Re: Web Poster Who Republishes Defamation May Be Liable

Discussion in 'Health and medical' started by Ilena, Oct 21, 2003.

  1. Ilena

    Ilena Guest

    "Nana Weedkiller" <[email protected]>

    Why Willa Dean (or is it little Teddy?)

    You snippered the best part!

    "The court did, however, uphold the dismissal of claims by Polevoy's
    co-plaintiff, Dr. Stephen Barrett, saying Barrett did not prove he was
    likely to prevail."


    As Publicist for the Quacks ... you appear to be attempting to hide
    the FACT that King Quack Barrett and his attorney, Grell, LOST 100% to
    me ...

    Interesting that after both of his defeats ... you have announced them
    ... and then upped your defamation campaign of me, while Myrl, giddy
    with pleasure, ooohs and aaaahs how wonderful "Nana" (why would a 70
    year old grannie stoop to such levels???) is.

    Within hours of posting about this case on the Quacks behalf ... was
    it Willa Dean or Little Teddy who sunk the QuackPublicist Team to this
    level:

    http://ilena.rose.wasarrested.com/San+Jose/crack/F

    Does not look good for Barrett and Polevoy!

    Myrl may have learned well from her Mentor ... but reposting
    defamation may not be such a great idea for you two.





    http://www.metnews.com/articles/barr101703.htm

    Metropolitan News-Enterprise



    Friday, October 17, 2003



    Page 1



    Web Poster Who Republishes Defamation May Be Liable—C.A.



    By KENNETH OFGANG, Staff Writer/Appellate Courts



    A recent federal law that immunizes users of interactive computer
    services from liability for content authored by others does not
    abrogate traditional liability for republication of material that one
    knows or reasonably should know to be false and defamatory, the First
    District Court of Appeal has ruled.

    Div. Two Wednesday breathed new life into claims by Dr. Terry Polevoy,
    a Canadian-based physician and operator of the "Quackbuster" website,
    that he was libeled in newsgroup postings by Ilena Rosenthal.

    The appellate panel overturned Alameda Superior Court Judge James
    Richman's dismissal of Polevoy's case under the anti-SLAPP statute.
    The court did, however, uphold the dismissal of claims by Polevoy's
    co-plaintiff, Dr. Stephen Barrett, saying Barrett did not prove he was
    likely to prevail.

    The Antagonists

    Rosenthal is an advocate of "alternative medicine," while Polevoy and
    Barrett have devoted themselves to combating "nonstandard" medical
    practices. In striking the plaintiffs' claims under Code of Civil
    Procedure Sec. 425.16, Richman ruled that even if Rosenthal defamed
    the pair in her postings, she was immune under Sec. 230 of the
    Communications Decency Act, which provides in part that "[n]o provider
    or user of an interactive computer service shall be treated as the
    publisher or speaker of any information provided by another
    information content provider."

    But Presiding Justice J. Anthony Kline, writing for the Court of
    Appeal, said Polevoy can still prevail if he proves that Rosenthal
    knew of the falsity of republished material from other sources
    accusing Polevoy of "stalking women" and various specific criminal
    acts.

    Legislative Intent

    The statutory reference to "publisher" does not show legislative
    intent to confer absolute immunity, Kline wrote.

    Citing the U.S. Supreme Court's Gertz v. Robert Welch, Inc. decision,
    Kline wrote:

    "Legislative use of the legally uncertain word ‘publisher' is simply
    too flimsy a basis upon which to grant providers and users of
    interactive computer services what amounts to an ‘absolute protection'
    requiring the ‘total sacrifice of the competing value served by the
    law of defamation' and the subordination of ‘a concept at the root of
    any decent system of ordered liberty.'...When distinguishing the
    liability of publishers and distributors, eminent law professors
    writing scholarly articles in learned journals commonly use the word
    ‘publisher' to refer only to a primary publisher, even when their
    subject is the transmission of speech in cyberspace."

    The case is Barrett v. Rosenthal, 03 S.O.S. 5385.
     
    Tags:


  2. Myrl

    Myrl Guest

    Ilena:
    I may feel like I'm 70 after this hard day at the office, but my birth
    certificate states I'm just 60. And yup, I'm very proud to be a
    granny.

    Since you have no idea who Nana is, Ilena. . .I'd suggest toning down
    your claims that you do!

    You'll recall Ilena, that I was one of only two of ALL your supporters
    that wrote a statement for you to take into courts against Patrick
    O'leary. How do you reconcile to other's that I'm working the
    manufacturer side of things?????

    It simply doesn't pencil!

