‘I live in a fairy-tale’
p2p news / p2pnet: “As an American I will preface any comments like this with ‘this is just my opinion’ as such I’m NOT suggesting any comment following this preface is true which is all that is required in America to show my comments are not libelous. In fact I live in a fairy-tale and nothing I say should be taken seriously …”
That’s a comment from frequent poster _-Jile-_ in a Reader’s Write.
He goes on, “Sad times when we need to start adding those preface comments but I guess I should start getting used to it.”
The subject was the libel suit lodged against p2pnet by Kazaa owner Sharman Networks and Kazaa boss Nikki Hemming.
“Officially, the suit alleges defamation about some content that site owner Jon Newton found in wide circulation, originating in a report by Associated Press,” says the Globe and Mail’s Jack Kapica.
“Tellingly, the suit also wants Mr. Newton to release the name of a person who posted a comment about Kazaa under a pseudonym on the P2PNet.net site,” he points out. “That poster appeared to know an awful lot about the case being fought in an Australian court by Sharman, and it’s likely Sharman desperately wants to find out who it was.”
Here’s the rest of the post from _-Jile-_ >>>>>>>>>>>>>>>>>>>>>>>>
… Of course, this leaves another couple questions in the air now doesn’t it. While Jon is a Canadian, what if the 4 Does in question are Americans, or frankly, from any other Country than Canada?
If the Does in question are Americans, then would American law prevail over their posts? If they’re Russian, would Russian law be held against them? etc etc
The internet isn’t the same venue as making public statements – where you’d actually be located where your listeners are. This wasn’t a public speech where some person was talking, then another came out of the audience and spoke, and so on, which then you could accurately apply the local laws if any were actually being violated, on to the people in question. This is the internet and it’s coming time that all Nations come to a standard, agreed upon law that applies globally – regional laws make no sense relative to the internet – it’s just plain silly!
No – not a law for everything but definitely a law for something trivial like libel.
This case isn’t going to be easy for Kazaa to win. If they DO get the IP addresses, their attorney’s will contact the IP’s respective ISP’s and request via subpoena their identity – but, should the users be outside Canada, then Kazaa and the court’s in Canada will meet up with External laws and protections. Though if a publisher of a paper newspaper can hold their sources as confidential, I see no reason why Jon and his host should be forced to reveal IP addresses in this case.
There was no risk to National Security, which in the US seems to be one area they will not allow a publisher to hold private their `source` but I don`t know how Canadian law treats them.
This battle is going to be long and hard – it’s not cut and dry – I have a hard time understanding why Kazaa would take such risks of filing a lawsuit in the first place when it only made to have the posts stand out more – globally – when otherwise the story, which I didn’t even read before the lawsuit was filed (through using a cache I found on a search engine – since it was deleted before I had known about this happening)…It makes it feel like the allegations had some area’s of truthfulness or Kazaa would have simply ignored it and counted the posts off as worthless…but I guess as the case progresses we’ll all know one way or the other. It seems like an ill choice of lawsuits… by the sound of it the LAME Canadian libel law needs re-written, so perhaps this is a good time to get that done.
***Again, I’m living in a fairy-tale, so don`t listen to my opinions above as anything more than that – no fact’s are above and I know nothing factual about the case or anyone involved to base an opinion.***
Just my (opinion) 10 cents,
_-Jile-_
==============
With the above in mind, just before this, I ran a story slugged, Massive win for online journalists. In California, at least, a court ruling means they have the same right to protect people who supply information as do offline reporters, says a landmark California state appeals court decision. And as I’ve said several times since this all started, for me, an anonymous poster is the same as a confidential source. So the fact I don’t even have the information Hemming & Co are demanding, even if I did ……….
Not at all incidentallly, there’s now a Stop-the-Blogsuit Campaign site. Have a look, especially if you have a web site and you’d like to help me take on S&H.
Cheers!
Jon
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May 26th, 2006 at 9:32 pm
all good and well if you are talking about news but John added a flame to somebody elses (with attibution) news report making the whole thing look like news rather than an admixture of flame and news without qualification.
