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SlayerS Jessica Sues a Netizen for Insulting Her - Page 23

Forum Index > SC2 General
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MichaelDonovan
Profile Joined June 2011
United States1453 Posts
March 31 2012 01:29 GMT
#441
On March 31 2012 10:23 snailz wrote:
Show nested quote +
On March 31 2012 10:18 MichaelDonovan wrote:
On March 31 2012 10:09 snailz wrote:
On March 31 2012 10:07 MichaelDonovan wrote:
On March 31 2012 10:04 snailz wrote:
On March 31 2012 10:01 Gheed wrote:
On March 31 2012 10:00 rotegirte wrote:
On March 31 2012 09:59 Gheed wrote:
On March 31 2012 09:58 Shiori wrote:
On March 31 2012 09:57 Gheed wrote:
[quote]

If you're going to use a real life analogy, you have to use mail. Like the things people used send to each other in envelopes. Because before the internet, that's how you would send messages to people.

Sending a message is not the same thing as going to someone's house and yelling at them.

How do you think me sending letters threatening to rape a woman would be treated?


She's suing him for "cyber defamation," not threatening bodily harm. Stop conflating the issue.


So words written on paper are how much more bodily than on a screen?


There's clearly a language barrier issue here. She is, at least according to the OP, suing this guy for "defamation," not "threatening to injure her."


dude, at least read the OP

"cunt, fucking suck my dick, I'll bang you, etc."

Ahaha you just made yourself look silly. Read that part of the OP again. It says the words on the screen shots were blurred out so the author of the OP "thinks" that was what was said. From this OP, we don't actually know if there were any threats of bodily harm. If there was, then I think she is completely justified in suing this guy. We don't know if there were though.


do you think it would be blurred out if it was about bunnies and ponies?

people don't usually go to these lenghts for random insults, just saying...


No, but what I mean to say is that it could be blurred out just for the nastiness of the words. That does not mean, however, that the words included threats of bodily harm.

This is a very important distinction, at least from my perspective because bodily threats are unacceptable and should be punished by the law. Anything else, in my opinion, should not be punished. As I have said in a previous post, this comes from an American "free speech" perspective. Thus I must acknowledge my bias in this matter.


don't worry your American propag... "free speech" perspective is imprinted in minds of most western cultures, including my own. and while i agree with you wholeheartidly on that issue, i base the whole thing on the assumption that you just don't sue somebody if those blurred out parts weren't "something else"


Sure. I think that is really what this whole thing comes down to in my own mind. If the guy threatened her, he should be punished. If not, I don't think so. But from the OP, it seems that she is suing for "defamation", not threats. Thus, we don't really have enough information to decide for ourselves whether or not her lawsuit is justified.
Medrea
Profile Joined May 2011
10003 Posts
March 31 2012 01:30 GMT
#442
On March 31 2012 10:28 snailz wrote:
Show nested quote +
On March 31 2012 10:27 Medrea wrote:
Besides when did sticks and stones may break my bones but names will never hurt me stop being relevant?

Do they not teach korean children this?


they teach korean children better values than empty sayings that you can use to exhonorate yourself from any responsibility later on.

instead of looking down on korean culture (which you very obviously do), you should learn from it.


Sounds like a lawyers heaven over there in Korea.
twitch.tv/medrea
FuTon
Profile Joined April 2011
United States308 Posts
March 31 2012 01:31 GMT
#443
No, this is not funny, this is a criminal offence in Republic of Korea. And Jessica is not a drama queen. She's just a good citizen who practices her constitutional rights.

According to Korean Defamation Law, I quote" South Korean defamation law protects the constitutional right of individuals against abuses of the right to freedom of expression.12 Sanctions for defaming any individual, including government and other public officials are available under both civil and criminal legislation. In Korea, defamation is a criminal offence under Article 307 of the Criminal Code, and an „unlawful act under the Civil Code".
Source:
+ Show Spoiler +
http://www.unhcr.org/refworld/docid/4e5223dc2.html



Gheed
Profile Blog Joined September 2010
United States972 Posts
March 31 2012 01:32 GMT
#444
On March 31 2012 10:31 FuTon wrote:
No, this is not funny, this is a criminal offence in Republic of Korea. And Jessica is not a drama queen. She's just a good citizen who practices her constitutional rights.