    Myrl


    [email protected] (Ilena) wrote in message news:<[email protected]>...
    >
    > Interesting that after both of his defeats ... you have announced them
    > .. and then upped your defamation campaign of me, while Myrl, giddy
    > with pleasure, ooohs and aaaahs how wonderful "Nana" (why would a 70
    > year old grannie stoop to such levels???) is.
    >
     
  3. "Myrl" <[email protected]> wrote in message
    news:[email protected]
    > Ilena:
    > I may feel like I'm 70 after this hard day at the office, but my birth
    > certificate states I'm just 60. And yup, I'm very proud to be a
    > granny.


    Sounds as if Ilena is jealous of grandmotherhood. Now why would
    that be? So sad. She'll never hold one of those cute cuddly little
    beings and know that a part of her resides in the little body?
     
  4. [email protected] (Ilena) wrote:

    >Within hours of posting about this case on the Quacks behalf ... was
    >it Willa Dean or Little Teddy who sunk the QuackPublicist Team to this
    >level:
    >
    >http://ilena.rose.wasarrested.com/San+Jose/crack/F


    But, Ilena, I read on the Internet that you are a crack whore. How
    could it possibly be defamatory for me to repeat it? I refer you to a
    court case in California where a woman republished defamatory material
    and then claimed that any attempt to take action against her was an
    attack on her freedom of speech. With a precedent allowing anyone to
    say anything about anybody, regardless of truth, if it has been
    published on the Internet, how can you possibly complain?

    I realise that you will not be able to answer me coherently and
    without calling me names, but I really would like to know how you
    think that you can say anything you like even when you know it to be
    untrue but expect people to respect your reputation.

    --
    Peter Bowditch
    The Millenium Project http://www.ratbags.com/rsoles
    The Green Light http://www.ratbags.com/greenlight
    and The New Improved Quintessence of the Loon with added Vitamins and C-Q10 http://www.ratbags.com/loon
    To email me use my first name only at ratbags.com
     
  5. Rich Andrews

    Rich Andrews Guest

    Peter Bowditch <[email protected]> wrote in
    news:[email protected]:

    > [email protected] (Ilena) wrote:
    >
    >>Within hours of posting about this case on the Quacks behalf ... was
    >>it Willa Dean or Little Teddy who sunk the QuackPublicist Team to this
    >>level:
    >>
    >>http://ilena.rose.wasarrested.com/San+Jose/crack/F

    >
    > But, Ilena, I read on the Internet that you are a crack whore. How
    > could it possibly be defamatory for me to repeat it? I refer you to a
    > court case in California where a woman republished defamatory material
    > and then claimed that any attempt to take action against her was an
    > attack on her freedom of speech. With a precedent allowing anyone to
    > say anything about anybody, regardless of truth, if it has been
    > published on the Internet, how can you possibly complain?
    >
    > I realise that you will not be able to answer me coherently and
    > without calling me names, but I really would like to know how you
    > think that you can say anything you like even when you know it to be
    > untrue but expect people to respect your reputation.
    >
    > --
    > Peter Bowditch
    > The Millenium Project http://www.ratbags.com/rsoles
    > The Green Light http://www.ratbags.com/greenlight
    > and The New Improved Quintessence of the Loon with added Vitamins and C-

    Q10 http://www.ratbags.com/loon
    > To email me use my first name only at ratbags.com




    Why do I get a visual image of Ms. Loony losing it like Donald Duck?

    r



    --
    Nothing beats the bandwidth of a station wagon filled with DLT tapes.
     
  6. Coleah

    Coleah Guest

    "Peter Bowditch" <[email protected]> wrote in message
    news:[email protected]
    > [email protected] (Ilena) wrote:
    >
    > >Within hours of posting about this case on the Quacks behalf ... was
    > >it Willa Dean or Little Teddy who sunk the QuackPublicist Team to this
    > >level:
    > >
    > >http://ilena.rose.wasarrested.com/San+Jose/crack/F

    >
    > But, Ilena, I read on the Internet that you are a crack whore. How
    > could it possibly be defamatory for me to repeat it? I refer you to a
    > court case in California where a woman republished defamatory material
    > and then claimed that any attempt to take action against her was an
    > attack on her freedom of speech. With a precedent allowing anyone to
    > say anything about anybody, regardless of truth, if it has been
    > published on the Internet, how can you possibly complain?
    >
    > I realise that you will not be able to answer me coherently and
    > without calling me names, but I really would like to know how you
    > think that you can say anything you like even when you know it to be
    > untrue but expect people to respect your reputation.
    >
    > --
    > Peter Bowditch
    > The Millenium Project http://www.ratbags.com/rsoles
    > The Green Light http://www.ratbags.com/greenlight
    > and The New Improved Quintessence of the Loon with added Vitamins and

    C-Q10 http://www.ratbags.com/loon
    > To email me use my first name only at ratbags.com



    Hmmmm.....in search of new links?....the ratbag.com section called The
    Millenium Project:
    One sort of ratbag is the dangerous lunatic. In an ideal world, these people
    would not have web sites.

