a****5
发帖数: 747 | 1 What is defamation?
Generally, defamation is a false and unprivileged statement of fact that is
harmful to someone's reputation, and published "with fault," meaning as a
result of negligence or malice. State laws often define defamation in
specific ways. Libel is a written defamation; slander is a spoken defamation.
What are the elements of a defamation claim?
The elements that must be proved to establish defamation are:
a publication to one other than the person defamed;
a false statement of fact;
that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
If the plaintiff is a public figure, he or she must also prove actual malice.
What legal liability issues can arise from my blog?
Generally, you face the same liability issues as anyone making a publication
available to the public, and receive the same freedom of speech and press
protections. The main legal liability issues include:
Defamation
Intellectual Property (Copyright/Trademark)
Trade Secret
Right of Publicity
Publication of Private Facts
Intrusion into Seclusion
Sweet, no one will ever be able to find out my identity!
Not quite. If you try to blog anonymously through a third-party service, you
may be subject to subpoenas seeking your identity from your blogging
service provider. EFF has written a guide to blogging anonymously that may
help you, and Reporters Without Borders has a guide to anonymizing
technology.
Oh no, my ISP was subpoenaed for my identity!
If you receive notice of a subpoena and you wish to retain your anonymity,
you should contact an attorney about filing a motion to quash (drop) the
subpoena. Many courts have required the subpoenaing party to show a
compelling need for the information that outweighs the speakers'
constitutional rights to free speech and privacy. For more information, see
this list of EFF cases on online anonymity.
Hey — my ISP took down my protected speech. Did it violate my
constitutional rights?
No. The First Amendment protects you against government censorship and
prevents the courts from enforcing a private-party action that violates the
First Amendment, but it does not require a private party (like your ISP) to
host speech. Indeed, the First Amendment also includes the right not to
speak and that protects your ISP against claims that it "must" host whatever
you decide to say. | s********9
发帖数: 4395 | 2 好专业哦～～会不会取证很难呀？而且bbs是中文，需要第三方去翻译公证，那些证据
咩？ | a****5
发帖数: 747 | 3 中文没问题。第三方去翻译公证就是证据。
【在 s********9 的大作中提到】
: 好专业哦～～会不会取证很难呀？而且bbs是中文，需要第三方去翻译公证，那些证据
: 咩？
| b****b
发帖数: 665 | 4 好，坐等，呵呵！
如果我这样算Defamation，这个Mitbbs别开了。
看看很多网上爆料的，你是选择性判断。
本人的帖子里的素材，据来自网络！
大家灌水愉快！
【在 a****5 的大作中提到】
: 中文没问题。第三方去翻译公证就是证据。
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