According to Korean Defamation Law, I quote" South Korean defamation law protects the constitutional right of individuals against abuses of the right to freedom of expression.12 Sanctions for defaming any individual, including government and other public officials are available under both civil and criminal legislation. In Korea, defamation is a criminal offence under Article 307 of the Criminal Code, and an „unlawful act under the Civil Code".
Source:
+ Show Spoiler +
http://www.unhcr.org/refworld/docid/4e5223dc2.html





Being a law doesn't exempt it from me thinking it's stupid.
Capulet
Profile Blog Joined October 2004
Canada686 Posts
March 31 2012 01:32 GMT
#445
On March 31 2012 10:15 ProBot wrote:
still don't think it's stupid one thing about the internet is people say ignorant shit because there's really no accountability for anything they say ... now there is and maybe some idiots will think twice about being idiots / degrading or whatever.


I completely agree with this.

The amount of hostility found on the internet is becoming absurd and it's about time people are held accountable for their actions. Contrary to popular belief, simply brushing hate messages aside by labeling it "rage" or "trolling" does not make it any more acceptable.

Although, I feel that the community might be more receptive to this whole suing ordeal if it wasn't Jessica who is doing it...
"I'm just killing the spiders to save the butterflies... Wanting to save both is a contradiction. What would you rather do? Keep deliberating? The butterfly will be eaten in the meantime."
TBone-
Profile Blog Joined November 2010
United States2309 Posts
March 31 2012 01:32 GMT
#446
This is actually a huge problem in Korea. I remember hearing about how some celebrities there actually have committed suicide because of things like this, so Korea takes this very, very seriously. It's why peoples identities are always linked to their account for whichever online service they use.
Eve online FC, lover of all competition
mjf
Profile Joined April 2010
United States436 Posts
March 31 2012 01:33 GMT
#447
fucking kidding me?
MichaelDonovan
Profile Joined June 2011
United States1453 Posts
March 31 2012 01:34 GMT
#448
On March 31 2012 10:28 Shiori wrote:
Show nested quote +
On March 31 2012 10:26 MichaelDonovan wrote:
On March 31 2012 10:24 Shiori wrote:
On March 31 2012 10:14 MichaelDonovan wrote:
On March 31 2012 10:08 masakenji wrote:
i don't know why people are so against this.

are you all closet trollers? XD

i remember a few years ago, a pit manager told a croupier. "i wanna hit your ass" she went to the union and he got demoted, and shunned by his peers.

WELL DESERVED!

"I may disagree with what you have to say, but I shall defend, to the death, your right to say it."

-Voltaire

"A witty saying proves nothing."

-same guy.


The paper he wrote that famous quote in contains plenty of explanation for why he believed that. Have you read it? It's not just a witty saying. It's well supported, I would argue.

I'm well aware of the philosophy of freedom of speech, and I'm all for it; this, however, is a matter of defamation and/or threats, which is beyond the realm of freedom of speech. Even America has this distinction.


Absolutely. I think you may have misunderstood my position on this issue. Considering Jessica's celebrity status, it is completely reasonable for her to take any and all threats seriously and sue for them. On this issue of defamation, I feel that it would be fairly difficult to prove in this case that defamation occurred, but if she can, then more power to her. In this particular instance, I believe that Jessica is justified in her actions if these conditions are met. The reason that I disagreed with you in the beginning was because you said that trolls should be uh...extinct? or something along those lines. That is what I disagree with.
Roe
Profile Blog Joined June 2010
Canada6002 Posts
March 31 2012 01:34 GMT
#449
On March 31 2012 10:22 hypercube wrote:
Show nested quote +
On March 31 2012 10:15 Roe wrote:
On March 31 2012 10:12 hypercube wrote:
On March 31 2012 10:10 Champi wrote:
Taking legal action over a troll in a chatbox? fucking PATHETIC!

ban the idiot and move on with your life =/


Maybe she figures it's easier to sue one idiot than to ban 20 every week.

