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Author Topic: Defense Against Claim of Defamation from the term "Extortion"  (Read 3433 times)

Matthew Chan

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Defense Against Claim of Defamation from the term "Extortion"
« on: November 13, 2011, 09:15:07 PM »
I found it interesting that Julie Stewart of Blackline Law had no problems accusing alleged infringers of "theft" and being on the "wrong side of the law" when most people know that most infringements are both innocent and unintentional. Let us not also forget that she uses these terms in what is considered a civil matter (and certainly no where remotely close to being a criminal matter).

And yet, she shouts defamation, libel, and slander at us because she thinks we are calling her an "extortionist". As Oscar pointed out, the term "extortion" (whether it is the term "extortion letter" or "legalized extortion" is a metaphorical use, not the literal use. Most reasonable people know this. Additionally, within the U.S., we have the right to free expression of our opinions. Given that, we are protected from claims of defamation, libel, and slander.

I bring this up in this separate post because we want it clear that any more claims of defamation, libel, and slander will be met with "read this post". Of course, as a responsible moderator, I will exercise judgment whether any posts are offensive or borderline offensive.  At all times, we will insist on the validity and accuracy of statement as the barometer and a little bit of common sense.

Fortunately, the ELI community has done a good job in refraining from making overtly outrageous and inflammatory statements. So it rarely is an issue.  Most of us have figured out a way to utilize our language skills in such a way to communicate our distaste, disgust, dismay, etc. without resorting to explicit name-calling or getting overtly personal.

This is the 2nd time that a supposedly knowledgeable lawyer tried to accuse ELI of defamation and the like.  Personally, I think the lawyers knew what they were doing except they were hoping that we were too dumb to actually challenge that claim.  And so, in the future, any more of the defamation nonsense will be met with full disclosure for everyone to read and a stern reminder to read Oscar's reply.

It is not something we want to keep "rewriting" repeatedly against those would accuse us if defamation, libel, and slander activities. Nothing we do comes close to qualifying or measuring up.  

If lawyers don't want to their names and law firms publicly associated with their demand letter activities, then stop and get out of that business.  You can't have it both ways. You can't represent a client and try to be their hero to their cause in secrecy and expect the opposing side to be pleasant and quiet about your role in helping your clients.

Matthew

----- Original Message --------
Subject:    Re: URGENT - defamatory content on your website
Date:    Sun, 13 Nov 2011 19:44:42 -0500
From:    Oscar Michelen
To:    * Matthew Chan *
CC:    julie@blacklinelaw.ca, Oscar Michelen

Dear Julie:

Content deleted at Oscar Michelen's request.
« Last Edit: December 16, 2011, 08:12:02 PM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

riddickvictim2

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Re: Defense Against Claim of Defamation from the term "Extortion"
« Reply #1 on: November 14, 2011, 09:55:47 AM »
Brilliant reply, Mr. Michelen!

Matthew Chan

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Re: Defense Against Claim of Defamation from the term "Extortion"
« Reply #2 on: November 15, 2011, 03:04:29 AM »
It appears we are going to have to reprint portions of Oscar's reply for Peter T. Holt to read.  He is accusing ELI of defamation similar to what Julie Stewart did just a day earlier.  More updates to come...
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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