Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

Is slander allowed on the forums?

Devlin Gallant
Thought Police
Join date: 18 Jun 2003
Posts: 5,948
11-27-2004 10:39
From: blaze Spinnaker
The lindens are not liable(at least I hope not, IANAL..) but they would have to give up credit card receipts, etc if a supeona was issued.


UANAL? You are admitting to being anal? :D
_____________________
I LIKE children, I've just never been able to finish a whole one.
Higbee Protagonist
Yggdrai Ranger
Join date: 7 Aug 2003
Posts: 266
11-27-2004 11:29
I never poke into these threads but I must comment on something that hasn't been mentioned.

Stating things that are LIBEL or SLANDEROUS rely on an agreed upon set of morals. Something this world does not have. If you use the TOS as a set of SL morals, then LIBEL or SLANDEROUS behavior is not allowed at all. You must fill out an Abuse Report and bringing it to the forums would cause the poster to get in further trouble. As SL grows and LL loses control on most fronts, this all becomes fairly useless. The TOS is already massivly outdated and it was updated only a couple of months ago. I believe that LL is backing further away and leaving it to the community to determine the realities of our morals. However what is moral for one may be completely immoral for another. Therefore I imagine the future of SL to be a series of city-states that each have a local set of morals, if you will. The private islands have already begun this process in many scenarios.

I personally don't believe anyone should make posts about anything LIBEL or SLANDEROUS. If you are unable to take care of the situation yourself by either discussing it with the individual or making an abuse report, then it is not a large enough issue to be dealt with. Lastly if you don't have proof beyond a shadow of a doubt, then you definitely shouldn't even bother posting here. Take it as a loss and move on, or find yourself buried in flames. That's kind of the way it works in these forums :(
_____________________
Higbee Protagonist

************************
"Even an immobile stone will respond to you
If you approach with love, call out, and talk to it."
- Shinagawa Tetsuzan

http://www.redprometheus.com
Anshe Chung
Business Girl
Join date: 22 Mar 2004
Posts: 1,615
11-27-2004 11:57
Thank you for your answers :-)

Mmmm, I guess this is one more issue that somehow brings us to the topic of player governance...
_____________________
ANSHECHUNG.COM: Buy land - Sell land - Rent land - Sell sim - Rent store - Earn L$ - Buy L$ - Sell L$

SLEXCHANGE.COM: Come join us on Second Life's most popular website for shopping addicts. Click, buy and smile :-)
Bob Bravo
Registered User
Join date: 10 Jun 2004
Posts: 210
11-27-2004 13:28
From: Anshe Chung
Is it allowed to post that you "know" that group ABC does evil deed XYZ, while in reality you don't know or even know that what you post is not true?

For example, if Bob does not like Club Bronx, would he be allowed to post the lie that he "know" that all officer of Club Bronx have sold freebie items?

I ask this because I saw somebody post things like this and wonder if I should make forum moderator busy.


For the edification of all - I am NOT the Bob mentioned in this missive!

Bob Bravo, esq.
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
11-27-2004 13:30
From: Higbee Protagonist
Therefore I imagine the future of SL to be a series of city-states that each have a local set of morals, if you will. The private islands have already begun this process in many scenarios.


Not unlike Neal Stephenson's The Diamond Age, which I find fascinating. Already there seem to be what could be classified as "phyles" as within the book, although the difference is that in SL, we can join up to 15 of them. ;)
_____________________
Siobhan Taylor
Nemesis
Join date: 13 Aug 2003
Posts: 5,476
11-27-2004 13:37
From: Anshe Chung
Is it allowed to post that you "know" that group ABC does evil deed XYZ, while in reality you don't know or even know that what you post is not true?

For example, if Bob does not like Club Bronx, would he be allowed to post the lie that he "know" that all officer of Club Bronx have sold freebie items?

I ask this because I saw somebody post things like this and wonder if I should make forum moderator busy.


