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Booche

KK is famous

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No shit. wow. This guys crackers right?

Hey Kev, I know a few people...and how to make a great shank. Seriously though, hope all works out for ya.

Hahahahhahahha, we're being watched, now the whole internet is going to know about my 4.5 erection.

Meh, I saw a facebook group about that.

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It's a pretty damn good example of making things worse. They bullied websites to take down posts and deliver personal info, then they went and filed in the court which made the same info they were trying to bury public and now it's everywhere.

Incidentally, there is a blogger who received the same letter that I did and he had a few things to say about the latest news.

http://www.torontomike.com/2013/04/brian_burkes_defamation_lawsui.html

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Guest Low Roller

Brian Burke Sues Online Commenters Who Said He Was Maple Leafs GM

Hockey executive Brian Burke filed a defamation suit on Wednesday against online commentators who allegedly “spread lies over the internet†that Burke was recently the general manager of the Toronto Maple Leafs.

Shortly after a 4-1 thumping at the hands of the Boston Bruins in Game 1 of their first-round NHL playoff series, Burke announced that he was “sick and tired of having his name dragged through the mud†and that he had filed a statement of claim alleging that 1.4 million anonymous internet commenters had falsely written he had an ongoing relationship with the Toronto Maple Leafs from 2008 until January this year.

“These hurtful allegations have damaged by reputation,†said Burke, who is a scout for the Anaheim Ducks.

The statement of claim also says that Burke never gave an extension to former Maple Leafs coach Ron Wilson, and that Burke has “never heard of Phil Kessel.â€

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I'm guessing by his absolute silence thus far, that someone is advising him already.

Can you enlighten us as to whether this case has any merit?

This isn't the kind of law I practice, so I really don't know for sure. I do know that there have been similar cases in recent years - "Officer Bubbles" suing YouTube and users who posted comments after the G20 comes to mind - and that the courts and legislators haven't yet done much to keep the law current with these sorts of claims.

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Question: if you can defame someone on the internet, should they be able to sue you over the internet? Grouchy former Leafs GM Brian Burke intends to find out. His lawyers are set to appear in B.C. Supreme Court in Vancouver today, where they will argue that Burke should be able to serve notice of his defamation lawsuit against pseudonymous members of various internet forums by means of those forums themselves. “Ding! You’ve… got… mail.â€

Early commentary on Burke’s lawsuit over claims he had an affair with a broadcaster was focused on the difficulty of tracking down internet anonymice and serving them with the right papers. The established pathway is to go through internet service providers to get them to disclose the identities behind IP addresses—but privacy-conscious tech firms don’t like to give up that info without a court order, and if Johnny Flapgums did not happen to post from home or work, a plaintiff is more or less out of luck anyway. In an unforeseen development, Burke is now asking the court to let him sue internet usernames as usernames, notifying the users of the action through the personal-messaging apparatus of the sites on which they posted their allegedly scurrilous comments.

If Burke succeeds with today’s motion, defendants such as “CamBarkerFan†and “Slobberface†will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defence.

Read more: http://www2.macleans.ca/2013/05/28/burke-v-trolls-just-got-interesting/

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Isn't the point of "serving notice" is to have some aspect non-repudiation involved? That the person cannot reasonably deny that they have been served?

My knowledge on this is based entirely on episodes of the Rockford Files and Night Court.

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Guest Low Roller

Well no, we are discussing facts about the case. There is nothing defamatory about that. What is more noteworthy is the precedent this sets.

I'm coming for you Booche!

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Yeah, I certainly wasn't implying that any of us are subjecting ourselves to any civil liability. I just think that while a lawsuit is pending against one of our peers for something that he said on this forum, very little good can come from discussing it publicly here. It also feels a little bit odd to be discussing it without Kanada Kev being able to weigh in.

To each his own, but I won't be posting in this thread again.

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