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CRICE Corporation Vigilance Infinitas
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Posted - 2007.05.30 18:11:00 -
[1]
OK, I understand there has been a disagreement over CCP's internal investigation, but unless someone can link to some evidence that legal threats have actually been made people need to STFU. Seriously, ****.
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Posted - 2007.05.30 18:25:00 -
[2]
Well, yes there is. I don't agree with all the complaints about CCP but that's all people did was complain about the ethics of devs joining player corps.
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Posted - 2007.05.30 18:28:00 -
[3]
Originally by: KeratinBoy
Originally by: Miriyana wtf, since when is CCP getting lawyers out?
The relevant part from Arkanon's blog -
The fact that this attack took place over a holiday weekend was especially revealing of motive, which we believe was specifically by design to ensure that CCP would not be able to react as fast and efficiently as we would under normal circumstances. The allegations investigated above by this internal affairs department will also be examined by our legal resources, as we do not intend to sit idly by while our servers, community and reputation are under attack.
That's a long way from saying they are going to sue. But at least that clarifies the situation, CCP is looking at legal action against the accusers. It's an empty threat though, considering CCP would have no case.
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CRICE Corporation Vigilance Infinitas
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Posted - 2007.05.30 18:33:00 -
[4]
Edited by: Through Actions on 30/05/2007 18:33:35
Originally by: Broska
Originally by: Through Actions
Originally by: KeratinBoy
Originally by: Miriyana wtf, since when is CCP getting lawyers out?
The relevant part from Arkanon's blog -
The fact that this attack took place over a holiday weekend was especially revealing of motive, which we believe was specifically by design to ensure that CCP would not be able to react as fast and efficiently as we would under normal circumstances. The allegations investigated above by this internal affairs department will also be examined by our legal resources, as we do not intend to sit idly by while our servers, community and reputation are under attack.
That's a long way from saying they are going to sue. But at least that clarifies the situation, CCP is looking at legal action against the accusers. It's an empty threat though, considering CCP would have no case.
And your expert legal opinion and knowledge on this is?
Equal to yours. I studied enough business law in college to know the basics of contract law, international law, and defamation lawsuits. In the United States such lawsuits are notoriously difficult to prosecute and usually end up hurting the company doing the suing.
CCP may have more success in European courts where governments have less of a problem censoring their people, however in America and internationally it is extremely unlikely that CCP would get anything, including an injunction out of a lawsuit.
EDIT: By the way, CCP knows this which is why this is an empty threat. They simply want to scare people away from damaging their brand, and for that I do not blame them.
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CRICE Corporation Vigilance Infinitas
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Posted - 2007.05.30 18:36:00 -
[5]
Originally by: Jesters Knight
Originally by: Lyn Bunnions This is bull****. If it wasn't bull**** the only court this would likely be fought in would be a US court. In a US jury court CCP would lose and probably be bankrupted by the penalties they were forced to pay. Therefore this is bull****. Nice troll though.
not if they could prove it, and the legal system in the US is such that nobody would ever pay anything, it would take 20 years to sort out
Unfortunately you're right about that. In the US we don't have a "loser pays" system so you can sue till you're blue in the face on no merit cases and still not owe the other side anything. On the other hand attorney's fees are KILLER, so maintaining a lawsuit is equally challenging.
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Posted - 2007.05.30 18:48:00 -
[6]
Originally by: Nicorn Edited by: Nicorn on 30/05/2007 18:42:17
Quote:
CCP may have more success in European courts where governments have less of a problem censoring their people, however in America and internationally it is extremely unlikely that CCP would get anything, including an injunction out of a lawsuit.
Witch governments are you referring to? Because it is most certenly not the danish government look at the "cartoon diplomatic crisis"
Personally I am aware of French and British laws which can be quite restrictive on freedom of speech if it is defaming of someone else.
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CRICE Corporation Vigilance Infinitas
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Posted - 2007.05.30 19:01:00 -
[7]
Edited by: Through Actions on 30/05/2007 19:01:30
Originally by: Imperator Jora'h
Originally by: Through Actions Equal to yours. I studied enough business law in college to know the basics of contract law, international law, and defamation lawsuits. In the United States such lawsuits are notoriously difficult to prosecute and usually end up hurting the company doing the suing.
CCP may have more success in European courts where governments have less of a problem censoring their people, however in America and internationally it is extremely unlikely that CCP would get anything, including an injunction out of a lawsuit.
EDIT: By the way, CCP knows this which is why this is an empty threat. They simply want to scare people away from damaging their brand, and for that I do not blame them.
Go back and check your law books.
Defamation occurs when those committing the act do so:
1) Without a good faith belief in the truth of the statement; or 2) Without reasonable grounds for believing the truth of the statement; or 3) With a motive or willingness to vex, harass, annoy, or injure you; or 4) Is exaggerated or not fully or fairly stated; or 5) The result of a reckless investigation; or 6) Motivated by hatred or ill will towards you.
Looks to me like Goons crossed the line several places. A callous disregard for the truth is enough.
What's more, and here's the real kicker:
- You do not have to prove damages in a defamation case as damages are assumed (so CCP need not figure out how many people left for instance to show a specific damage). - Each repetition of a defamatory remark is a new injury. This means that you can obtain damages for each time the defamatory statement is repeated.
That last is a rough one...how many times did Goons post? 4,000? That makes 4,000 individual instances of defamation each considered a separate injury to CCP.
As for Goons countersuing? I'd really like to see for what. Even if Devs were sitting in Jita spawning Titans for BOB and insta popping all other alliances' POS there is nothing illegal about that. It's their game. They own it. They can do what they like. It would be stupid of course but not illegal.
Bingo, "Without a good faith belief in the truth of the statement" how the hell does anyone prove that? Unless CCP can show the statements were false and malicious they have no case. If these laws were as straightforward as that Wal-Mart would be winning cases left and right.
A callous disregard for the truth IS NOT ENOUGH. CCP would have to prove that the complainers knew their complaints were untrue, but even that does not matter. There is a little things called the first amendment which protects even the most outragous speech in the US.
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CRICE Corporation Vigilance Infinitas
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Posted - 2007.05.30 19:05:00 -
[8]
Originally by: Sekket
Quote: First people try to work the devs personal "pay" accounts out of the game at any cost and now you want CCP to tell them who they can and cannot communicate with at any time during their employment?!
Have you ever heard of a crime called insider trading? Look it up.
Yes and that's not insider trading. Insider trading has only to do with securities such as stocks, not game assets. http://www.sec.gov/answers/insider.htm
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