Ignoring the slander/libel differential... I've come to the conclusion that not only is it allowed, but rather it's compulsory.
_____________________
http://siobhantaylor.wordpress.com/
Dhuzunt Playfair
Registered User
Join date: 15 Sep 2004
Posts: 41
11-27-2004 15:46
you made ur bed, now lay in it...famous RL peeps have so called "lies" or "slander" against them? SL celeb=same probs as RL celeb...socially...be a biggot...i dont care...can i get a discount on some land? ohhhh, you cant afford it....dats kewl..i understand. just go buy some more land, dont help the lil man out...hehe

im talkin out my ass...lol...just call it jealousy...might make u feel better

will u sign my bum?
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
11-27-2004 16:03
I'd like to loudly and proudly announce that since it can be difficult for slander and libel to be diffrentiated, I shall combine the both of them as follows:

slander + libel = slibel, or SLibel to be even more fitting.

Here's my daily SLibel:

Francis Chung makes dangerous products.
A hug attachment cause me emotional distress
too many hug crush my avatar bones
Seburo is popular weapon with griefer kin
I blame Miss Chung
she makes the weapons
It *all* her fault
Jetski is not friendly to metaverse environment
Watches choke wrists
Big desk = too many prims, starves other prims
She is a diabolical
ARMS DEALER
and fiend of
DIGITAL WITCHCRAFT
I am in the process of filing a lawsuit.
Her grevious ways must be stopped!
_____________________
Jeska Linden
Administrator
Join date: 26 Jul 2004
Posts: 2,388
11-27-2004 16:09
Per our Forum Guidelines (availble from the "Guidelines" link at the top of the forum pages) - we will remove any "Hate speech and revelation of other people’s real life information" and we will also take various steps while moderating the forums, including "editing aggressively offensive personal attacks to remove those statements that violate the community standards (with an accompanying statement explaining the violation and reason for edit), please note inflammatory language, such as "fraud, liar, cheater, griefer, troller, jerk, scam artist" etc is strongly discouraged, but will not be removed."

Further, while we don't condone slander, it is very difficult online, as in the real world, to define or prove. If someone has written something on the Forums which you believe is slander, I would suggest that you discuss it with the individual involved to come to some form of resolution. Also, if it is a business issue, another way to 'disprove' the claim is by having your loyal customers vouch for you directly.
Selador Cellardoor
Registered User
Join date: 16 Nov 2003
Posts: 3,082
11-27-2004 16:11
Jeska,

Indeed. Slander is surely a civil matter. I would like to see only illegal things (plus racial hate speech, which is illegal in my country) removed from the forums.
_____________________
Hank Ramos
Lifetime Scripter
Join date: 15 Nov 2003
Posts: 2,328
11-27-2004 16:45
It's a game.
Get a life.
Get over it.
_____________________
Malachi Petunia
Gentle Miscreant
Join date: 21 Sep 2003
Posts: 3,414
11-27-2004 16:50
From: Anshe Chung
... I guess this is one more issue that somehow brings us to the topic of player governance...
Great idea... really great... I hereby nominate Ms. Anshe Chung as Barroness Royale, Dutchess of Ahern, and Lady of Olive.

Oh wait, I guess one doesn't get elected to those positions of feudal peerage. Never mind.
Lisse Livingston
Mentor/Instructor/Greeter
Join date: 16 May 2004
Posts: 1,130
11-27-2004 18:53
From: Jeska Linden
Also, if it is a business issue, another way to 'disprove' the claim is by having your loyal customers vouch for you directly.


...and this is something I see all too little of in heated threads. One has to wonder, why?
_____________________
Land Developer, Builder and Real Estate Agent
Come to my events!
Sundays at 10:00 am: Texturing Contest
Tuesdays at 5:00 pm: Land 101 and at 7:00 pm: Trivia
Thursdays at 7:00 pm: Land 101
Fridays at 7:00 pm: Primtionary
(Other events occasionally scheduled)
Read my LiveJournal!
Visit my Livingston Properties web site for your Real Estate and Building needs!
Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
11-29-2004 03:16
From: Jake Cellardoor
Nope. If it's true, it's not libel (or slander). (Of course, if it goes to trial, you have to be able to prove it's true.)

