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RE: Am I jaded? - 10/11/2009 8:50:47 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
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quote:

ORIGINAL: Lockit

Well besides that... it isn't defaming anyone if it is true and public information for anyone who looks into public information.



Ok, let me literally spell it out, since you seem to have problems grasping math symbols:

Defamation is not the same as false light.

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to Lockit)
Profile   Post #: 61
RE: Am I jaded? - 10/11/2009 8:52:23 PM   
Lockit


Posts: 11292
Joined: 5/7/2007
Status: offline 		ROFL... well then ignore this whack job! Maybe my hot air will fly me to the moon... that might be romantic.... hehe

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!


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RE: Am I jaded? - 10/11/2009 8:57:37 PM   
DrkJourney


Posts: 1917
Joined: 5/6/2007
Status: offline 		But if he came here, saw the post, would he be stupid enough to announce that it's him that she is talking about?   Otherwise, we have no idea who he is, to the point if I was single and this guy came up to me and wanted to date, I wouldn't know him to be the person that she is referring to.

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RE: Am I jaded? - 10/11/2009 9:01:51 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: DrkJourney

But if he came here, saw the post, would he be stupid enough to announce that it's him that she is talking about?   Otherwise, we have no idea who he is, to the point if I was single and this guy came up to me and wanted to date, I wouldn't know him to be the person that she is referring to.


He doesn't have to be stupid enough to announce it. But I digress - it'd be pretty stupid if he did.

All I'm saying is, all he'd need to do is see the post, & consult a lawyer. If the lawyer saw it, he'd be able to tell what it more accurately depicts: false light, or defamation.

Defamation IMO, would be harder to prove, because he'd have to prove it's causing harm to his reputation, whereas with false light, all he's gotta do is prove it's harming his mental health.

*shrugs*

< Message edited by blackpearl81 -- 10/11/2009 9:02:47 PM >

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to DrkJourney)
Profile   Post #: 64
RE: Am I jaded? - 10/11/2009 9:08:22 PM   
Lockit


Posts: 11292
Joined: 5/7/2007
Status: offline 		Then maybe he shouldn't have convictions that are public information.... I am sure that alone and the fact that he did those types of things to start with involve a few mental health issues that I cannot be blamed for... exit... tossed out of court.. bye bye. Oh... besides the information I have that proves he did the shit again! lol

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!


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RE: Am I jaded? - 10/11/2009 9:14:39 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: Lockit

Then maybe he shouldn't have convictions that are public information.... I am sure that alone and the fact that he did those types of things to start with involve a few mental health issues that I cannot be blamed for... exit... tossed out of court.. bye bye. Oh... besides the information I have that proves he did the shit again! lol


Oh right. So because its "public information" that gives you the right to re-broadcast information that you found via a BG check in a public arena?
That's bullshit logic.

You are hardly a "qualified source" to be releasing information like this to the general public. You sure as hell aren't Pinkterton, Intelius or ADP. (Google it if you don't know who/what it is)

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to Lockit)
Profile   Post #: 66
RE: Am I jaded? - 10/11/2009 9:14:43 PM   
DrkJourney


Posts: 1917
Joined: 5/6/2007
Status: offline
quote:

ORIGINAL: blackpearl81

quote:

ORIGINAL: DrkJourney

But if he came here, saw the post, would he be stupid enough to announce that it's him that she is talking about?   Otherwise, we have no idea who he is, to the point if I was single and this guy came up to me and wanted to date, I wouldn't know him to be the person that she is referring to.


He doesn't have to be stupid enough to announce it. But I digress - it'd be pretty stupid if he did.

All I'm saying is, all he'd need to do is see the post, & consult a lawyer. If the lawyer saw it, he'd be able to tell what it more accurately depicts: false light, or defamation.

Defamation IMO, would be harder to prove, because he'd have to prove it's causing harm to his reputation, whereas with false light, all he's gotta do is prove it's harming his mental health.

*shrugs*


Wouldn't he also have to prove that she was talking about him?   Not trying to debate, but that's the piece of the puzzle that I'm missing. 

And again, she didn't get into anything what was public record so not sure what an attorney could actually do?

_____________________________

...Look into my eyes and I'll own you....



