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CA Court: Message Boards Are Opinions, Not Facts

Masem writes: "According to this Newsbytes story, a CA appeals court has issued a ruling that says that typical messages posted to internet message boards can not be considered as libel or slander, as they inheritently are framed as opinions and not as statements of fact. The case stems from rather negative comments posted by defendants about a computer reseller company on the internet; the company sued for libelous comments; lower courts did initially rule for the company, but the appeals court has overturned this. While not every message posted in a public forum is safe, the court's decision seems to convey that unless the message is framed as a form of fact, then any message posted to a public internet forum should be considered as opinion, and thus cannot be considered as a libelous comment."

21 of 297 comments (clear)

  1. Yipee! by Phoenix · · Score: 2, Funny

    Now we can really bash who the heck we want with no fear of reprisals...as long as we don't say anything to make anyone think that we're stating a fact.

    Bill Gates Beware [insert evil grin here]

    --
    -- Wiccan Army, 13th Airborne Division "We will not fly silently into the night"
  2. New disclaimer: by rjamestaylor · · Score: 5, Funny
    "Comments are owned by the Poster."

    Change to

    "Comments are Opinions owned by the Poster."
    Besides, the best defense may just be, "Hey, this is Slashdot -- you were expecting facts?"

    ;-)

    --
    -- @rjamestaylor on Ello
    1. Re:New disclaimer: by hacker · · Score: 2, Funny

      This product is meant for educational purposes only. Any resemblance to real persons, living or dead is purely coincidental. Void where prohibited. Some assembly required. List each check separately by bank number. Batteries not included. Contents may settle during shipment. Use only as directed. No other warranty expressed or implied. Do not use while operating a motor vehicle or heavy equipment. Postage will be paid by addressee. Subject to approval. This is not an offer to sell securities. Apply only to affected area. May be too intense for some viewers. Do not stamp. Use other side for additional listings. For recreational use only. Do not disturb. All models over 18 years of age. If condition persists, consult your physician. No user-serviceable parts inside. Freshest if eaten before date on carton. Subject to change without notice. Times approximate. Simulated picture. No postage necessary if mailed in the United States. Breaking seal constitutes acceptance of agreement. For off-road use only. As seen on TV. One size fits all. Many suitcases look alike. Contains a substantial amount of non-tobacco ingredients. Colors may, in time, fade. We have sent the forms which seem to be right for you. Slippery when wet. For office use only. Not affiliated with the American Red Cross. Drop in any mailbox. Edited for television. Keep cool; process promptly. Post office will not deliver without postage. List was current at time of printing. Return to sender, no forwarding order on file, unable to forward. Not responsible for direct, indirect, incidental or consequential damages resulting from any defect, error or failure to perform. At participating locations only. Not the Beatles. Penalty for private use. See label for sequence. Substantial penalty for early withdrawal. Do not write below this line. Falling rock. Lost ticket pays maximum rate. Your cancelled check is your receipt. Add toner. Place stamp here. Avoid contact with skin. Sanitized for your protection. Be sure each item is properly endorsed. Sign here without admitting guilt. Slightly higher west of the Mississippi. Employees and their families are not eligible. Beware of dog. Contestants have been briefed on some questions before the show. Limited time offer, call now to insure prompt delivery. You must be present to win. No passes accepted for this engagement. No purchase necessary. Processed at location stamped in code at top of carton. Shading within a garment may occur. Use only in well-ventilated area. Keep away from fire or flame. Replace with same type. Approved for veterans. Booths for two or more. Check here if tax deductible. Some equipment shown is optional. Price does not include taxes. No Canadian coins. Not recommended for children. Prerecorded for this time zone. Reproduction strictly prohibited. No solicitors. No alcohol, dogs, or horses. No anchovies unless otherwise specified. Restaurant package, not for resale. List at least two alternate dates. First pull up, then pull down. Call toll free before digging. Driver does not carry cash. Some of the trademarks mentioned in this product appear for identification purposes only. Record additional transactions on back of previous stub. Decision of judges is final. This supersedes all previous notices.

  3. Yeah, but... by cburley · · Score: 5, Funny
    isn't this ruling just one court's opinion??

    --
    Practice random senselessness and act kind of beautiful.
    1. Re:Yeah, but... by Theodore+Logan · · Score: 2, Funny

      Yep, I'd say it is. But of course, that's just my opinion.. =)

      --

      "If you think education is expensive, try ignorance" - Derek Bok

  4. IMHO by pete-classic · · Score: 4, Funny

    Note to self: start every comment "IMHO . . ."

  5. new UBB tag by LMCBoy · · Score: 3, Funny

    How about a new tag for HTML/UBB/whatever:

    <fact>Linux rules, M$ drools!</fact>

    This tag would lend the enclosed text more credence, but also hold the poster responsible for its content.

    heh.

