shepd's Journal: Should I sue? Should I DMCA? Your opinions please.

Hello. You'll see a heated, and particularly useless discussion (from both sides, I think), starting somewhere around here.

Unfortunately, the other party has decided to "get me in trouble" with, in my opinion, a bogus epithet.

Ahhh, I see, so you're a bit of a pirate? Let's see if I can get you in trouble with a few phone calls and some research then.

As per email discussions, he seems very serious on this matter, as am I. He's also CCd my copyrighted and specifically private emails to other addresses, from what appears to be his work address.

I want to ask the slashdot community this. Should I sue? Should I DMCA his employer? Should I just get a lawyer in Santa Cruz and be done with it that way? Know of any cheap/decent ones? Perhaps a simple Cease and Desist letter will do. How does one go about these matters in the US?

Please, let me know.

Holy Shit, Dude!

[Jouster]

Um, whoa.

*runs away* *ducks and covers*

Jouster

I wouldn't worry about the stuff on Slashdot

[adb]

and I don't have enough information about the stuff in real life. The stuff on Slashdot is not very important in the sceme of things, and I suspect that would make it quite hard to win a libel case: (1) did it actually harm your reputation? (2) was it a statement of opinion rather than fact? (3) can you prove it isn't true? By the way, your argument for Wintel PCs is way off. Windows is just not ready for prime time yet: there is such limited application software support, still no usable GUI, and the

Re:I wouldn't worry about the stuff on Slashdot

[shepd]

>did it actually harm your reputation?

If he does what he says he would, I think the results would be most obvious.

>was it a statement of opinion rather than fact?

Hard to tell. That would be for a judge to decide. Of course, should he carry through on the threats, it'll be very easy to prove it's a statement of a (false) fact.

>can you prove it isn't true?

Yeah, it's not that hard. Especially if he carries out the threat. I have no worries about that, just the waste of time. Then again, at t

Re:I wouldn't worry about the stuff on Slashdot

[adb]

If you're selling modchips, and a reasonable person in your position would know or suspect that many of the people are using them to play illegally copied games, you will probably not be able to convince the judge that "pirate" is a false characterization. The Slashdot comments are unlikely to affect your professional reputation unless a large part of your business comes through Slashdot (and would be upset by the idea that you are a "pirate" in this sense). Defamation in the "real world", if it happens,

Re:I wouldn't worry about the stuff on Slashdot

[shepd]

>If you're selling modchips, and a reasonable person in your position would know or suspect that many of the people are using them to play illegally copied games, you will probably not be able to convince the judge that "pirate" is a false characterization.

You're probably right. That being said, like the other shops here, I've turned away business from idiots that run into the store asking me if I can copy games for them, etc. The couple of people that have gotten close I've sternly warned (pointing a

Re:I wouldn't worry about the stuff on Slashdot

[shepd]

>Well, since you're not committing any crime, or even doing anything wrong, then his accusations would have no effect on you at all. So the results would indeed be obvious... leaving you with no possible claim of damages.

Apart from making those false statements to whomever he was considering. Investigations have been started on far fewer grounds in Canada (did you know in Canada the police can search your home for illegal guns without a warrant?)

That being said, I'm certain I wouldn't be the only one

Re:Fuckwit.

[shepd]

Dude, you're so crazy, I made a page [soiledbinaries.com] just for you! Why don't you check it out?

*yawn*

[garote]

Wow, what a complete and utter waste of time. If you truly have contacted a "lawyer" in Santa Cruz, I hope he takes a lot of your money in attorney's fees. If whatever crap you dredge up ever goes to court (and nothing I have said, by the way, will qualify as 'libel' in any modern court of law) AND if by some miracle your frivolous crap case isn't thrown out - then it will be a pleasure to have you pay for my wasted time, my attorney's wasted time, and your own expenses, out of your own pocket. You've sa

Re:*yawn*

[shepd]

>YOU INSTALL MODCHIPS FOR A LIVING. No paperwork you can possibly file against me will change the ILLEGALITY OF YOUR OWN BUSINESS.

You're missing something: Illegality of the business in the US. I've already tried to sell chipped systems to police officers. Some were even interested. So I have no worries. If you'd like I'll even send a sample chip to the RCMP. I'm sure they'd be happy to get a free one for their breaktime console. I have no worries. Neither do the other modchip shops here. I bre