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Can a Blogroll Be Defamatory?
An anonymous reader clues us that the wildly litigious Canadian Wayne Crookes, who has been suing the Internet for defamation, has added Michael Geist to his hit list. Geist is a well-known Canadian law professor and blogger. His offense: linking on his blog to site that links to another site that contains material allegedly of a defamatory nature. (Others would characterize that material as historical facts about Crooks's tenure at the helm of the Canadian Green Party.)
everyone repost the articles in question. lets see him sue everyone. douche bags like him need to be taught the lesson that the courts are NOT there to shut people up who simply don't like you or disagree with your world view.
If you mod me down, I will become more powerful than you can imagine....
I once had the misfortune to work for a company where the CEO was a litigious [noun censored]. This is not good when you are (in my case) Company Secretary. Basically he used to put together a convincing sounding scenario of what he claimed had happened, consult a lawyer, be told we had a good chance of winning. The lawyer would then ask me, as CS, to submit the documents in the case and I would have to tell him that they said something different or did not exist. The lawyer would then tell the CEO to forget it, and the CEO would vow never to work with that bent lawyer again, especially when the bill arrived. This happened with increasing frequency after he actually won a case which, in fact, was really the other side's fault and was clear cut. The one thing he never for one moment considered was that he might be wrong.
The simple fact is, and I take no credit for saying it because any CS would have done the same, without intervention he would have bankrupted to company and not cared, because all he was interested in was having his own way.
I've since learned it is not an uncommon personality type. I think it has much in common with compulsive gambling and drug addiction.
Not, of course, that I would for one microsecond suggest that it has any bearing on this case, except to demonstrate that you cannot assume that losing cases and paying costs will deter litigious people.
Pining for the fjords
I don't know about Canada, but in Denmark the accuser has to pay what the judge estimates the defense ought to cost, not the actual cost. So if your lawyer is any good, you will have to pay most of his salary yourself, even if you win.
I thought it was the same way in American Courts as well?
I seem to remember it used to be.
But then again, I was stopped at a stoplight in broad daylight and got hit by a lady in a very nice new cadillac. She not only didn't see me and just failed to stop in time, she never had the brakes and hit me so hard I slid forward as she bounced off my Jeep's rear spare and managed to hit me again. All of this was of course in front of a hospital. So the ambulance arrived and they insisted my neck was tender enough I need to get it x-rayed. So as the police arrive late, I leave my license, registration and insurance on the seat while the EMTs take me away on the board. The cop stops us at the ambulance and says my insurance isn't there. The EMTs push me back over and the wind blew it over onto the passenger seat, where I can't reach because I'm taped down. Plus the EMTs are pushing me to get to the hospital ASAP because I have a history of pain complications making me barf. So I point at it and he says "sorry lady, you have to hand it to me, i'm citing you for failure to prove insurance". He tickets me and sticks it under my neckbrace. I'm like wtf silently? In the ambulance the guys explain to me that the lady who hit me is the widow of a fireman. They tell me that its a loyalty thing, cops and fireman stick together so he has to give me attitude.
Three weeks later in court with my letter to prove I had insurance. I'm sitting up front waiting for my turn, its the time I was given to show up. The DA calls a familiar name. Its the lady that hit me. (She never bothered to get out of her car to see if I was alright, btw.) I'm in a freaking neck brace because she herniated a disc. So she goes up to the DA and starts crying about her former husband, and tells him she didn't see me at the stop light because the sun was too bright. BS she coming at me from under an overpass. She is only 4 feet tall though. She might not be able to see over her caddy's dashboard. The DA hugs her and says he won't charge her because of her husbands loyal duty to the city of Aurora. He then asks her if she can afford her court costs of $60. She starts crying and tells him no, that since her husband has been gone, she can't make ends meet. (except for that fancy loaded Caddy out there) and firemen get a pretty good pension in CO too, so I think she was just greedy. The DA says ok, don't worry, we'll work it out, you go home and rest up. Then he calls my name.
His demeanor changes. He tells me that I was driving without proof of insurance and will have two points removed from my license for a year unless i have a letter to prove otherwise. I show him the letter and he begrudingly accepts it. He lectures me that leaving a license, registration or insurance card on a seat for a police officer to pick up is not allowed. I must hand them to the officer. I interrupted to explain the situation with my injury, and he said that doesn't matter--you are still obligated to hand all three to the officer. So I asked the DA, if I'm unconscious and bleeding to death shall I have someone staple them to my hand? He got pissed but so was I at this point.
I said, I read the police report, I went and got a copy of it under the freedom of information act. The lady that hit me has a record of several reckless driving warnings recently and she failed to prove any insurance at the scene of the accident. The police officer not only didn't ticket her for that, but he let her off for reckless driving because she's a widow of a firefighter. Now, I respect what her husband did for Aurora, but I don't think she should get treated differently than I do. Especially if she is endangering other's health with her careless driving, and has no insurance to help pay for damages she causes. She has no insurance. He agreed to that. But then he said. She is on a fixed income, whereas Ms. XXXXX you are making a generous income and so I am going to require you to pay both parties court costs
~WBGG~ "And I'm so sad like a good book I can't put this Day Back a sorta fairytale with you" ~Tori Amos
If you don't mind me saying so, and chances are you're probably going to be offended, but here it goes. It was stupid to sign that, agreeing you will pay. You should have fought the case. It would have been honorable to fight the system. By signing it, weren't you admitting you were in the wrong, not them?
If no one bothers fighting a corrupt system, they are essentially justifying what they are doing. With numbers, the system will change. If everyone who is wronged stands up for what is right, instead of doing what is easy, things will have to change because it is too big to ignore.
I'm not sure if its called a countersuit, I'll ask my sister who is a DA and reply.
And I agree, It was stupid to sign it, because yes, it basically admitted I was less financially burdened than she was. I didn't sign anything saying I was at fault for the accident though or that I wasn't insured. Who knows, maybe the car she was driving was some rich friend's car. Maybe she is burdened and her firefighter husband didn't get his pension because of some other factors I don't know of. I made my point to the DA in very loud voice in front of a court room full of people that were bored and several of them were paying attention. No thats not an excuse for fighting the system, but in truth, I was working half time because I suffer from severe treatment resistent depression. That makes it hard enough for me to stand up for what I believe in.
I chose the easy path because most of the time its all I can do to make it through the day and get my job done before falling apart and going to bed. I spend so much time fighting my disease I didn't have enough fight left to do what I would have done before the disease changed me.
Your points are important none-the-less. Even though I couldn't make the difference, I don't think everyone takes the attitude that "why bother, I'm only one person". My sister certainly didn't, she went and got a law degree. She became part of the system in the hopes to change it that way. And I admire the hell out of her for that. She's darn good at what she does.
When I finally get well enough from this disease to start functioning better, I will stop putting up with crap like that, because I agree full-heartedly with your final statement. If I happen to get chosen to moderate in the next 12 hours I'll mod your post up as insightful too.
Thanks for the info and insight and reading my dang long post. I'd send you a cyber Guinness or drink of your choice if I could.
~WBGG~ "And I'm so sad like a good book I can't put this Day Back a sorta fairytale with you" ~Tori Amos
You just didn't prepare well enough. Almost the same thing happened to me so when the DA got on his high horse I began to read the police report in open court in a very derisive tone. The DA objected and then told me that he's drop all charges if I would pay court costs and I very loudly asked him if he was soliciting a bribe. He got very angry and said then lets take this to trial. At this point the judge intervened and reamed the DA a new one and loudly proclaimed "Case dismissed."