Interestingly he has changed his ways here making it clear, very strong evidence indeed that he now knows how to publish correctly
May 26th, 2006 at 10:29 pm
amazing how many lawer wannabe’s come crawling out of the woodwork.
May 26th, 2006 at 10:31 pm
-= Disclaimer:This is just my opinion. =-
– As such I’m NOT suggesting any comment following -
– this preface is true. In fact I live in a fairy-tale -
– and nothing I say should be taken seriously. -
“all good and well if you are talking about news but John added a flame to somebody elses (with attibution) news report making the whole thing look like news rather than an admixture of flame and news without qualification.
Interestingly he has changed his ways here making it clear, very strong evidence indeed that he now knows how to publish correctly ”
There you are again .. lying
And once again …..
Look at the PDF file of the lawsuit.
Search for the referenced item ( they are NOT available here,
but can still be found ).
READ all of them.
Easy to see whats really going on.
The troll here NEVER recommends actually researching and
reading.
That’s because by taking the time to look up the facts, it becomes
readily apparent that the troll is lying.
Jon, a publisher ???
. At the very least, you have a very personal
Not so sure about that as much as a content filter or an aggregator maybe.
YOUR use of the word though tends to point you out as someone
I think we all know
agenda, don’t you ?
May 26th, 2006 at 10:34 pm
-= Disclaimer:This is just my opinion. =-
– As such I’m NOT suggesting any comment following -
– this preface is true. In fact I live in a fairy-tale -
– and nothing I say should be taken seriously. -
How VERY interesting you should say that LOL.
We crossposted, but are on the same page.
2+2= ?????
May 26th, 2006 at 11:32 pm
The last resort of a coward is name calling and accusation. Pretty clear when confronted with the truth all you can do is allege trolling and lies. Ask John, he knows, he is a publisher when it suits him a reporter of news when it suits him and a martyr whewn there’s profit in it.
NBTWE re the lying thing you are way to harsh on yourself, yopu are just misguided I think
May 26th, 2006 at 11:35 pm
Only agenda here is the truth, John why don’t you at least admit that this story you got the post and news thing right, unlike the time that’s gotten you into trouble
May 26th, 2006 at 11:58 pm
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
Fess up,
Your lying and you know it.
Step 1. Read the PDF document about the suit, find the line items
that Sharman is suing over.
Step 2. Research. They are not available here anymore, but they
CAN be found. Find them. READ them.
After READING them, I think you’ll see whats really going on.
Hard to spin that.
The readership here is a WHOLE LOT SMARTER than your micro-mind
can comprehend.
-= This is a stock response to our pet troll =-
-= Since it repeats the same drivel =-
-= It deserves nothing more =-
May 27th, 2006 at 12:07 am
You do know, that you do sound, like the sick puppy everyone thinks you are, don’t you?
May 27th, 2006 at 12:12 am
-= Disclaimer:This is just my opinion. =-
– As such I’m NOT suggesting any comment following -
– this preface is true. In fact I live in a fairy-tale -
– and nothing I say should be taken seriously. -
A better analogy would be ….
The littlest guy in a group of bullies.
He’s the one that stands there trash talking,
lets the big guys do all the work, and when the
guy they are beating up is finished, and can no longer stand,
he then walks up to him, kicks him, and says, ” See, I toldja
I was tuff ” and sticks out his tongue.
LOL,
Makes me think of the little “Thief” in “Conan The Destroyer”.
The scene at the end when the big monster is dead, and
the little guy runs up and sticks his knife in it.
May 27th, 2006 at 12:17 am
I will post as myself when the registration message gets here…
I must admit to being confused as to what the problems are, here. I wouldn’t mind seeing the actual complaint in any form as some have hinted a .pdf is available. Maybe I’m just dumb.
Maybe if Kazaa was a slightly different piece of software which did not illegally use my computer without my permission, which it is my opinion that it does, contrary to the Canadian Criminal Code, I would download it and use it to share this mysterious .pdf.
