything about damages. I was speculating on criminality. And my thinking was that if somehow malicious intent could be proven (by whatever mechanism) then that poster might stop being so careless with the comments. And, if the website owner/host also feared legal action, then he/she might find a way to keep it from happening, or at least show due diligence by moderation & prompt deletion.

Btw, I never claimed to be a lawyer...but I have stayed at a Holiday Inn Express!


later~

Good One!!

[styxman]

Good laugh on this one. One anonymous melodicrock member wants damages from some anonymous person on a separate website. Good luck. I didn't see any real names in there.

Really you have probably made that person's day by drawing so much attention to it. I just read it because I am bored. Big deal. Get over it.

[DrFU]

Good laugh on this one. One anonymous melodicrock member wants damages from some anonymous person on a separate website. Good luck. I didn't see any real names in there.

Really you have probably made that person's day by drawing so much attention to it. I just read it because I am bored. Big deal. Get over it.

Sending happy thoughts of rainbows and unicorns your way, SM ...

[strangegrey]

I never said anything about damages. I was speculating on criminality. And my thinking was that if somehow malicious intent could be proven (by whatever mechanism) then that poster might stop being so careless with the comments. And, if the website owner/host also feared legal action, then he/she might find a way to keep it from happening, or at least show due diligence by moderation & prompt deletion.

Btw, I never claimed to be a lawyer...but I have stayed at a Holiday Inn Express!


later~

Right, I understand what you're thinking. I'm no lawyer either, but the fact still remains that if you march into a lawyer's office, he's going to tell you these very same things....

The fact is that the crime in question here is slander, malice, libel..etc..
Those are legally called torts. In order to prove a tort, you have to prove damages, that the actions caused the damages with intent (cause in fact), etc

These things are terribly difficult to prove in internet msg board scenarios. Can you imagine the court docket? "Rip Rokken v. the person masquerading as Knellsky" It would be laughable....

When it becomes only slightly easier is when a person's real name is well known...and even though he/she is conversing under a handle, it's wide and clear public knowledge of the person's identity. You still have to prove intent, damages, cause in fact, etc. Let me also state, 'widely known' is hardly a case of "we all know it's so and so who's doing this" as has been stated in this thread. The person seeking damages has to prove the same thing...and for him it's far worse, because he not only has to prove his real name is well known, but the action of some other guy with a handle actually caused material financial harm....try proving that in a court of law. It's not easy.


I laugh out loud whenever I see someone on the msg boards start vag-flapping about the fact that they are going to sue for libel or slander, etc. Because at the end of the day, that's an empty threat from someone that doesn't know much about the law. (not to mention the fact that it's quite dumb legal strategy to announce a lawsuit before you actually serve someone).

Now, let me also follow this up with an 'Im not a lawyer' as well. I might be off on some of this...but I feel I know this area fairly well...there are bills and laws being crafted to combat internet related torts...but the fact still remains that proving damages is very much a central requirement in any tort. You can't just go "He's saying bad things about journey's singer and he's doing it with my internet handle"

Perhaps someone can trademark his/her internet handle if they feel so inclined....but then, they'd better be prepared to monetarily defend the use of the handle on an active basis.




As already stated in this thread and others....you're better off just not worrying about it and letting whomever do whatever....and call it a day. There's a reason why Journey (and Arnel is part of Journey now) is getting alot of negative attention from certain people. They've brought it on themselves...you can't deny that. While people may dig a hole in the beach and insert their head to this fact...the cold hard truth remains that Journey has done enough bad to attract some people to want to take a few nasty swipes. Defending Journey on these boards will attract the negative attention of these people....If you enjoy the band...great....but taking a hard and fast position against all the so-called persecution Arnel and Journey receive...you only really put yourself in their cross hairs.


Stick to simply enjoying the music and not virtually sucking off the members of the band at every turn and you should be well insulated from this kind of attention.

[artist4perry]

You guys crack me up! Your still arguing over the legal issues? I guess we can keep any thread alive if an arguement can be had! LOL! Bottom line is it doesn't matter. The guy lacks class, and why waste a good discussion on him! Start a legal thread! Argue legal matters on that page if you will. Lets let this boring page end. He is just a sad individual really.

[strangegrey]

Good laugh on this one. One anonymous melodicrock member wants damages from some anonymous person on a separate website. Good luck. I didn't see any real names in there.

