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Subject: Re: Please advise re "libel per se" Posted on: Fri, 29 Aug 2008 15:10:48 -0600

Might Be In Trouble wrote:
> On Aug 28, 8:24 pm, richard wrote:
>> On Wed, 27 Aug 2008 07:24:22 -0400, Might Be In Trouble
>>
>> wrote:
>>> My first post to these groups, but I'm getting worried about
>>> something I did and could use some insight.
>>
>>> I've posted to Usenet since about 2000 and am very familiar with it.
>>> I have to admit straight up that I create some trouble sometimes.
>>> But usually just with anonymous people whose identities I don't
>>> know.
>>
>>> Well, a person came online who was new to Usenet and he was
>>> anonymous and I stirred up some stuff with him. Then in one of his
>>> groups he posted a link to his genealogy and I found out his name.
>>> I already knew he was in South Florida as that is where the NNTP
>>> hosts were when I looked at the headers.
>>
>> Ok, he's anonymous.
>
> Was. Well, really, still is, I guess. He doesn't use his real name
> as his nym. I found his real name on other sites and then revealed
> that. He doesn't deny that he is who I say he is.

Can he prove it?

>
>> That tells me he has no standing what so ever in
>> even considering a lawsuit. So how does anyone know exactly who he
>> is?
>
> I found his information on a genealogy web site.
>
>> How would the courts know?
>
> Well, I linked to his genealogy web site and then I found him also on
> gay.com and some other places and linked to those sites also.
>
>> Nicknames aren't registered in usenet newsgroups, so anyone could be
>> using that nick. Is my screen name "unique" to me exclusively?
>> Hardly. One of the reasons I use it is because of it's common use.
>> Searching for it would drive you insane.
>>
>> Unless he posts with his real name and states where he lives, he has
>> no proof that he's being libeled.
>
> He didn't post it. I did. His full name including middle, his date
> of birth, and his current city and state.

How do you know it was "him" ... for sure?


>
>> You want libel? Look me up on the web. Richard Bullis and specially
>> "rtsfaq" and CENKOC. you'll get plenty of reading material.
>>
>> BTW, the IP only locates the server. He could be in another country
>> on dial up.
>
> He's not. He has had NO problem admitting who he is once I revealed
> it, and has never had a problem revealing his location as Fort
> Lauderdale.

And how do you know he is who he claims to be?

> When I first was in touch with him, he was using Comcast
> out of south Florida. This changed at some point and now he's using
> Bell South.
>
>>> This guy has now threatened suit.
>>
>> Who hasn't?
>> Hundreds of pointless threats of lawsuits are made every day on
>> usenet. All mouth and never any action.
>>
>>
>>
>>> (I'm posting anonymously now because I really don't want to be
>>> tracked and I'm rather embarrassed by what the TRUTH of the matter
>>> is...)
>>
>> Sure sure.
>>
>>
>>
>>> Anyway, I admit that I used his full name, that I said he has HIV,
>>> AIDS and AIDS dementia, which he says is "libel per se".
>>
>> So is he like the only person in the country with that name?
>
> Honestly... probably. His last name I would consider not just
> uncommon but probably rare. (Census rank 29,729). I've found another
> person with his first and last name but a different middle name (and I
> assume a different birthdate), and another around his age who has
> lived in California and Texas but who also has a different middle
> name.

So what proof do you have the "he" is who "he" claims to be?