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Subject:
intellectual property
Category: Reference, Education and News > Education Asked by: kdmac6-ga List Price: $20.00 |
Posted:
09 Aug 2002 00:51 PDT
Expires: 08 Sep 2002 00:51 PDT Question ID: 52481 |
If a third party is knowlegable about newly established facts about a person, but ignores them, and promulgates in public, information contrary to those facts, has that person violated any law concerning that 'established " fact? | |
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There is no answer at this time. |
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Subject:
Re: intellectual property
From: siliconsamurai-ga on 09 Aug 2002 06:00 PDT |
Just guessing by the tone of the question I suspect that the client is asking about whether they or someone they wish to disclose information about has legal recourse. I only know about U.S. laws regarding libel and slander but I can say that, in general, truth is considered the perfect defense, although it could cost you a lot of money and court time. Also, different rules apply to journalists (such as the absence of malice doctrine) and to public figures. There's also a saying with some considerable legal force in the U.S. that you can't libel the dead. There's also the saying that you can sue over anything. |
Subject:
Re: intellectual property
From: mvguy-ga on 09 Aug 2002 06:13 PDT |
At least in the USA, different rules don't apply to journalists. They are subject to the same restrictions and rights as everyone else. The "absense of malice" doctrine is a defense of sorts to a libel action as it applies to public figures, but it is available not just to journalists. |
Subject:
Re: intellectual property
From: bitmaven-ga on 13 Aug 2002 22:02 PDT |
IANAL, and all, etc. But I'd argue if the paper is on facts dealing with two very deceased public figures (I'd argue philosophers would qualify as public figures in this case) that your chance of being held liable for defamation of any kind is pretty slim. |
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