<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	>
<channel>
	<title>Comments on: You may be sued</title>
	<atom:link href="http://awads.net/wp/2005/08/31/you-may-be-sued/feed/" rel="self" type="application/rss+xml" />
	<link>http://awads.net/wp/2005/08/31/you-may-be-sued/</link>
	<description>News, views, tips and tricks on Oracle and other fun stuff</description>
	<pubDate>Thu, 07 Aug 2008 23:32:44 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.5</generator>
		<item>
		<title>By: Don Burleson</title>
		<link>http://awads.net/wp/2005/08/31/you-may-be-sued/#comment-141</link>
		<dc:creator>Don Burleson</dc:creator>
		<pubDate>Thu, 01 Sep 2005 14:49:26 +0000</pubDate>
		<guid isPermaLink="false">http://awads.net/wp/?p=122#comment-141</guid>
		<description>Interesting topic!

In traditional print publishing, the editor is legally responsible for what he puts in the paper, regardless of whether they wrote it.  That is why they do careful fact-checking before printing letters to the editor. . . . 

It will be interesting to see if the courts apply the same standards of journalism to web publishing, like forums and blogs.

It looks like the liability for defamation can depend on the country where the parties live:

http://dba-oracle.com/oracle\_news/2005\_9\_1\_liable\_blog\_comments.htm

For example, this Australian libel web site notes that linking-to or otherwise republishing a libel, is itself a libel:

In principle republication of a defamatory statement is itself a libel. 

It is no defence to say that what is published is merely a repetition of a statement that was previously published and that did not incur prosecution. In principle every person who repeats or republishes a defamatory statement faces the same liability. . . 

Australian law is an adversarial system, in which a defamatory statement is assumed to be false and must therefore be defended. Truth was allowed as a defence in defamation for first time in the UK under the 1835 Libel Act but - in practice - using that defence can be difficult.</description>
		<content:encoded><![CDATA[<p>Interesting topic!</p>
<p>In traditional print publishing, the editor is legally responsible for what he puts in the paper, regardless of whether they wrote it.  That is why they do careful fact-checking before printing letters to the editor. . . . </p>
<p>It will be interesting to see if the courts apply the same standards of journalism to web publishing, like forums and blogs.</p>
<p>It looks like the liability for defamation can depend on the country where the parties live:</p>
<p><a href="http://dba-oracle.com/oracle" rel="nofollow">http://dba-oracle.com/oracle</a>\_news/2005\_9\_1\_liable\_blog\_comments.htm</p>
<p>For example, this Australian libel web site notes that linking-to or otherwise republishing a libel, is itself a libel:</p>
<p>In principle republication of a defamatory statement is itself a libel. </p>
<p>It is no defence to say that what is published is merely a repetition of a statement that was previously published and that did not incur prosecution. In principle every person who repeats or republishes a defamatory statement faces the same liability. . . </p>
<p>Australian law is an adversarial system, in which a defamatory statement is assumed to be false and must therefore be defended. Truth was allowed as a defence in defamation for first time in the UK under the 1835 Libel Act but - in practice - using that defence can be difficult.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Eddie Awad</title>
		<link>http://awads.net/wp/2005/08/31/you-may-be-sued/#comment-133</link>
		<dc:creator>Eddie Awad</dc:creator>
		<pubDate>Wed, 31 Aug 2005 17:40:16 +0000</pubDate>
		<guid isPermaLink="false">http://awads.net/wp/?p=122#comment-133</guid>
		<description>Slashdot has picked up the story too and is currently being discussed to death. Check it out [here](http://yro.slashdot.org/article.pl?sid=05/08/31/1427228).</description>
		<content:encoded><![CDATA[<p>Slashdot has picked up the story too and is currently being discussed to death. Check it out [here](http://yro.slashdot.org/article.pl?sid=05/08/31/1427228).</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: David</title>
		<link>http://awads.net/wp/2005/08/31/you-may-be-sued/#comment-132</link>
		<dc:creator>David</dc:creator>
		<pubDate>Wed, 31 Aug 2005 14:36:29 +0000</pubDate>
		<guid isPermaLink="false">http://awads.net/wp/?p=122#comment-132</guid>
		<description>I'm no lawyer but I think anytime you see comments that say "ex-employee" or something to that effect you might be opening yourself up to potential problems.  It would seem to indicate you've done something to validate their claim of employment.

Also if someone says - hey don't use my name - it could mean a few things none of which are good and none of which you want to put yourself in the middle of.</description>
		<content:encoded><![CDATA[<p>I&#8217;m no lawyer but I think anytime you see comments that say &#8220;ex-employee&#8221; or something to that effect you might be opening yourself up to potential problems.  It would seem to indicate you&#8217;ve done something to validate their claim of employment.</p>
<p>Also if someone says - hey don&#8217;t use my name - it could mean a few things none of which are good and none of which you want to put yourself in the middle of.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
