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Serious Discussion About LinC


Bob Ward

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mpt1947

Here's my challenge to you- show me even just one court case in this country where a poster on a forum was charged with an offence- or even sued civally over such a post . Any time- anywhere- in this country.

 

If you can do that I will change my opinion of your statement from "paranoid" - to pragmatic ! lol

 

 

No, I am not going to do that - because first I don't care -

 

Secondly, I have a Godson who is PO2 in the PNP and the Godfather of my son is a senior official in Mandaue - I am not going to say anything publicly that may embarrass them in any way, shape, or form - not that what I say or may not say is something that most people hold their breaths waiting for me to speak.

 

And thirdly I don't think I made a statement - I think I defended a position held by the Founder of this Forum - he does not want anything that is or could be misconstrued as libelous to be discussed on this board -

 

May I suggest, if this issue is so important to you, that you sue Paul, other administrators, moderators and other forum members from stifling your freedom of speech and written word, by throwing out the threat of libel.

 

How is that for pragmatism for you? biggrin_01.gif

Edited by mpt1947
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Jess Bartone

Here's my challenge to you- show me even just one court case in this country where a poster on a forum was charged with an offence- or even sued civally over such a post . Any time- anywhere- in this country.

 

I seem to remember you stated you're a lawyer? In that case, I'm sure you would be familiar with the legal term "Precedent". Precedents are often followed by an endless string of band wagon jumpers. Let's not set a precedent.

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Kahuna

I seem to remember you stated you're a lawyer? In that case, I'm sure you would be familiar with the legal term "Precedent". Precedents are often followed by an endless string of band wagon jumpers. Let's not set a precedent.

 

 

Exactly!!Good point Jesse.I'm not sure why anyone here that has any respect for this forum would even think of taking the chance of putting our host in jeopardy or supposed jeopardy.It shows a lack of concern for others.

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Mailman

Here's my challenge to you- show me even just one court case in this country where a poster on a forum was charged with an offence- or even sued civally over such a post . Any time- anywhere- in this country.

 

Aquino vs. RP Nuclei Solutions

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Davaoeno

wow ! where do you get your suggestions re how to proceed in legal matters- hopefully not from the attorney that you use ! You suggest going to court and suing people for " stifling freedom of speech " ??? Thats sure a new one to me . If thats what you call pragmatic ?????

 

No, I am not going to do that - because first I don't care -

 

Secondly, I have a Godson who is PO2 in the PNP and the Godfather of my son is the Chief of Police in Mandaue - I am not going to say anything publicly that may embarrass them in any way, shape, or form - not that what I say or may not say is something that most people hold their breaths waiting for me to speak.

 

And thirdly I don't think I made a statement - I think I defended a position held by the Founder of this Forum - he does not want anything that is or could be misconstrued as libelous to be discussed on this board -

 

May I suggest, if this issue is so important to you, that you sue Paul, other administrators, moderators and other forum members from stifling your freedom of speech and written word, by throwing out the threat of libel.

 

How is that for pragmatism for you? biggrin_01.gif

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Thanks Mailman.

 

Aquino vs. RP Nuclei Solutions

 

snapback.pngJesse, on 10 March 2011 - 04:11 PM, said:

 

I seem to remember you stated you're a lawyer? In that case, I'm sure you would be familiar with the legal term "Precedent". Precedents are often followed by an endless string of band wagon jumpers. Let's not set a precedent.

 

Thank you Jesse

 

 

Exactly!!Good point Jesse.I'm not sure why anyone here that has any respect for this forum would even think of taking the chance of putting our host in jeopardy or supposed jeopardy.It shows a lack of concern for others.

 

Thank you Kahuna.

 

Its clear that the vast majority of us like posting to this forum. Just remember its not 100% open and wild and free. Do any of you remember Physics 1 or 101?: 'For every action there is a reaction.'

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Davaoeno

And first prize goes to mailman !! Good work Sir !

 

However the owner of the forum was found to have no liability.

The local prosecutor also noted that RP Nuclei Solutions could not be held liable for libel.

 

"Being merely the 'host' or 'server,' RPNSC [RP Nuclei Solutions] may not be held liable for libel," it said. Ploghost owns RP Nuclei Solutions, while Olandres runs Ploghost, a web hosting service.

 

As a host or server, Ploghost cannot change or vary the contents of the sites that that it is serving.

 

Olandres' lawyer stressed Ploghost had no participation in the creation, nor did it have any authority to modify the content of the site that it was hosting.