I don't know what forum policy is on this matter. I doubt the policy explicitly permits slander. Ideally, the forum is not the place for making accusations about another player at all; filing an abuse report is preferred. Personal attacks usually result in a thread being locked down. People often make assertions about others, though.

You have no idea what slander and libel are. Please don't confuse people.

Slandar and libel are essentially the same thing, with one and only one difference:
slander is spoken, libel is written.

That's it.

So unless it's in RL, on the phone, teamspeak, or other form of verbal spoken communication, we're talking libel.

With that distinction out of the way, we can define both very clearly with a set of requirements:
1. The statements in question are not true.
2. The statements are made specifically about someone. (As opposed to a race or creed.)
3. Even if no specific name is mentioned, it still may be slander / libel under a few conditions:
3a. The person slander / libels a group small enough. (Usually about 20 people or less.)
3b. The identity of the victim is easily obtained. Example, "The person who lives at 1600 Penn Ave" or "the blonde office assistant from XYZ Dept."

Libel and slander are not criminal offenses, but civil. The civil recourse is very straightforward.
1. Slander / libel can be proven by the alleged victim.
2. A demonstratable loss can be proven. (Monetary, loss of job, etc.)
3. Again, statements are not true.
4. The alleged victim does not fall under a good faith celebrity exception. (The landmark case being The People vs. Larry Flint - where the famous p0rn mogul won a Supreme Court appeal that his satirical portrayel of Jerry Falwell was meant to be humorous and not taken seriously.) This is not a blanket exception, as plenty of celebrities, for example, have won cases against tabloids for printing outlandish false stories. The key factor here is whether the alleged slander / libel was intended to be humorous.

Remember:
Linden Lab falls under US Laws. These are not criminal laws, again, but since Linden Lab controls the medium of the forum and claims to regulate it, it is easily arguable in civil court that un-censored libel in these forums is in fact encouraged by Linden Lab and therefore they can be held responsible.

I recommend everyone to be familiar with their rights, don't put up with slander or libel anywhere, get tough with griefers, and remember that a lot of us are here to support you, because we all fear for our rights ;)
_____________________
Hiro Pendragon
------------------
http://www.involve3d.com - Involve - Metaverse / Emerging Media Studio

Visit my SL blog: http://secondtense.blogspot.com
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
11-29-2004 03:19
Nicely said.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Jauani Wu
pancake rabbit
Join date: 7 Apr 2003
Posts: 3,835
11-29-2004 03:25
if you want to make a libel case, you have to publically renounce your anonymity to the community before the libel is printed.

example:
hiro pendragon wears womens underwear.

now i will walk away from this thread unscathed. although if my comments results in loss of sword sales, i might be in trouble.
_____________________
http://wu-had.blogspot.com/
read my blog

Mecha
Jauani Wu
hero of justice
__________________________________________________
"Oh Jauani, you're terrible." - khamon fate


Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
11-29-2004 03:29
From: Jauani Wu
if you want to make a libel case, you have to publically renounce your anonymity to the community before the libel is printed.

example:
hiro pendragon wears womens underwear.

now i will walk away from this thread unscathed. although if my comments results in loss of sword sales, i might be in trouble.

I don't see how the example has anything to do with your statement, and I don't see any explanation of your assertion.

