Re: Notice from Lennox Lin

看板Boston (波士頓)作者alvis (IntheDayToCome)時間16年前 (2008/12/07 17:03)推噓2(2推 0噓 0→)

留言2則, 2人參與討論串4/11 (看更多)

※ 引述《proveme (prove me)》之銘言： : To whom it may concern, : It has come to my attention that the above accusations are totally false : and intentionally fabricated to damage my reputation. I have filed a police : report and also contacted my attorney. In accordance to the Massachusetts : Defamation Law, the above posts and opinions will be used against you and : prosecute you to the fullest extend of the Law. Anyone who is in aid of : spreading such rumor will have legal action taken upon them. That will also : include the bloggers of http://picasaweb.google.com/freak7474 and : http://www.wretch.cc/blog/believeit. My attorney has sent a letter to Google, : the owner of Picasa, that such webpage contains my personal information which : is in violation of Picasa's Program Policies. My attorney in Taiwan has sent : a letter to Yahoo, the owner of www.wretch.cc, to release the identity of the : author so such person may be charged in accordance to the Massachusetts : Defamation Law and Taiwan's defamation law. All posts and webpages has been : copied and saved for evidence. : Regards, : Lennox Lin, D.M.D. In Massachusetts, the elements of a defamation claim are: 1. a false and defamatory communication 2. of and concerning the plaintiff which is 3. published or shown to a third party. However, in M.G.L. c. 231, there is an exception: As a general matter, if a statement is substantially true, it cannot be actionable as defamation. See Milgroom v. News Group Boston, 412 Mass. 9, 12-13 (1992). Under Massachusetts statutory law, however, "truth shall be a justification unless actual malice is proved." M.G.L. c. 231 Section 92. So far, as an ordinary person's observation, I do not see any "actual malice" existing here; the original post which contains all the evidences can justifiably make her believe so and make such statements beyond reasonable doubt. I will suggest the original author filed a lawsuit against the suspect A.S.A.P for two reasons: (1) to clairify the truth; (2) to protect the public interests and protect yourself from defamation. For any free legal aid service, please consult Boston Bar Association http://www.bostonbar.org/ , they will assign you free pro bono lawyers. -- ※ 發信站: 批踢踢實業坊(ptt.cc) ◆ From: 209.6.131.117 ※ 編輯: alvis 來自: 209.6.131.117 (12/07 17:05)