 

"At the most, it can only discontinue the services if the user violates the Terms of Service agreed upon registration," the statement said.

 

"[With' worldwide web concerned, the traditional concept of publishers of a newspaper or periodical cannot apply insofar as liability for libel in the setting up, ownership, management and supervision of an Internet site, web log [blog] or forum is concerned. Hence, any liability for libelous statements or remarks that may be coursed through or communicated through the websites that it is hosting will solely devolve on the part of the authors," it said.

 

Ploghost, which is owned by RP Nuclei Solutions, is not the owner or the existing server of "greedyolddumbass."

 

It noted however that there was probable cause to charge two respondents, Glen Norvic Ochoa and Jeffrey Jacob, with libel charges.

 

"They never denied authorship of the libelous comments posted at greedyolddumbass.com. The investigating prosecutor found that having admitted the authorship of the statements, the identity of the person defamed being certain; the legal presumption malice stands against them creating a prima facie case of libel, which must be ventilated in a court of law," it said.

 

The prosecutor

Aquino vs. RP Nuclei Solutions

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Stranded Shipscook

I'm feeling left out guys !! So many of you have come forward and told how at some time you were banned [ altho like all good children you then go on to say how you appreciate that it was for your own good !!!]

 

I have never been banned - and now I am feeling like such a p*ssy because of that. It almost as if its a badge of honor to be able to say " i got banned before " !! Seems like in high school where being one of " the bad boys" gave you a certain enviable reputation.

 

Dvo-kano raised the point about posters just giving up [ and i presume becoming lurkers ]. And many of them seem to have done so quite effectively [ unlike UZI of course who just could NOT stay away for more than a week ! lol But we did miss him :dreams: ]

 

When I joined people regularly got into fights and threw hissy fits- but eventually things worked their way out . Sometimes pleasantly- sometimes not so.

 

But now the big threat is " you'll be banned if you arent a good boy " , or else the thread just plain disappears into the closed file.

 

Sorry folks but you are becoming very BORING !!! I think we can expect a lot more escapees .

 

It is not like that, davaolife. There are serious concerns about this (the "libelity" and liability).

From day one (that's 3 months now) i was worried about what i was posting here, since everything is in the open internet world. Google !

It is the same concern i had when i used to write columns in/for Sunstar Cebu.

And they all got edited and cut and recut by the editor and it's lawyers.

Even though the Media has special protection by the law, what this Forum has NOT !

 

Just try to post in the same manner as if you would write an opinion letter to a newspaper.

Of course some jokes are also allowed, as long as they are not directed personally.

 

With the 'Boring" remark... well, it seems in the moment nobody wants to post new topics which could be very 'entertaining".

Maybe you can help out a bit. No joke. You are a smart person and surely can put some thematic up.

 

And have a little heart for the "volunteers" , moderating here. What i read now and in the last days, plus the PM's i get i am at the point of giving up... but is this what everybody wants?

Who is left then. Overworked admin and probably "merciless mod's". As in other Forums.

Try to see it from this viewpoint...

 

And first prize goes to mailman !! Good work Sir !

 

However the owner of the forum was found to have no liability.

The local prosecutor also noted that RP Nuclei Solutions could not be held liable for libel.

 

"Being merely the 'host' or 'server,' RPNSC [RP Nuclei Solutions] may not be held liable for libel," it said. Ploghost owns RP Nuclei Solutions, while Olandres runs Ploghost, a web hosting service.

 

As a host or server, Ploghost cannot change or vary the contents of the sites that that it is serving.

 

Olandres' lawyer stressed Ploghost had no participation in the creation, nor did it have any authority to modify the content of the site that it was hosting.

 

"At the most, it can only discontinue the services if the user violates the Terms of Service agreed upon registration," the statement said.

 

"[With' worldwide web concerned, the traditional concept of publishers of a newspaper or periodical cannot apply insofar as liability for libel in the setting up, ownership, management and supervision of an Internet site, web log [blog] or forum is concerned. Hence, any liability for libelous statements or remarks that may be coursed through or communicated through the websites that it is hosting will solely devolve on the part of the authors," it said.

 

Ploghost, which is owned by RP Nuclei Solutions, is not the owner or the existing server of "greedyolddumbass."

 

It noted however that there was probable cause to charge two respondents, Glen Norvic Ochoa and Jeffrey Jacob, with libel charges.

