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Bibbitybop
Joined: 22 Feb 2006
Location: Seoul
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 Posted: Sun Apr 29, 2007 9:26 pm Post subject: Filing charges against posters on Dave's |
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In the Adventure Korea club, someone said the owner could sue the OP for saying something that could potentially hurt his business. I've got some questions about this:
1. If someone posts something that is FALSE, I can understand how that person could be charged with defamation or something. But, if a story is TRUE, could the poster be sued? If this is the case, no one would be able to share their bad experiences without the fear of a lawsuit.
2. How would a business find out the identity of a poster? Would Dave's ESL cafe hand over any info about the poster?
3. Has anyone from Dave's or any other forum been sued by a Korean person or business in the past? |
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diver
Joined: 16 Jun 2003
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| Posted: Sun Apr 29, 2007 9:36 pm Post subject: |
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| Re; #1: My understanding (and it has been discussed here before) is that you can be sued, even if what you said is true, if the INTENT of your revelation was vindictive. That seems like a huge gray are to me, but there you go... |
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jinju
Joined: 22 Jan 2006
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| Posted: Sun Apr 29, 2007 9:38 pm Post subject: |
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| diver wrote: |
| Re; #1: My understanding (and it has been discussed here before) is that you can be sued, even if what you said is true, if the INTENT of your revelation was vindictive. That seems like a huge gray are to me, but there you go... |
Thats exactly so. Even if you said something that was 100% true but it hurt the person's business, he has a case against you. Another example would be calling students' parents to say something bad about your hagwon boss. if it hurts his business, EVEN IF it is 100% true, he can sue and would most likely win. |
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billybrobby
Joined: 09 Dec 2004
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| Posted: Sun Apr 29, 2007 9:42 pm Post subject: |
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| asking for korean legal advice on dave's? why not just ask a rock how to hang-glide? |
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JD1982
Joined: 19 Apr 2007
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| Posted: Sun Apr 29, 2007 9:44 pm Post subject: |
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You can be sued and you can also sue for anything and everything.
People can sue you because they just don't like your looks.
Of course that doesn't mean they are going to win the case. |
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Mashimaro
Joined: 31 Jan 2003
Location: location, location
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| Posted: Sun Apr 29, 2007 9:52 pm Post subject: |
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| billybrobby wrote: |
| asking for korean legal advice on dave's? why not just ask a rock how to hang-glide? |
a) There are lawyers who post on this site, it's not such a dumb move |
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diver
Joined: 16 Jun 2003
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| Posted: Sun Apr 29, 2007 9:53 pm Post subject: |
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| jinju wrote: |
| diver wrote: |
| Re; #1: My understanding (and it has been discussed here before) is that you can be sued, even if what you said is true, if the INTENT of your revelation was vindictive. That seems like a huge gray are to me, but there you go... |
Thats exactly so. Even if you said something that was 100% true but it hurt the person's business, he has a case against you. Another example would be calling students' parents to say something bad about your hagwon boss. if it hurts his business, EVEN IF it is 100% true, he can sue and would most likely win. |
I am not sure what was more important under Korean law. The intent or the result. I understood their law to mean that if your sole intent was malicious in nature, you could be sued. If it was not malicious you were in the clear. If that's the case, then it is a huge gray area. |
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RACETRAITOR
Joined: 24 Oct 2005
Location: Seoul, South Korea
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| Posted: Sun Apr 29, 2007 10:08 pm Post subject: |
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| Would that work if a Korean wanted to sue someone through this site? I have a feeling that would only work if it were on a Korean site. |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Sun Apr 29, 2007 10:14 pm Post subject: |
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| Can we be 100% sure that Dave's would never hand over IP information unless someone was in personal danger or making threats? I would venture no. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Sun Apr 29, 2007 10:31 pm Post subject: |
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Yeah, but how exactly would they know it was you...I'm certainly not registered here under my real name...I used someone's name from that English Spectrum jobs wanted board... and i use a proxy server to boot... |
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JongnoGuru
Joined: 25 May 2004
Location: peeing on your doorstep
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| Posted: Sun Apr 29, 2007 10:33 pm Post subject: Re: Filing charges against posters on Dave's |
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Haa!!
Lauf, lauf so schnell wie du kannst!
Doch du kannst mich nicht fangen,
Ich bin der Pfefferkuchenguru!
(apropos my recent comments over on the "Three Alley" thread) |
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pest2
Joined: 01 Jun 2005
Location: Vancouver, Canada
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| Posted: Mon Apr 30, 2007 12:41 am Post subject: |
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In the US, an internet statement would have to be false and with intent to harm to be considered libel. Statements true and with intent to harm and with no opportunity for public rebuttal could also be considered libel... That means a convicted thief who is mentioned as such must be affored an opportunity to explain him or herself in the same medium in which the original mention occurred.
In Korea, because saving and losing face and reputation are so much more important -- both to values and to effect of actions -- I would not be surprised if merely mentioning truth about a person in a harmful way would constitute libel.
Could a Korean Lawyer-person comment on this? |
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JongnoGuru
Joined: 25 May 2004
Location: peeing on your doorstep
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| Posted: Mon Apr 30, 2007 12:46 am Post subject: |
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| pest2 wrote: |
| Could a Korean Lawyer-person comment on this? |
Don't hold your breath. |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Mon Apr 30, 2007 1:10 am Post subject: |
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| pest2 wrote: |
In the US, an internet statement would have to be false and with intent to harm to be considered libel. Statements true and with intent to harm and with no opportunity for public rebuttal could also be considered libel... That means a convicted thief who is mentioned as such must be affored an opportunity to explain him or herself in the same medium in which the original mention occurred.
In Korea, because saving and losing face and reputation are so much more important -- both to values and to effect of actions -- I would not be surprised if merely mentioning truth about a person in a harmful way would constitute libel.
Could a Korean Lawyer-person comment on this? |
Yes, truth is no defense against libel here. It's one of the most backwards things about the legal system and shows how in one respect this society is so fucked up. |
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mindmetoo
Joined: 02 Feb 2004
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| Posted: Mon Apr 30, 2007 1:18 am Post subject: |
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| I would imagine Dave's is not hosted in Korea. I suppose a Korean lawyer could send a letter asking Dave's to release data but it would have no legal requirement. The person offended could then try and sue Dave's in the nation the server is based to try and get the identity and then sue the person in Korea. But yeah. Not likely to happen. |
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