    The Millenium Project lists a thousand of these ghastly sites, and new links
    and commentaries are added each week. The name is not misspelled - it is
    derived from the Latin "mille", meaning 1000, and "anus".
     
  7. Myrl

    Myrl Guest

    Yup Nana, it seems that Ilena is jealous of a lot of things. A couple
    of days ago, I couldn't help but wonder how it is, that a person could
    get a BA in Psychology, be a licensed Realtor in the state of
    California, has fairly advanced computer skills, but would choose a
    life and careers of Dating Services, Pepper Spray salesperson;
    counterfit bill detector salesperson; timeshare slammer; business
    partner of Anthony Zaffuto (founder of Calvary Boys Ranch/which became
    Teens in Trouble/which became Humantics Foundation), and the author of
    books & videos, "Solo Male Ecstasy," and/or "The Complete Guide to
    Oral Lovemaking."

    What is wrong with that picture. . .With all Ilena's education, and
    all her skills, there is something askew, that keeps her from making
    good choices for herself.

    Myrl




    "Nana Weedkiller" <[email protected]> wrote in message news:<[email protected]>...
    > "Myrl" <[email protected]> wrote in message
    > news:[email protected]
    > > Ilena:
    > > I may feel like I'm 70 after this hard day at the office, but my birth
    > > certificate states I'm just 60. And yup, I'm very proud to be a
    > > granny.

    >
    > Sounds as if Ilena is jealous of grandmotherhood. Now why would
    > that be? So sad. She'll never hold one of those cute cuddly little
    > beings and know that a part of her resides in the little body?
     
  8. Ilena

    Ilena Guest

    Peter Bowditch <[email protected]>
    >
    > >Within hours of posting about this case on the Quacks behalf ... was
    > >it Willa Dean or Little Teddy who sunk the QuackPublicist Team to this
    > >level:
    > >
    > >http://ilena.rose.wasarrested.com/San+Jose/crack/F

    >
    > But, Ilena, I read on the Internet that you are a crack whore. How
    > could it possibly be defamatory for me to repeat it?



    Well done Ratz ... many of these lies and disgusting, cowardly
    propaganda against me come from those of you who also do PR for the
    Quacks/Healthfrauds ... must be black helicopters!


    ~~~~~~~~~~~~~~~~~~~~

    As the ruling in this case right now ... which completely defeated
    Both Quack Barrett and attorney Grell (who sued me for libel even tho
    I had never mentioned his name) ... were one to repeat libel (such as
    you are now doing) ... they could be held accountable.

    Way more to be revealed in this case ...
     
  9. JJ

    JJ Guest

    [email protected] (Myrl) wrote in message news:<[email protected]>...
    > Ilena:
    > I may feel like I'm 70 after this hard day at the office, but my birth
    > certificate states I'm just 60. And yup, I'm very proud to be a
    > granny.
    >
    > Since you have no idea who Nana is, Ilena. . .I'd suggest toning down
    > your claims that you do!
    >
    > You'll recall Ilena, that I was one of only two of ALL your supporters
    > that wrote a statement for you to take into courts against Patrick
    > O'leary. How do you reconcile to other's that I'm working the
    > manufacturer side of things?????
    >
    > It simply doesn't pencil!
    >
    > Myrl
    >
    >
    > [email protected] (Ilena) wrote in message news:<[email protected]>...
    > >
    > > Interesting that after both of his defeats ... you have announced them
    > > .. and then upped your defamation campaign of me, while Myrl, giddy
    > > with pleasure, ooohs and aaaahs how wonderful "Nana" (why would a 70
    > > year old grannie stoop to such levels???) is.
    > >


    Sounds like Ilena is jealous.
     
