In addition, as a general rule, expressions of opinion are usually
protected. As stated below, it it false oral statements of fact that can
give rise to a slander suit; false written statements to a libel suit. Thus,
as long as all statements are factually correct (and objectively verifialbe,
just in case a suit is started), no action for defamation will arise.
By the way, defamation is the general term. Libel is written, slander is
spoken.
-----Original Message-----
From: owner-olympus@xxxxxxxxxxxxxxx
[mailto:owner-olympus@xxxxxxxxxxxxxxx]On Behalf Of Samuel Morales
Sent: Tuesday, February 08, 2000 12:27 AM
To: olympus@xxxxxxxxxxxxxxx
Subject: Re: [OM] Interesting item on eBay web site item#252885791:
OLYMPUS OM4 35MM BODY WOW <<LOOK>>
I disagree with your remarks. Slander is when you intentionally
misrepresent a fact known to be false with the intent to cause harm to one's
reputation and that harm is irreparable , in as so much that the individual
suffers a financial loss.
If your stating a fact... i.e. I read an email from an individual who had
problems with this guy and judging by the sellers feedback you best beware,
before you purchase the OM-4.
You have stated nothing in the above that was defamatory or slanderous. It
actually occurred and you could not be held liable. One good thing about
the internet is this median is open to the public as if you were standing
next to the person and bad word travels quickly.....
Sam...
-----Original Message-----
From: John A. Lind <jlind@xxxxxxxxxxx>
To: olympus@xxxxxxxxxxxxxxx <olympus@xxxxxxxxxxxxxxx>
Date: Monday, February 07, 2000 7:13 PM
Subject: Re: [OM] Interesting item on eBay web site item#252885791: OLYMPUS
OM4 35MM BODY WOW <<LOOK>>
>I compared some of the photos. The latest auction one does not look
>exactly like the previous two which had identical wear marks on them. My
>guess is he may be truthfully stating he has more than one OM-4.
>
>That said, I'm not convinced he's telling the _whole_ truth and highly
>suspicious his auction tactics, if not deceitful, are less than ethical.
>
>You could set yourself up for some legal problems if you interfere with his
>auction sending notes to bidders and cannot *prove* (to the satisfaction of
>a California court which has jurisdiction for eBay) he is playing games.
>Sending a note telling someone he's a "slug" with his auction tactics is
>libelous if you cannot prove the facts. If you do this, I suggest stating
>*only* facts you can easily *prove* and not suspicions.
>
>-- John
>
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