 

"They never denied authorship of the libelous comments posted at greedyolddumbass.com. The investigating prosecutor found that having admitted the authorship of the statements, the identity of the person defamed being certain; the legal presumption malice stands against them creating a prima facie case of libel, which must be ventilated in a court of law," it said.

 

The prosecutor

 

 

 

 

 

 

 

You forget one crucial point : First comes the trouble, hat includes temproray closure orders, getting an "expensive" lawyer, and and and.

After a long time then the judge decides, fine, go on guys with LinC.

But by then the forum is gone ...

agree ?

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Jess Bartone

....."At the most, it can only discontinue the services if the user violates the Terms of Service agreed upon registration,".....

 

Hence, any liability for libelous statements or remarks that may be coursed through or communicated through the websites that it is hosting will solely devolve on the part of the authors,".....

 

This is fairly self-explanatory, so I have missed your point. The entity "Living in Cebu Forums" is not the host, it is the author.

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Stranded Shipscook

Aquino vs. RP Nuclei Solutions

 

same as i replied to davaolife

first comes the trouble and the "closure of LinC" order.

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Stranded Shipscook

Ok, here is a suggestion for those "legal eagle" opinions.

 

Every member of this forum has to sign responsible with his post and gives his full name and adress to the Admin.

The he signs full responsibility for his posts and declares the forum owners as non-responsible.

Just like the newspapers do. bet you, the forum does not need moderators then !

 

Every time somebody decides to take legal steps, the owner simply forwards the data to the complainer and happy days for Paul.

 

But do we seriously want that ?

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Mailman

And first prize goes to mailman !! Good work Sir !

 

However the owner of the forum was found to have no liability.

The local prosecutor also noted that RP Nuclei Solutions could not be held liable for libel.

 

Actually, it was the 'webhost' (the owner of the physical servers on which the website(s) ran) was the one that was dismissed as having no liability. Do not get that mixed up with a website (domain) owner who has complete and total admin access to the information on his site.

 

The the authors of the comments were, in fact, still charged.

Edited by Mailman
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mikejwoodnz

 

 

...........

 

This post will probably be deleted also. lol.

 

To keep it from being deleted let me add the caveat that all Pinoy government officials are 100% honest and not only live solely on their salary but they donate 75% of what they earn to orphanages and women's shelters. In fact they are all Saints guaranteed to go to Heaven with flowers, candy and rainbows bursting from their golden arses.

 

Only if they also Muslim.

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Julian C Thong

When I first joined the site about 4 years ago there were posters asking many questions about Cebu and the RP. Banking, land ownership, visas etc etc. I learnt and I passed on knowledge. Havn't done that for months.

 

Look at the thread list now. Perhaps the site has run it's course in some respects or it has become a different animal. The main users have been here a while and if I was new I may think it is more of a club or association of expats.

 

It has become boring and the regulars post for something to do rather than add to the depth of knowledge about Cebu and the RP. If we can't be honest and open about corruption or the workings of the police what is the point? Threads on who's the last one to post and song titles etc. All the stuff above about libel is a smoke screen imho: if it is a problem, give posters guidance - ie never mention a name, be obtuse but get the point across. In reality the case mentioned was lost by the claimant, ie an f'ing precident.

 

Paul's suggestion of (I think, as it was 4 pages back) deleting off topic posts may cause as much trouble as it solves as who is deciding it's off topic? I really do not see why grownups can't be allowed to use their imagination, especially as a large proportion of the threads are not seriously about Cebu or the RP: if a topic is deemed to be important and likely to be searched for buy non posting punters, give a clear off topic warning, as shown above that was given by Paul.

 

Give it a try, the world wont end and we may get NEW members rather than loosing old ones.

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Early on their business dealing with China (Follow me, this is on topic), Yahoo and every other foreign business had to sign an agreement with Bejiing in which China could at anytime request certain information. There was a Chinese reporter who, using his Yahoo account did a story on the anniversary of Tinamen Square. Of course Bejiing did not like it and they went to Yahoo and demanded the reporter's information. Yahoo gave it to them and the reporter was given 10 years in a Chinese cell. The reporter's mother was brought to the US Congress along with, at the time Yahoo's CEO and founder Jerry Yang. Yang apologized and bowed to the mother 1000 times. And he said he had no choice. For businesses to do business in China they have to do what Bejing says. Now by application, lets say for the sake of argument that Davaolife is right and Paul will not face legal trouble from Malaca

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