Really you have probably made that person's day by drawing so much attention to it. I just read it because I am bored. Big deal. Get over it.

Good points...I'll just say that I don't want anyone to think I'm arguing this point. I'm just trying to offer some clarification on the subject....

I encourage anyone to disregard or pass over what I say if you don't need or want the information. Just trying to help....

[Melissa]

I don't see where Rip said he was going to seek legal action people. He was just clarifying what many of us who know him already know, that it was NOT him posting those comments on there under Rip Rokken.

[strangegrey]

I don't see where Rip said he was going to seek legal action people. He was just clarifying what many of us who know him already know, that it was NOT him posting those comments on there under Rip Rokken.

My apologies to Rip for using his handle in my example. He did not say he was going to seek legal action against them....he said he would investigate whether forcing people to opt-in on email notifications just to contact the company was legal.

The example still holds however...insert anyone's handle into the above mentioned example, and the point I'm trying to make is no less valid.

[Melissa]

I don't see where Rip said he was going to seek legal action people. He was just clarifying what many of us who know him already know, that it was NOT him posting those comments on there under Rip Rokken.

My apologies to Rip for using his handle in my example. He did not say he was going to seek legal action against them....he said he would investigate whether forcing people to opt-in on email notifications just to contact the company was legal.

The example still holds however...insert anyone's handle into the above mentioned example, and the point I'm trying to make is no less valid.

I understand.

[artist4perry]

I don't see where Rip said he was going to seek legal action people. He was just clarifying what many of us who know him already know, that it was NOT him posting those comments on there under Rip Rokken.

My apologies to Rip for using his handle in my example. He did not say he was going to seek legal action against them....he said he would investigate whether forcing people to opt-in on email notifications just to contact the company was legal.

The example still holds however...insert anyone's handle into the above mentioned example, and the point I'm trying to make is no less valid.

I think you have good points, but as I said, why glorify the idiot anymore than needed? It is nice you want to help. I just think it is childish behavior that is best ignored. His posts were assinine, and juvinile. Best to forget it.

[annpea]

Good laugh on this one. One anonymous melodicrock member wants damages from some anonymous person on a separate website. Good luck. I didn't see any real names in there.

Really you have probably made that person's day by drawing so much attention to it. I just read it because I am bored. Big deal. Get over it.

Good points...I'll just say that I don't want anyone to think I'm arguing this point. I'm just trying to offer some clarification on the subject....

I encourage anyone to disregard or pass over what I say if you don't need or want the information. Just trying to help....

I love your avatar, It really look like he could be saying something like that.

[Rip Rokken]

I don't see where Rip said he was going to seek legal action people. He was just clarifying what many of us who know him already know, that it was NOT him posting those comments on there under Rip Rokken.

True. And I haven't heard back from EW.com as they guarantee to do within 24 hours, either, though I'm sure they'll be happy to put me on their spam list...

[wildcat75]

You guys crack me up! Your still arguing over the legal issues? I guess we can keep any thread alive if an arguement can be had! LOL! Bottom line is it doesn't matter. They guy lacks class, and why waste a good discussion on him! Start a legal thread! Argue legal matters on that page if you will. Lets let this boring page end. He is just a sad individual really.

You're right Ginger, this thread has nowhere to go, just wasted our time, i just only hope that whoever this person is will realized that someday " KARMA" will get back to him and he better wake up now before it's too late!!

Hey Ginger , How are you? hope you're doing fine ,i'm Audrey fr, Arnel's site!!!!!!!!!! Take care!!!!!!!!!

[artist4perry]

You guys crack me up! Your still arguing over the legal issues? I guess we can keep any thread alive if an arguement can be had! LOL! Bottom line is it doesn't matter. They guy lacks class, and why waste a good discussion on him! Start a legal thread! Argue legal matters on that page if you will. Lets let this boring page end. He is just a sad individual really.

You're right Ginger, this thread has nowhere to go, just wasted our time, i just only hope that whoever this person is will realized that someday " KARMA" will get back to him and he better wake up now before it's too late!!

Hey Ginger , How are you? hope you're doing fine ,i'm Audrey fr, Arnel's site!!!!!!!!!! Take care!!!!!!!!!

Hi I am fine. Glad to know everyone there knows this was a hoax. He has fans here too! Good to hear from you!

