Friday, March 30, 2012

Response To "Anonymous"

"Anonymous" wrote on my blog:
"Insurance companies have the decision on when and if to settle. Sometimes it's cheaper to pay an ambulance chaser and walk away. They are paid for their time and their bill goes up and gets paid regardless."

Assume for the moment that you are being sued for libel.  You are not forced to file a claim with your insurance.  You could always put your money where your mouth is, and pay for your own attorney to "air it all in court".  Also assume that you enjoy attacking people on a tabloid website.  Why would you agree to stop attacking someone you hate so much, especially if you are confident you would win the lawsuit?

"Also, sometimes it's better to settle for a puny amount than to risk more facts coming out in court."

Maybe you get lucky and the people suing you don't want your money.  Maybe they just want the libel to stop.

"Facts were always posted. Now only verifiable facts will be posted."

Totally idiotic statement.   If you don't personally witness an event and someone just tells you about the event with no proof, how do you know it's fact without verification?  What if you accuse someone of a crime, but you have no evidence and you can't even cite the law that was broken?  How do you know for a fact that a crime was committed?

Wednesday, March 28, 2012

Libel 101

http://www.columbuzz.net/index.php/permalink/3752.html

Disclaimer:  I'm not a lawyer.

Bob and his bots better be able to prove that the card came from the doctor, or they could be in big trouble.  I don't believe that the statement "The person who had the card said it is from the good doctor" is sufficient proof.


Admin wrote on columbuzz:
"They must prove what we posted isn't true for there to be libel."

100% incorrect.  I guess Bob didn't read or comprehend the link I posted previously: Libel And Slander

Here's a summary:
A plaintiff who wishes to sue an individual or entity for libel or slander has the burden of proving four claims to a court.  The plaintiff must show that the:
  1. DEFENDANT communicated a defamatory statement
  2. statement was published or communicated to at least one other person besides the plaintiff
  3. communication was about the plaintiff and that another party receiving the communication could identify the plaintiff as the subject of the defamatory message
  4. communication injured the plaintiff's reputation
There are four general defenses to slander and libel:
  1. truth
  2. consent by the plaintiff for the publication of the defamatory statement
  3. accidental publication
  4. the statements of certain defendants in certain circumstances, such as lawyers, judges, jurors, and witnesses, are protected from defamation for PUBLIC POLICY reasons. This type of protection is known as privilege

Elements of Defamation
To prove that a written or verbal statement is defamatory, it is sufficient for a plaintiff to prove that at least one person who received the communication believed that it was detrimental to the plaintiff's reputation. A message that decreases respect for the plaintiff or confidence in the plaintiff or causes disparaging, hostile, or disagreeable opinions about the plaintiff is detrimental to the plaintiff.

Defenses to Libel and Slander
If the defendant can show that the substance of a defamatory statement is essentially true, then the plaintiff's claim for slander or libel will fail. For example, assume that the defendant publicly ACCUSED his boss of cheating on taxes. The boss could sue for slander or libel, depending on whether the accusation was written or spoken. If the defendant could prove that the boss actually did cheat on taxes, the defendant would prevail. If the defendant had no proof of such tax cheating, the plaintiff would prevail.


DUDE: Note that the burden of proof is on the defendant (columbuzz), not the plaintiff, to prove that the statements are true.

More Lies From Columbuzz

"Anyone can post information on this website and it isn't our place to moderate it, nor is it our responsibility to moderate the comments people post. If someone feels something is written about them and it is wrong, they can let us know and we will update. It is that simple"

Sunday, March 25, 2012

New Columbuzz Math - UPDATED

http://www.columbuzz.net/index.php/permalink/3738.html

$1.1 million - $1.05 million = $500,000?  Fail!
$1.1 million - $927,000 = $623,000?  Fail!

By the way, Jeremy, I think the reason Kristen ignores you and columbuzz is because you are rude, idiotic, and illiterate. Some prime examples:

"March 20th The Republic reported that Mayor Brown had identified the $1.05 million in savings necessary to eliminate the trash fees in Columbus. In the March 21st issue, that number had changed to $927,000, and now today the number jumps to 1.1 million still with no explanation. That is an increase of $500,000 found or I should say about found in proposed savings."

Idiotic and illiterate.

"Either way the info is inconstant most of the time and this just proves it once again. The reporting body doesn't know what the other reporters are writing about."

"Which is Mayor Kristen?"

"The fact you are Mayor is just a small pin in this system, you will fail and continue to show the people you are nothing but a rat who jump into a pool you can't swim in."

Illiterate.

"You are so black it's hard to say you would even be transparent."

"The fact you are Mayor is just a small pin in this system, you will fail and continue to show the people you are nothing but a rat who jump into a pool you can't swim in."

"Another example you aren't for the people. Guess chalk that up to racism too!"

"...I would expect that from a person of your caliber."


Rude.


UPDATE:
Explanation (lie) from Jeremy:

"Thanks JD - Slip of the finger with the zero. We're not the newspaper and we aren't held the same standards."

So, typing $623,000 instead of $173,000 is a typo?  Fail again!  I would have a tiny bit more respect for you Jeremy if you would just admit that you can't do simple math.  Hey Jeremy, here's a new math problem for you:  $173,000 is what percentage of the annual budget of Columbus?  I know this will be difficult for you since it involves actual research and simple division, but you might get lucky.

Friday, March 23, 2012

Current Advertisers on Columbuzz

If you feel so inclined and are a customer of one or more of these businesses, let them know how you feel about their ads on columbuzz:

Positive Performance
7140 East State Street
812-372-1233

Kramer's Restaurant
1606 Central Avenue
812-372-0000

farrell's eXtreme Bodyshaping
3230 N National Rd
812-375-9920

Music & Mayhem
2611 Central Ave

812-378-2675

Tail Twisters Dog Spaw
3115 20th St
812-372-1730


J&M Motorsports and Automotive Repair
812-546-9079

Friday, March 9, 2012

Bob vs. Bob 30.0

Bob #1:
"I found the Lord a few months ago and I am trying to use Him as my guide. We still want the truth exposed, but I try not to be as nasty as I was."

Bob #2:
"But I'm not screwing taxpayers out of their tax money for my pet fire projects.

I don't have a dope dealing, meth making, son living in my house, receiving stolen goods.

My wife doesn't go around ruining funerals.

I don't have a gay nephew in Texas stirring up trouble.

I can still walk around Walmart without the aid of a cart.

You won't find me at work drunk on vodka any day of the week."

Thursday, March 8, 2012

Bob vs. Bob 29.0

Bob #1:
"I stated earlier that I have people in my family with drug issues and I wouldn't comment on a son having a drug issue. No parent can stop that in this day and age."

Bob #2:
"I don't have a dope dealing, meth making, son living in my house..."

Thursday, March 1, 2012

Biased Bob

Poker Chip wrote on columbuzz:
"I would recommend that Mr. Johns schedule Foot out of Mouth Surgery as soon as possible."

Bob wrote on columbuzz:
"For being honest and straight-forward?"


Bob, your bias is showing.  He thinks most if not all Democrats are honest and straight-forward and most if not all Republicans are liars.  So much for columbuzz being unbiased "whistle blowers".  If this were a Republican being investigated, especially one he dislikes, he would most likely rant for weeks about it on columbuzz.