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  6. this will help FC by studboy · · Score: 2, Funny

    the feverish oversugared lawyers at PrintCafe are trying to sue our favorite dotbomb news site to get real names of .. "Ex-DLJ", "sucky-me", and "idiot". No joke. Seems they posted some stuff that printcafe no like, and therefore they're trying to get FC's nonexistant posting logs.

  7. Re:So much for by Anonymous Coward · · Score: 1, Funny
    Heh.

    New Slashdot Moderation System:

    (+1, Nice Opinion)
    (+1, Almost sounds like a fact!)
    (-1, Diagree with this opinion)
    (-1, IMHO, You Suck!)
    (-1, You can't say that about CmdrTaco!)
    (+1, Oh yes he can!)

  8. /. is still safe by EccentricAnomaly · · Score: 5, Funny

    Deep, Deep, down in the sprawling dungeons below Redmond, Washington:

    "Yes, Yes, my precious"

    "Uhhh... Mr. Gates?"

    "WHAT are you doing here!"

    "Uhhh... sir, I was sent my the legal team... ya know, Nazgul, Balrog, & son... it seems a court ruling in California put a crimp in our plan to rid oursleves of that vile website, slash-"

    "DON'T say that word!! ...well, I guess we need to go to plan B... Send forth the flying monkeys!! Muhahaha!!"

    "Uh, sir.. we don't have any flying monkeys... all we have is Dancing Monkey boy..."

    "Crap... forget this, I'm just going to stay down here and play with my invisibility ring"

    --
    There are 10 types of people in this world, those who can count in binary and those who can't.
  9. Rational dudes? by KarmaBlackballed · · Score: 3, Funny

    I checked the date, but today is not April 1st. How is it possible that there are two postings on Slashdot today where California, the state with blackout summers and crazy laws, has issued court rulings that make sense! This is crazy. The world must be ending.

    If this shows a trend, I may have to move out that way.

    --

    --- -- - -
    Give me LIBERTY, or give me a check.
  10. Re:It's a two-fer day! by DrSkwid · · Score: 2, Funny

    it's better than that

    this month is a blue moon

    so you can say "two sensible court rulings on the same day only come round once in a blue moon"

    (a blue moon is when two full moons occur in the same month)

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  11. Huh by BillyGoatThree · · Score: 3, Funny

    IANAL, but I bet this means we can all stop saying "IANAL".

    --
    324006
  12. fsck'ed company by mangu · · Score: 2, Funny

    A company that's always checking their file systems must have pretty good records of everything.

  13. Re:Good news for Fuckedcompany.com by Anonymous Coward · · Score: 1, Funny

    I was just checking out Pud's book on amazon.

    On that page:

    Customers who shopped for this item also shopped for these items:

    Wyco 992A-EH-10 10' Concrete Vibrator with 1-1/16" Head by Wyco

    :-)

  14. Re:hehe... by optikSmoke · · Score: 2, Funny

    Yeah......something like:


    It is my opinion that the following code might unlock DVDs: (Insert DeCSS code here)

    I'd like to see someone try that one!

  15. Have a nice day. by rice_burners_suck · · Score: 3, Funny

    Disclaimer: The following comments represent opinion only and should NOT be regarded as statements of fact, slander or libel:

    Microsoft SUCKS ! Windows SUCKS ! MSN SUCKS ! Internet Explorer SUCKS ! Passport SUCKS ! .NET SUCKS ! [insert name of Microsoft product here] SUCKS !

    The following, however, are statements of fact:

    Linux ROCKS! FreeBSD ROCKS! NetBSD ROCKS! OpenBSD ROCKS! Darwin ROCKS! Amiga ROCKS! BeOS ROCKS! IceWM ROCKS! vi ROCKS! Opera for Linux ROCKS! Qmail ROCKS! csh ROCKS! [insert name of UN*X program here] ROCKS!

    Oh well.

    1. Re:Have a nice day. by epyx · · Score: 2, Funny

      I really hope you didn't use Front Page to post that comment.

  16. Re:Good news for Fuckedcompany.com by Fesh · · Score: 2, Funny

    Uh... *wibbles*

    Is that... Is that 10' vibrator made of concrete, or a 10' device for vibrating concrete? Beeeeeg Deeference. Although both peg my silliness meter...

    *wibbles some more*

    --
    --Fesh
    Kill -9 'em all, let root@localhost sort 'em out.
  17. Re:Thank heavens! by Purificator · · Score: 2, Funny

    worth changing my signature over.

    still, it's only california. there are, what, like twenty more states?

    --
    "Mister Potato-head --MISTER POTATO-HEAD! Backdoors are not secrets!" (War Games, 1983)
  18. Am I the only one .... by thumbtack · · Score: 2, Funny

    that sees the irony in the fact that court decisions are called opinions and not facts? If I am, it must be the caffeine...