[artist4perry]

I don't see where Rip said he was going to seek legal action people. He was just clarifying what many of us who know him already know, that it was NOT him posting those comments on there under Rip Rokken.

True. And I haven't heard back from EW.com as they guarantee to do within 24 hours, either, though I'm sure they'll be happy to put me on their spam list...

Rip thank you for being Manly enough to add a pink ribbon to your avatar. My mom was nearly lost to this disease. She is still so frail from it. I could not be near her when she went through it, only call her long distance, and pray a lot. I can barely think about it without welling up. Your a truely kind person. Your family I would guess love you very much! My husband is cool like that too.

[Rip Rokken]

Hey Ginger , How are you? hope you're doing fine ,i'm Audrey fr, Arnel's site!!!!!!!!!! Take care!!!!!!!!!

Audrey!!! Good to see you here! So many screen names for me to keep up with... haha!

[Rip Rokken]

Rip thank you for being Manly enough to add a pink ribbon to your avatar. My mom was nearly lost to this disease. She is still so frail from it. I could not be near her when she went through it, only call her long distance, and pray a lot. I can barely think about it without welling up. Your a truely kind person. Your family I would guess love you very much! My husband is cool like that too.

Hey, no problem -- I'm definitely a supporter of the cause, and Journey To The Cure is something I now participate in. This was the avatar I used before JTTC '08, and I actually did wear a pink bow-tie to the event.



Yes, I feel there are some sad misconceptions on what being a "man" is all about. Much more to it than the general butthead stereotypes.

[artist4perry]

Rip thank you for being Manly enough to add a pink ribbon to your avatar. My mom was nearly lost to this disease. She is still so frail from it. I could not be near her when she went through it, only call her long distance, and pray a lot. I can barely think about it without welling up. Your a truely kind person. Your family I would guess love you very much! My husband is cool like that too.

Hey, no problem -- I'm definitely a supporter of the cause, and Journey To The Cure is something I now participate in. This was the avatar I used before JTTC '08, and I actually did wear a pink bow-tie to the event.



Yes, I feel there are some sad misconceptions on what being a "man" is all about. Much more to it than the general butthead stereotypes.

Well, you may have wore a pink tie, but in my book your true Blue! Thank you!

[wildcat75]

Hey Ginger , How are you? hope you're doing fine ,i'm Audrey fr, Arnel's site!!!!!!!!!! Take care!!!!!!!!!

Audrey!!! Good to see you here! So many screen names for me to keep up with... haha![/qu


HEY! RIP,

GOOD TO SEE YOU TOO- REMEMBER WHAT I TOLD YOU BEFORE< IF SOMEONE KNOCK ME DOWN HERE , I NEED YOUR HELP! OK!!!!!!!!!!!!! HEHEHE!!!! JUST KIDDING !!!!!!!!!!!!!BTW, I LIKE YOUR AVATAR AND THE ROSE!!!!!!

[/b]

[Rip Rokken]

HEY! RIP,

GOOD TO SEE YOU TOO- REMEMBER WHAT I TOLD YOU BEFORE< IF SOMEONE KNOCK ME DOWN HERE , I NEED YOUR HELP! OK!!!!!!!!!!!!! HEHEHE!!!! JUST KIDDING !!!!!!!!!!!!!

I got your back, and Saint John too, in case I miss anything... haha!

[Don]

HEY! RIP,

GOOD TO SEE YOU TOO- REMEMBER WHAT I TOLD YOU BEFORE< IF SOMEONE KNOCK ME DOWN HERE , I NEED YOUR HELP! OK!!!!!!!!!!!!! HEHEHE!!!! JUST KIDDING !!!!!!!!!!!!!

I got your back, and Saint John too, in case I miss anything... haha!

Great, The Enforcer, Rokken Dokken.

[Saint John]

HEY! RIP,

GOOD TO SEE YOU TOO- REMEMBER WHAT I TOLD YOU BEFORE< IF SOMEONE KNOCK ME DOWN HERE , I NEED YOUR HELP! OK!!!!!!!!!!!!! HEHEHE!!!! JUST KIDDING !!!!!!!!!!!!!

I got your back, and Saint John too, in case I miss anything... haha!

Great, The Enforcer, Rokken Dokken.

I think he also coined "Glokken Dokken" as well.