QUOTE(Hollymood @ Jun 27 2006, 06:02 PM) [snapback]353500[/snapback]
just sent it out to a bunch of people on my mailing list and my lawyer replied really quick. he's pissed because it violates copyright and is defamation of character. I emailed him back to chill the fuck out but he's calling me later. you have to understand, I pay this guy to be pissed off for me so I don't have to be pissed off when people step on my feet. so when you deal with him, if he does decide to contact you, you won't be dealing with me on this matter. it's all him and he handles things like this on his own, which is what he is paid to do.
Nice save, knew it was coming.
A little lesson for you.
Meaning of "defamation of character":
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If an employer intentionally defames you and it hurts your career, you might be entitled to collect monetary compensation through a defamation lawsuit.
Do you employ mike?
Moving on....
What defamation is not:
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Generally, a statement made about an undefinable group of people or organizations cannot be defamation. Take, "Real estate agents are crooks." It's defamatory enough, but there is no identifiable victim.
"Most of the agents at Smith Real Estate Company are crooks" is getting dicier, but it is still hard to define the victim.
"Smith Real Estate Company is a crooked company." Wham! You have a victim: Smith Real Estate Company.
Let's break this down, where has Mike implicitly used your company name on the mock website? No where. Where has he implicitly used your full name on the mock site? No where.
Moving on....
QUOTE
In many, though not all, legal systems, statements presented as fact must be false to be defamatory. Proving to be true is often the best defense against a prosecution for libel. Statements of opinion which cannot be proven true or false will likely need to apply some other kind of defense.
In some systems, however, truth alone is not a defense. It is also necessary in these cases to show that there is a well founded public interest in the specific information being widely known, and this may be the case even for public figures.
Are you sure Mike doesn't believe this to be true? What about public interest? Seems to be public interest but hasn't really been publically published, has it?
Of course, the art of suing for "defamation" is a complex one, there is much contradictory information. A lawsuit of course could further complicate things as Mike is located in the UK and you in the USA, furthermore this was a parody so wouldn't be taken seriously even if it was indexed publically.
I'd like to hear dgodlewski's opinion here, however due to the loopholes in the American law, the complexity of the defamation laws etc, even if you tried to sue Mike, I would imagine you'd haemorage money and wouldn't win the case.
Nice stance on the "suing" thing tho.