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RE: Am I jaded? - 10/11/2009 9:19:43 PM   
eihwaz


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quote:

ORIGINAL: blackpearl81

Lets see... how is what you said "false light"?

Hows this:
You publicly said that he was accused of "....Stalking of numerous women, domestic abuse, alcohol problems, etc.. "

That right there could cause harm to his mental/emotional well being, (due to you revealing that you found this info from said BG check) which is EXACTLY what "false light" breach of privacy protects.

[...]

"False light" refers to harm done to a persons emotional/mental well being.

Trying to get my brain around how "false light" applies here.

In the US, the false light tort requires publication of a false statement "in reckless disregard of the falsity of the publicized matter and the false light in which the person would be placed" where "publication" is to the public at large.  The statements must also be recognizably "of and concerning" the subject, meaning that a third party hearing it would know that they were about the subject.  (See Restatement (Second) of Torts, Section 652.)

Telling someone about the results of a background check might offend them, hurt their feelings, etc. but doesn't constitute "publication."  The OP has not identified the person.  The information is from a public domain source and it's not clear that it's accuracy is in dispute.

I know several women who have been stalked (and I was once stalked myself and can personally attest to what a terrifying and nightmarish experience it is), so I very much appreciate caution in moving from online to real life.



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RE: Am I jaded? - 10/11/2009 9:19:50 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
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quote:

ORIGINAL: DrkJourney

Wouldn't he also have to prove that she was talking about him?   Not trying to debate, but that's the piece of the puzzle that I'm missing. 

And again, she didn't get into anything what was public record so not sure what an attorney could actually do?


More than likely. But then again, if the lawyers were THAT hard up about it, I'm reasonably sure they could subpoena the transcripts of the emails that were shot back and forth between her and him. She also admitted 1-2 pages back that she told him she was running a BG check, and that was why he stopped.

So, that line has already been drawn & connected.

Public record isn't the debate here... it's the fact that she is passing out information that she has no right passing on.

Like I stated in a previous post - I don't exactly have to worry about a prospective employer posting stuff that was found in my BG check on a public forum. THAT is my biggest beef with the general public being able to run background checks, and why I feel BG checks should only be ran by gov't, law enforcement agencies, and potential employers.

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to DrkJourney)
Profile   Post #: 69
RE: Am I jaded? - 10/11/2009 9:22:53 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: eihwaz

Trying to get my brain around how "false light" applies here.

In the US, the false light tort requires publication of a false statement "in reckless disregard of the falsity of the publicized matter and the false light in which the person would be placed" where "publication" is to the public at large.  The statements must also be recognizably "of and concerning" the subject, meaning that a third party hearing it would know that they were about the subject.  (See Restatement (Second) of Torts, Section 652.)

Telling someone about the results of a background check might offend them, hurt their feelings, etc. but doesn't constitute "publication."  The OP has not identified the person.  The information is from a public domain source and it's not clear that it's accuracy is in dispute.

I know several women who have been stalked (and I was once stalked myself and can personally attest to what a terrifying and nightmarish experience it is), so I very much appreciate caution in moving from online to real life.





(1). A publication by the Defendant about the Plainitff;

Publication is defined as:
1. The act or process of publishing printed matter.2. An issue of printed material offered for sale or distribution.3. Communication of information to the public. 

Are you telling me that a forum post wouldn't be defined as a publication going by definition #3?

< Message edited by blackpearl81 -- 10/11/2009 9:23:46 PM >

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to eihwaz)
Profile   Post #: 70
RE: Am I jaded? - 10/11/2009 9:35:45 PM   
eihwaz


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Joined: 10/6/2008
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quote:

ORIGINAL: blackpearl81

Are you telling me that a forum post wouldn't be defined as a publication going by definition #3?

No of course not.  Are you perversely and willfully misconstruing the sense of my post?  False light requires more than simple publication.  The tests are:
(1) publication
(2) falsity
(3) reckless disregard of the falsity of the published matter
(4) recognizable association of the allegedly false statements with a particular individual
(5) harm to the subject's mental/emotional well-being


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Profile   Post #: 71
RE: Am I jaded? - 10/11/2009 9:44:31 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: eihwaz

quote:

ORIGINAL: blackpearl81

Are you telling me that a forum post wouldn't be defined as a publication going by definition #3?