It's a complete non sequitur to sue someone or send them to jail. Banning is the only appropriate action.


She's not sending anyone to jail. Only the courts can do that.
BTW, not sure how it's a non sequitur. A non sequitur is a statement that has nothing to do with the argument at hand.

Never said she's sending him to jail.
BTW, why does jailing/suing have anything to do with messages on a chat board? in other words, why is it not a non sequitur?
hypercube
Profile Joined April 2010
Hungary2735 Posts
March 31 2012 01:34 GMT
#450
On March 31 2012 10:32 Gheed wrote:
Show nested quote +
On March 31 2012 10:31 FuTon wrote:
No, this is not funny, this is a criminal offence in Republic of Korea. And Jessica is not a drama queen. She's just a good citizen who practices her constitutional rights.

According to Korean Defamation Law, I quote" South Korean defamation law protects the constitutional right of individuals against abuses of the right to freedom of expression.12 Sanctions for defaming any individual, including government and other public officials are available under both civil and criminal legislation. In Korea, defamation is a criminal offence under Article 307 of the Criminal Code, and an „unlawful act under the Civil Code".
Source:
+ Show Spoiler +
http://www.unhcr.org/refworld/docid/4e5223dc2.html





Being a law doesn't exempt it from me thinking it's stupid.


So what's your point? Jessica shouldn't use the law to defend herself, even if it's on her side? Or just that the law should be changed?
"Sending people in rockets to other planets is a waste of money better spent on sending rockets into people on this planet."
Celestia
Profile Joined February 2011
Mexico376 Posts
March 31 2012 01:34 GMT
#451
The troll shouldn't complain, he just got trolled harder.
Kira__
Profile Joined April 2011
Sweden2672 Posts
March 31 2012 01:35 GMT
#452
This " internet trolling " needs to be stopped. Internet slander and abuse should not be OK just because you're somewhat anonymous. If you'd put on a mask and went out on the streets to harass and insult random people, you'd get arrested faster than you could say "i did it for the lulz"
The truth is, Yagami-kun, I suspect that you may in fact be Kira.
eohs
Profile Blog Joined May 2010
United States677 Posts
March 31 2012 01:35 GMT
#453
She has been doing this for how long man she has to understand that this is the internet.. you cant do anything about it... all she is turning out to be a is a crybaby every single time something like this happens...
WELCOME TO THE PARTY
VasHeR
Profile Joined June 2011
166 Posts
March 31 2012 01:36 GMT
#454
I feel obliged to post this to hopefully open people's eyes to a very simple and important truth. Please be aware that this is a general statement and may or may not pertain to Jessica.
The argument that "(name of prosecution) has nothing to gain, she does it because her cause is just" somehow overlooks the obvious and probable possibility that she/he is just a spiteful bitch/asshole.
Forikorder
Profile Joined August 2011
Canada8840 Posts
March 31 2012 01:36 GMT
#455
On March 31 2012 10:34 hypercube wrote:
Show nested quote +
On March 31 2012 10:32 Gheed wrote:
On March 31 2012 10:31 FuTon wrote:
No, this is not funny, this is a criminal offence in Republic of Korea. And Jessica is not a drama queen. She's just a good citizen who practices her constitutional rights.

According to Korean Defamation Law, I quote" South Korean defamation law protects the constitutional right of individuals against abuses of the right to freedom of expression.12 Sanctions for defaming any individual, including government and other public officials are available under both civil and criminal legislation. In Korea, defamation is a criminal offence under Article 307 of the Criminal Code, and an „unlawful act under the Civil Code".
Source:
+ Show Spoiler +
http://www.unhcr.org/refworld/docid/4e5223dc2.html





Being a law doesn't exempt it from me thinking it's stupid.