  10. Ilsa9

    Ilsa9 Guest

    >Yup Nana, it seems that Ilena is jealous of a lot of things. A couple
    >of days ago, I couldn't help but wonder how it is, that a person could
    >get a BA in Psychology, be a licensed Realtor in the state of
    >California, has fairly advanced computer skills, but would choose a
    >life and careers of Dating Services, Pepper Spray salesperson;
    >counterfit bill detector salesperson; timeshare slammer; business
    >partner of Anthony Zaffuto (founder of Calvary Boys Ranch/which became
    >Teens in Trouble/which became Humantics Foundation), and the author of
    >books & videos, "Solo Male Ecstasy," and/or "The Complete Guide to
    >Oral Lovemaking."
    >
    >What is wrong with that picture. . .With all Ilena's education, and
    >all her skills, there is something askew, that keeps her from making
    >good choices for herself.
    >
    >Myrl


    I guess Ilena couldn't get into a Chiropractic school....
     
  11. Ilena

    Ilena Guest

    > [email protected] (Myrl) wrote in message

    > >
    > > Since you have no idea who Nana is, Ilena. . .



    LOL ... that's ridiculous.

    It is either 70 something year old willa Dean or her little boy, Teddy
    Nidifdfer cowardly hiding behind the aliases you find so appealing to
    join forces with, Myrl.


    As Myrl said, she wanted to be just like this lying coward who hides
    behind fake names (right "BA") ... and she is!

    "I must admit however, I am a Rev. Cathy Credulous "wannabe," and
    would
    be happy to call "her" work my own!"

    Myrl, September 1, 2001

    Nidiffer hid behind "Cathy Credulous" before ... claiming to be a
    Reverend ... he is a known Usenet terrorist ... who also uses
    "petitions" such as the one Myrl has been distributing with fake
    people and forged names on it ...

    Myrl and Willa/Teddy ... nice team!

    For over 700 posts of Myrl's ... claiming I'm a cocaine addict and a
    pandering whore ... visit this link with links to her attempts to
    defame me.

    www.humanticsfoundation.com/Myrl.html


    ~~~~~~~~~~~~

    If you came here for breast implant info ... please visit;

    www.BreastImplantAwareness.org
     
  12. toolz toolz

    toolz toolz Guest

  13. [email protected] (Ilena) wrote:

    >For over 700 posts of Myrl's ... claiming I'm a cocaine addict and a
    >pandering whore ... visit this link with links to her attempts to
    >defame me.


    Ilena, when are you going to realise that nobody can defame you?
    According to a judge in California, if someone just repeats what they
    read on the Internet it is not defamation. You of all people should be
    aware of this.

    How are the masturbation videos selling?

    --
    Peter Bowditch
    The Millenium Project http://www.ratbags.com/rsoles
    The Green Light http://www.ratbags.com/greenlight
    and The New Improved Quintessence of the Loon with added Vitamins and C-Q10 http://www.ratbags.com/loon
    To email me use my first name only at ratbags.com
     
  14. toolz toolz

    toolz toolz Guest

    You could buy two more Peter.
    "Peter Bowditch" <[email protected]> wrote in message
    news:[email protected]
    > [email protected] (Ilena) wrote:
    >
    > >For over 700 posts of Myrl's ... claiming I'm a cocaine addict and a
    > >pandering whore ... visit this link with links to her attempts to
    > >defame me.

    >
    > Ilena, when are you going to realise that nobody can defame you?
    > According to a judge in California, if someone just repeats what they
    > read on the Internet it is not defamation. You of all people should be
    > aware of this.
    >
    > How are the masturbation videos selling?
    >
    > --
    > Peter Bowditch
    > The Millenium Project http://www.ratbags.com/rsoles
    > The Green Light http://www.ratbags.com/greenlight
    > and The New Improved Quintessence of the Loon with added Vitamins and

    C-Q10 http://www.ratbags.com/loon
    > To email me use my first name only at ratbags.com
     
  15. Ilena

    Ilena Guest

    Peter Bowditch <[email protected]>


    > How are the masturbation videos selling?


    I have no idea ... never heard of them before Myrl and Susan Schaezler
    posted about them dozens and dozens and dozens dozens of times.

    Ask them if you need some help.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    www.humanticsfoundation.com/SS.html

    www.humanticsfoundation.com/Myrl.html

    www,humanticsfoundation.com/disinfoagents.htm


    ~~~~~~~~~~~~~~

    For information on breast implants and the PR the silicone and PS
    industries fund, please visit:

    www.BreastImplant.Awareness.org
     
  16. David Wright

    David Wright Guest

    In article <[email protected]>,
    Peter Bowditch <[email protected]> wrote:
    >[email protected] (Ilena) wrote:
    >
    >>For over 700 posts of Myrl's ... claiming I'm a cocaine addict and a
    >>pandering whore ... visit this link with links to her attempts to
    >>defame me.

