Stormrage opened this issue on Aug 18, 2002 ยท 55 posts
Blacksteel posted Tue, 20 August 2002 at 1:22 PM
Hello, Im just reading this thread as well, and seeing where this is really leading up to. Stormrage, before you get all fixed on your "Wadging your Storm Rage" on this individual, you need to understand a few things first. You are not really going to have your day in court, well not unless your in some very small town that BOTH partys live in. (Whats the chance of that happening?) and second it will cost you more than it's really worth, as there is no monitary gains from a lawyers perspective, you will need to fill that gap with a retaners fee. Typicaly anywhere from $300.00 to $500.00 and that usualy covers just a coraspondance. I have a strong Legal background. And "Slander" is not really a heavy case load in todays court systems. Besides the fact that you have no real proof of "assessment of damages", and there is no insurance based for your company, and you have not had a projected sales meeting in months, im guessing. So the profitability of loss is not going to be somthing that is of any "Proof of loss value". You can attempt to sue for personal damages, but again that will be very hard to proove, and its usualy thrown out, or not even heard from the judges point of view. (Judges DO review cases beforehand.) I don't want to sound unfeeling to your situation, but in reality there is really nothing that can be done here. The Internet laws are not being written, and MOST U.S. Courts will not even hear cases on Internet situations unless it is brought to the attention of the courts by a federal investigation, or city investigation for some (typicaly) major crimes. And this last part is the real stickler, if someone has sent an e-mail to another individual, its of a personal nature, and is subjected to freedom of speech, therefore there is no basis of any case. In further, though someone might have a bad meaning towards you. It is their right to have one. There is no law in the United States, that says you must be kind to all. If someone has a website, or is publicly cybersquating on a webdomain, or somehow trying to pass themselves off as you, then you have a case. Otherwise, direct comparisons of "someones work" vs "Stormrage's works" is completely leagal. Lastly, though it is not any of my buisness, you will open yourself for further investigation by the state (you live in), if you are selling goods over the internet, and not paying taxes for your given state, some states even require you to have a buisness licence if you clear over $150.00 per year, some states even less.. Remember those rich people who did not pay taxes for the babysitter? Those rules can somtimes bite you back when you open the gates of the law into your lives. Many new users here have purchased Programs like photoshop or even Poser under the use of Student's, It is Illegal to make a profit from any student version of a program. And you could also open yourself to litigation from a software vendor, if you fall into that catagory. Personaly, I would seek to settle it in the form of an e-mail, and hope for the best. But if you have a personel laywer, then ask him or her of the "validity of the case", im quite sure you will see the similaritys to my statements and your legal helps opinion will be just about identical. " No one ever said 'Justice' was 'fair' " ~Blacksteel