Why do you think we have to give up RL anonymity to the community? If I have an alias in RL and that alias is slandered, I have just as much of a case.
_____________________
Hiro Pendragon
------------------
http://www.involve3d.com - Involve - Metaverse / Emerging Media Studio

Visit my SL blog: http://secondtense.blogspot.com
Jauani Wu
pancake rabbit
Join date: 7 Apr 2003
Posts: 3,835
11-29-2004 03:40
here's how i know hiro wears panties - they are always tied in a knot. :D

my example illustrates, who the heck is hiro pendragon anyway? it's not you, the person i'm talking to, but a virtual entity. i did note if these comments do affect your sales of swords, and consequently, hundreds of USD a month of income, i might be in trouble.

good luck to anyone wishing to sue me or LL.
_____________________
http://wu-had.blogspot.com/
read my blog

Mecha
Jauani Wu
hero of justice
__________________________________________________
"Oh Jauani, you're terrible." - khamon fate


Catherine Cotton
Tis Elfin
Join date: 2 Apr 2003
Posts: 3,001
11-29-2004 03:43
Now you boys play nice ;)
_____________________
Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
11-29-2004 05:48
From: Jauani Wu
who the heck is hiro pendragon anyway? it's not you, the person i'm talking to, but a virtual entity.

Okay, you've clarified what you meant.

Hiro Pendragon could be considered one of two things:
1. An alias. Clearly SL is just another means of which humans communicate, and so while you're talking through a virtual entity, the end interlocutor is the same. (I love when I get to use that word!)
2. A business / a brand name. In RL companies can sue for libel / slander just as much as people can. If I come out with a phony study that says say, Tylenol kills babies, and it's picked up by National media, and then the sales and stock of Tylenol's owner company plummets, and stays down even after the truth is out... that's clear grounds for civil action. The requirements are met:
- A specific person / company targetted (I omitted the company in the original post, I admit, but I did it so as not to confuse people)
- False statements
- Shown monetary damages
- Proof that this was not meant as a humorous thing. (As proof that it was presented and accepted by news media.)

I may add that slander / libel is one of the exceptions to the US 1st Amendment for freedom of speech.

Edit: And I doubt I'll lose sales for my <SUBLIMINAL AD>blades</SUBLIMINAL AD> by you saying that, lol!
_____________________
Hiro Pendragon
------------------
http://www.involve3d.com - Involve - Metaverse / Emerging Media Studio

Visit my SL blog: http://secondtense.blogspot.com
Blake Rockwell
Fun Businesses
Join date: 31 Oct 2004
Posts: 1,606
11-29-2004 05:52
From: Cubey Terra
No, it's not slander. Slander is spoken. It would libel.

Then again, is it libellous if it's true?


Next we're gonna need an SL court of Law with Judges, Jury and Council. Another part of government.
_____________________
Kris Ritter
paradoxical embolism
Join date: 31 Oct 2003
Posts: 6,627
11-29-2004 05:58
Ya know what I find funny? Most RL nations bitch about their governments and local administrations and the restrictions they bring and the freedoms they inhibit. Here we are pioneering a completely new virtual evolution that we have the ability to shape into the utopia we dream of... and people are screaming for legislation, governments, more rules and regulations merely because they don't know how to conduct themselves as a group or community and need to be told what to do instead of trying to think for themselves.

Humans are odd creatures. So glad I'm not one.
Blake Rockwell
Fun Businesses
Join date: 31 Oct 2004
Posts: 1,606
11-29-2004 06:00
Oh..we will also have Animal Rights activists next to protect your rights Kris. lol. :D
_____________________
Xtopherxaos Ixtab
D- in English
Join date: 7 Oct 2004
Posts: 884
11-29-2004 06:00
http://www.wave.net/immigration/lawyer/libel.html
_____________________
Shadow Weaver
Ancient
Join date: 13 Jan 2003
Posts: 2,808
11-29-2004 06:02
<<Reads Kris's thread reply first....


Hmmm...so True

<<Reads rest of threads.....

Walks out of thread Laughing Hystericaly
_____________________
Everyone here is an adult. This ain't DisneyLand, and Mickey Mouse isn't going to swat you with a stick if you say "holy crapola."<Pathfinder Linden>

New Worlds new Adventures
Formerly known as Jade Wolf my business name has now changed to Dragon Shadow.

Im me in world for Locations of my apparrel

Online Authorized Trademark Licensed Apparel
http://www.cafepress.com/slvisions
OR Visit The Website @
www.slvisions.com
1 2 3