    >
    >Ilena, when are you going to realise that nobody can defame you?
    >According to a judge in California, if someone just repeats what they
    >read on the Internet it is not defamation. You of all people should be
    >aware of this.


    Absolutely. Now that I've read on Usenet that Ilena is a
    crack whore, I'm free to republish the original information
    with not a worry in the world.

    What goes around, comes around.

    -- David Wright :: alphabeta at prodigy.net
    These are my opinions only, but they're almost always correct.
    "If I have not seen as far as others, it is because giants
    were standing on my shoulders." (Hal Abelson, MIT)
     
  17. Jan

    Jan Guest

    >Subject: Re: Web Poster Who Republishes Defamation May Be Liable
    >From: [email protected] (David Wright)
    >Date: 10/22/2003 10:52 PM Central Standard Time
    >Message-id: <[email protected]>
    >
    >In article <[email protected]>,
    >Peter Bowditch <[email protected]> wrote:
    >>[email protected] (Ilena) wrote:
    >>
    >>>For over 700 posts of Myrl's ... claiming I'm a cocaine addict and a
    >>>pandering whore ... visit this link with links to her attempts to
    >>>defame me.

    >>
    >>Ilena, when are you going to realise that nobody can defame you?
    >>According to a judge in California, if someone just repeats what they
    >>read on the Internet it is not defamation. You of all people should be
    >>aware of this.

    >
    >Absolutely. Now that I've read on Usenet that Ilena is a
    >crack whore, I'm free to republish the original information
    >with not a worry in the world.


    I wouldn't worry about the world, just remember the man upstairs knows what you
    do and why.

    >What goes around, comes around.


    Yep.

    Be careful.

    Jan
     
  18. "Ilena" <[email protected]> wrote in message
    news:[email protected]
    > Peter Bowditch <[email protected]>
    > >
    > > >Within hours of posting about this case on the Quacks behalf ... was
    > > >it Willa Dean or Little Teddy who sunk the QuackPublicist Team to this
    > > >level:
    > > >
    > > >http://ilena.rose.wasarrested.com/San+Jose/crack/F

    > >
    > > But, Ilena, I read on the Internet that you are a crack whore. How
    > > could it possibly be defamatory for me to repeat it?

    >
    >
    > Well done Ratz ... many of these lies and disgusting, cowardly
    > propaganda against me come from those of you who also do PR for the
    > Quacks/Healthfrauds ... must be black helicopters!
    >
    > ~~~~~~~~~~~~~~~~~~~~
    > As the ruling in this case right now ... which completely defeated
    > Both Quack Barrett and attorney Grell (who sued me for libel even tho
    > I had never mentioned his name) ... were one to repeat libel (such as
    > you are now doing) ... they could be held accountable.
    >


    One wonders if libel is being repeated in this post, why is Ilena
    reposting it so many times?

    >Way more to be revealed in this case ...


    Oh, I can't wait!

    Will you be sueing yourself for reposting libel?

    Does Costa Rica have SLAPP laws or will you crawl through
    the bushes to Ca and file against yourself?

    HAHAHAHAHAHAHAHAHAHAHAHA!
     
  19. Ilsa9

    Ilsa9 Guest

    >In article <[email protected]>,
    >Peter Bowditch <[email protected]> wrote:
    >>[email protected] (Ilena) wrote:
    >>
    >>>For over 700 posts of Myrl's ... claiming I'm a cocaine addict and a
    >>>pandering whore ... visit this link with links to her attempts to
    >>>defame me.

    >>
    >>Ilena, when are you going to realise that nobody can defame you?
    >>According to a judge in California, if someone just repeats what they
    >>read on the Internet it is not defamation. You of all people should be
    >>aware of this.

    >
    >Absolutely. Now that I've read on Usenet that Ilena is a
    >crack whore, I'm free to republish the original information
    >with not a worry in the world.


    Ilena is a _Crack_ Whore? I wouldn't have ever guessed nor suspected such a
    thing.

    Ilena is it true? If not, was it true, and if so, for how long?

    >
    >What goes around, comes around.
    >
    > -- David Wright
     
  20. In <[email protected]>, Jan wrote:

    > I wouldn't worry about the world, just remember the man upstairs knows what you
    > do and why.


    The why do you repeatedly post about court decisions?

    --
    | "Really, I'm not out to destroy Microsoft. That will just be a |
    | completely unintentional side effect. " -- Linus Torvalds |
    +--------------- D. C. Sessions <[email protected]> ----------+
     
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