As for some need to clearly identify ‘opinion’ and ‘news’ when publishing on the internet or anywhere else, that’s crap. Print and non-interactive broadcast media are always publishing items half news and half opinion. Even something as innocuous as “Mrs. Bush wore a flattering pale blue gown” has an element of opinion mixed in with news.
I would identify myself here, but it might be construed as a lame effort to get free advertising.
Yahoo!!
May 27th, 2006 at 12:55 am
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
Ask and ye shall recieve ..
http://regmedia.co.uk/2006/05/18/p2pnetsuit.pdf
As for the line items referenced ….
They are no longer available here, but are still locatable.
May 27th, 2006 at 1:01 am
the only crap here is that when someone calls on you to defend a piece you publish and you try and call it a news report you are destined to be rightly criticised opinion or news. Even opinion has limitations here on this site it is clear that some free speech is protected and some is not. History is ovberflowing with examples of what is wrong with different standards being applied to the freedom of speech thing.
As for the Canadian Criminal Code, it does not protect sheer stupidity and you’d be hard poressed to find a law enforcement agency that wouldn’t have told you ‘let the buyer beware’ on that one or are you saying that the illegal distribution of music by yourself under Canadian law supercedes legal response but anything that happens to you as a consequence should not, starting to sound like this sites version of free speech again
May 27th, 2006 at 1:02 am
interesting to see that the publisher of this site countenances this. I hope the lawyers are watching!
May 27th, 2006 at 1:03 am
you are being way to harsh on the publisher, he’s made a mistake that’s all and eventually when the fame thing and the profit wears off he’ll do the right thing here and hope that he’s not exposed
May 27th, 2006 at 1:48 am
I do not why I’m contributing this thread, but I’m bound to say I do not have the faintest idea what this poster is talking about.
As far as “changed his ways” is concerned, go back through the stories on p2pnet and I think you will find everything is pretty much the same as it has always been.
P2PNet is an interesting site and many of the articles, from a variety of people from different countries and from different backgrounds, are also extremely interesting. The same applies to the comment posts.
I do not recall ever having seen Jon claim to be speaking for anyone other than himself, or pretending the site is anything other than a news ste with a very definite position on things.
Personally, I will continue to drop by from time to time and I wish Jon the best of luck with his court case.
Morg
May 27th, 2006 at 1:51 am
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
” interesting to see that the publisher of this site countenances this. I hope the lawyers are watching! ”
Me too.
I wonder if they’ll sue the UK Register, where I got it from
http://www.theregister.co.uk/2006/05/18/kazaa_sues_p2pnet/
May 27th, 2006 at 1:53 am
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
Same troll.
Same crap.
Read the filing.
Find the references.
Don’t believe the sharks that are circling.
Ultimately, they will go hungry.
May 27th, 2006 at 1:55 am
I’m so glad Jon takes the advice of his lawyers. he’s probably reading these threads and smiling at the doomsdayers and trolls.
May 27th, 2006 at 1:57 am
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
Interesting post by the same troll.
This is a content filter/news aggregate.
May 27th, 2006 at 1:58 am
Jon can throw a nuisance monkey wrench into the works — he can request an amended complaint wherein plaintiffs would be required to spell his name correctly.
As for the several few readers who have contributed their less than complimentary writings, where have they been hiding? In rat holes in the woodworks? In all the time I’ve visited this site, I’ve noticed that Jon has never cowered in a corner when it comes to “telling it like it is”. He has always asserted that he will publish readers comments, in keeping with the spirit of free speech and the intelligent exchange of ideas. If those Canadians in the audience knew ahead of time about Canadian libel law, they should have drawn it the attention of all interested parties long ago.
By the way, I do feel it is wrong to assume that the plaintiffs are somehow admitting some sort of agreement that the “libelous” comments are true. Guilt should never be arbitrarily determined by some sort of suggestion that availing oneself of the law is tantamount to hiding under the protection of the law. A person who refuses to testify against himself should never be adjudged guilty on that fact alone. A person who objects to illegal search and seizure should not be accused of “having something to hide, or else he would allow the law to run rough shod over their rights.”