No of course not.  Are you perversely and willfully misconstruing the sense of my post?  False light requires more than simple publication.  The tests are:
(1) publication
(2) falsity
(3) reckless disregard of the falsity of the published matter
(4) recognizable association of the allegedly false statements with a particular individual
(5) harm to the subject's mental/emotional well-being




I wasn't disagreeing with you on a publication simply being the only requirement to fit a false light claim. From what I've read, false light generally requires 4 things:

(1). A publication by the Defendant about the Plainitff;
(2). made with actual malice (very similar to that type required by New York Times v. Sullivan in "Defamation" cases);  
(3). which places the Plainitff in a false light;
(4). that would be highly offensive (i.e., embarassing to reasonable persons.
 
Out of these 4, 3 have already been met:

The publication - her post in a public forum.

Placing the plaintiff in a false light - ie: she may have considered it stalking, he may have not. (I'm not really going to debate this point, as the definition varies wildly in either direction - I know women who, if a guy passes a compliment to her, she would consider it "stalking")

The possibility of the guy who identifies himself finding it offensive.

Technically, I would consider malice as being met, but I'm stretching on that - she feels jaded, and ended up bringing up this guy in passing. Not sure if that qualifies as malice or not, but its food for thought.

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to eihwaz)
Profile   Post #: 72
RE: Am I jaded? - 10/11/2009 9:47:44 PM   
Lockit


Posts: 11292
Joined: 5/7/2007
Status: offline
quote:

ORIGINAL: blackpearl81

quote:

ORIGINAL: Lockit

Then maybe he shouldn't have convictions that are public information.... I am sure that alone and the fact that he did those types of things to start with involve a few mental health issues that I cannot be blamed for... exit... tossed out of court.. bye bye. Oh... besides the information I have that proves he did the shit again! lol


Oh right. So because its "public information" that gives you the right to re-broadcast information that you found via a BG check in a public arena?
That's bullshit logic.

You are hardly a "qualified source" to be releasing information like this to the general public. You sure as hell aren't Pinkterton, Intelius or ADP. (Google it if you don't know who/what it is)


No... pinkerton... but I was asked to work for Tommy's Angel's... you know the agency that Charlie's Angel's was based on. From my work with a detective from the city of Anahiem, CA. but I turned the job down to work with children who had been made motherless.

Believe me... if the guy who knows what I said and did wants to report me and do something about it... he is more than welcome! lol Really you don't need to teach me a lesson here and really... don't need to defame me by calling me a whack job! You hurt my feelings! lol

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!


(in reply to blackpearl81)
Profile   Post #: 73
RE: Am I jaded? - 10/11/2009 9:52:10 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: Lockit

No... pinkerton... but I was asked to work for Tommy's Angel's... you know the agency that Charlie's Angel's was based on. From my work with a detective from the city of Anahiem, CA. but I turned the job down to work with children who had been made motherless.

Believe me... if the guy who knows what I said and did wants to report me and do something about it... he is more than welcome! lol Really you don't need to teach me a lesson here and really... don't need to defame me by calling me a whack job! You hurt my feelings! lol


Point still stands: You are hardly a qualified person to be re-releasing information that you recieved from a background check.

Doesn't matter if you paid 19.95 to run someones name through the system. What you did with the information you recieved was unbelieveably irresponsible.

That'd be like the cop who arrested you, posting on a forum saying "hey, I arrested Susie Doe at her house on 1234 Shithead lane, in Bumfuck Iowa."

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to Lockit)
Profile   Post #: 74
RE: Am I jaded? - 10/11/2009 9:56:23 PM   
Lockit


Posts: 11292
Joined: 5/7/2007
Status: offline 		LOL Dude.. you still can't get the story straight! lol I didn't pay a dime. I utilized a government site that provides court information and case history by name and date and all that public information. Get over it... Are you telling me that I cannot speak freely, without naming names, about an experience I had and how I dealt with it? Really? Then calling me a name?

You don't know all the facts and I will be damned if I am going to give them all here. Let's just say I covered my ass... as any lay person can do and had full rights to do so and will risk a legal challenge.