A person who strongly objects to the arbitrary suspension of his civil rights is not by nature anti-patriotic! Au contraire, frere, our Declaration of Independence makes it imperative that those who love their country and who cherish freedom should strongly oppose the efforts of those who would impose their own wills and their own tyrannical dictates.
So, please, do not jump to ill-founded (and possibly fallacious) conclusions that a persons actions can stand as evidence of their intentions and motivations.
May 27th, 2006 at 1:59 am
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
I’m not misguided at all.
I suspect though, that you are being very carefully “guided”.
May 27th, 2006 at 2:06 am
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
” He has always asserted that he will publish readers comments ”
I haven’t seen any mention of “publishing” anything , except
for the Trolls here, and Sharman.
The users post. He allows them to post their OPINIONS.
Content filter/News aggregate.
May 27th, 2006 at 2:10 am
I think you lacked love as a child, and now that your a whole 16 years old you hate the world.
/me gives u a hug
k, now u may go and spread the word of love.. ty.
May 27th, 2006 at 2:21 am
Is it time for a group hug yet?
If you go to slyck.com you will find this same loser troll in there in the p2pnet topic. I recognize its writings and words. You will notice this too if you look, since the troll’s vocabulary is quite limited.
Clearly a person that should not be contributing to the gene pool.
Clearly a person OBSESSED with jon.
Clearly a net stalker.
May 27th, 2006 at 2:34 am
-= Disclaimer:This is just my opinion. =-
– As such I’m NOT suggesting any comment following -
– this preface is true. In fact I live in a fairy-tale -
– and nothing I say should be taken seriously. -
You are absolutely right, except this troll is sneakier than that,
and has a purpose.
This same poster is also capable of posting quite clearly and
eloquently. Still very easy to spot.
May 27th, 2006 at 3:02 am
we all remember the last time it was considered appropriate in any society to decide who could and who could not contribute to the gene pool, hardly appropriate in what is supposed to be an egaletarian open site.
The fact remains that the publisher is misleading people and seems to be profiting from it, not right is it?
May 27th, 2006 at 3:04 am
fnot enough love in this world, thnx, but its made worse when people with power decide who gets free speech and who is subjected to it
May 27th, 2006 at 3:40 am
Misleading people?? profiting from it??? Hey Jon when you gonna fly us all up there in your lear jet to have that pool party? you should just take all your riches and enjoy life and leave those poor, desolate, honest, hardworking, misunderstood mega media cartels along with their wanna be minions like Kazaa alone. (just my opinion) wahhhhhhhhhhhh!!!
Rick
May 27th, 2006 at 5:30 am
well here’s one recruit for the army of the misled John
May 27th, 2006 at 5:32 am
having accepted the suit and filed his appearance John is not going to get far trying the joke on the Court, they are going to want to know how he can legally justify his defence not some imagiinary philosophical position. Here it looks like John is using the MPAA strategy of applying a moral defence to a legal proposition
May 27th, 2006 at 5:39 am
Someone delete this guy’s post please.
May 27th, 2006 at 6:15 am
you know if you’re going to complain about this site, the least you can do is spell his name right. it’s Jon, not John. I’ve gotta compliment you though. you’re doing a great job jumping from thread to thread trying to make it look like there’s many people attacking Jon when you’re the only one. How much is Kazza or the MPAA paying you. tell them you need a raise. On the down side see if you can get them to give you some more training on how to minipulate Public opinion. Your PR skills are a bit weak.
Rick
May 27th, 2006 at 12:32 pm
-= Disclaimer:This is just my opinion. =-
– As such I’m NOT suggesting any comment following -
– this preface is true. In fact I live in a fairy-tale -
– and nothing I say should be taken seriously. -
“fnot enough love in this world, thnx, but its made worse when people with power decide who gets free speech and who is subjected to it”
Yes it is.
All of Kazaa’s money against someone who lives week to week,
all to hide their corporate secrets.
May 27th, 2006 at 4:31 pm
“This is a content filter/news aggregate.”
How is p2pnet different from a newspaper that filters content from Reuters, Associated Press, Canadian Press etc etc ad nauseum? They both filter content and publish it for others to read …
*insert eyeroll here*