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!


(in reply to blackpearl81)
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RE: Am I jaded? - 10/11/2009 10:04:42 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: Lockit

LOL Dude.. you still can't get the story straight! lol I didn't pay a dime. I utilized a government site that provides court information and case history by name and date and all that public information. Get over it... Are you telling me that I cannot speak freely, without naming names, about an experience I had and how I dealt with it? Really? Then calling me a name?

You don't know all the facts and I will be damned if I am going to give them all here. Let's just say I covered my ass... as any lay person can do and had full rights to do so and will risk a legal challenge.


I don't give a flying rusty fuck if you paid a dime or not. Repeating information you found through a BG check is irresponsible. Doesn't matter if you specifically mentioned a name or not. Doesn't matter if its publicly available or not.

If another person is THAT curious about it, they can look it up their damn self.

The fact that you can find some miniscule piece of criminal history of mine, then squak about it & re-post it in public, is fucked up & irresponsible.

Maybe I should run a BG check on someone in your family, then repost the info on this site. 

Going by your chop logic, I should be able to repost ANY information I find of you/your family that came from a BG check, which would include addresses & telephone numbers.

< Message edited by blackpearl81 -- 10/11/2009 10:07:24 PM >

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to Lockit)
Profile   Post #: 76
RE: Am I jaded? - 10/11/2009 10:09:43 PM   
Lockit


Posts: 11292
Joined: 5/7/2007
Status: offline 		I don't care what you legally look up. I don't even care if you report on it... you wouldn't be the first reporter to report on my family. lol Political office will do that to ya... hell, even history books record it all. Would you like to know the name of the slave my fifth great grandfather... president of the USA had and had a family with? Oh.. and do you want the articles of me in the paper doing good deeds? Or how about the stuff on the freeway killer that got a member of my family?

Dude I do not live as a victim or in fear or afraid of anyone researching anything... they already have. So... no worries here.

So you have a real good night now... convict me... find me whatever.... it is your right and I don't care who you tell.

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!


(in reply to blackpearl81)
Profile   Post #: 77
RE: Am I jaded? - 10/11/2009 10:14:02 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: Lockit

I don't care what you legally look up. I don't even care if you report on it... you wouldn't be the first reporter to report on my family. lol Political office will do that to ya... hell, even history books record it all. Would you like to know the name of the slave my fifth great grandfather... president of the USA had and had a family with? Oh.. and do you want the articles of me in the paper doing good deeds? Or how about the stuff on the freeway killer that got a member of my family?

Dude I do not live as a victim or in fear or afraid of anyone researching anything... they already have. So... no worries here.

So you have a real good night now... convict me... find me whatever.... it is your right and I don't care who you tell.


Congratulations. You did a good deed & got your name in the paper.

Big deal. Been there, done that, got the cookie, the shirt, & the medal. I saved my neighborhood from a wildfire back in '99 when I lived in Florida. What's your point?

You may not care who I tell.... but I can guarentee you, that you'd care if you started getting creepy ass calls in the middle of the night from some random dipfuck who wanted to murder your kids, because... *gasp* some dipshit released info on the web that they got from a BG check.

Don't tell me you wouldn't.

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to Lockit)
Profile   Post #: 78
RE: Am I jaded? - 10/11/2009 10:18:23 PM   
Lockit


Posts: 11292
Joined: 5/7/2007
Status: offline 		Are you calling me names again? Just checking... I said you have a good night now... now I will say good night to you. I am done.

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!


(in reply to blackpearl81)
Profile   Post #: 79
RE: Am I jaded? - 10/11/2009 10:27:39 PM   
blackpearl81


Posts: 506
Joined: 8/30/2005
From: Home of the Yankees
Status: offline
quote:

ORIGINAL: Lockit

Are you calling me names again? Just checking... I said you have a good night now... now I will say good night to you. I am done.


Goodnight.

_____________________________

~ Karma. Being a motherfucker since 1981 ~

Ms. Pacman was the greatest prostitute that ever lived. For 25 cents, that bitch swallowed balls 'till she died.

(in reply to Lockit)
Profile   Post #: 80
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