So what's your point? Jessica shouldn't use the law to defend herself, even if it's on her side? Or just that the law should be changed?

she doesnt have to defend herself with such drastic actions when there are easier ways

its like burning down your whole house when you could ahve jsut hired an exterminator
Sm1Le
Profile Blog Joined October 2011
United States179 Posts
March 31 2012 01:36 GMT
#456
overreaction,

but still...

that dude shouldn't flame like that
iSometric
Profile Blog Joined February 2011
2221 Posts
March 31 2012 01:37 GMT
#457
If this happened in the U.S.... poor trolls.
strava.com/athletes/zhaodynasty
Shiori
Profile Blog Joined July 2011
3815 Posts
March 31 2012 01:37 GMT
#458
On March 31 2012 10:34 MichaelDonovan wrote:
Show nested quote +
On March 31 2012 10:28 Shiori wrote:
On March 31 2012 10:26 MichaelDonovan wrote:
On March 31 2012 10:24 Shiori wrote:
On March 31 2012 10:14 MichaelDonovan wrote:
On March 31 2012 10:08 masakenji wrote:
i don't know why people are so against this.

are you all closet trollers? XD

i remember a few years ago, a pit manager told a croupier. "i wanna hit your ass" she went to the union and he got demoted, and shunned by his peers.

WELL DESERVED!

"I may disagree with what you have to say, but I shall defend, to the death, your right to say it."

-Voltaire

"A witty saying proves nothing."

-same guy.


The paper he wrote that famous quote in contains plenty of explanation for why he believed that. Have you read it? It's not just a witty saying. It's well supported, I would argue.

I'm well aware of the philosophy of freedom of speech, and I'm all for it; this, however, is a matter of defamation and/or threats, which is beyond the realm of freedom of speech. Even America has this distinction.


Absolutely. I think you may have misunderstood my position on this issue. Considering Jessica's celebrity status, it is completely reasonable for her to take any and all threats seriously and sue for them. On this issue of defamation, I feel that it would be fairly difficult to prove in this case that defamation occurred, but if she can, then more power to her. In this particular instance, I believe that Jessica is justified in her actions if these conditions are met. The reason that I disagreed with you in the beginning was because you said that trolls should be uh...extinct? or something along those lines. That is what I disagree with.


I never said anything such thing. I've done my fair share of harmless trolling.
DarkPlasmaBall
Profile Blog Joined March 2010
United States45854 Posts
March 31 2012 01:38 GMT
#459
On March 31 2012 10:31 FuTon wrote:
No, this is not funny, this is a criminal offence in Republic of Korea. And Jessica is not a drama queen. She's just a good citizen who practices her constitutional rights.

According to Korean Defamation Law, I quote" South Korean defamation law protects the constitutional right of individuals against abuses of the right to freedom of expression.12 Sanctions for defaming any individual, including government and other public officials are available under both civil and criminal legislation. In Korea, defamation is a criminal offence under Article 307 of the Criminal Code, and an „unlawful act under the Civil Code".
Source:
+ Show Spoiler +
http://www.unhcr.org/refworld/docid/4e5223dc2.html





Bam, there we go. So despite my western point of view on how I think it may be overboard to sue someone for being a trashy jackass, I see her justification and she certainly has the right to do it.
"There is nothing more satisfying than looking at a crowd of people and helping them get what I love." ~Day[9] Daily #100
S_SienZ
Profile Joined September 2011
1878 Posts
March 31 2012 01:38 GMT
#460
On March 31 2012 10:34 MichaelDonovan wrote:
Show nested quote +
On March 31 2012 10:28 Shiori wrote:
On March 31 2012 10:26 MichaelDonovan wrote:
On March 31 2012 10:24 Shiori wrote:
On March 31 2012 10:14 MichaelDonovan wrote:
On March 31 2012 10:08 masakenji wrote:
i don't know why people are so against this.

are you all closet trollers? XD

i remember a few years ago, a pit manager told a croupier. "i wanna hit your ass" she went to the union and he got demoted, and shunned by his peers.

WELL DESERVED!

"I may disagree with what you have to say, but I shall defend, to the death, your right to say it."

-Voltaire

"A witty saying proves nothing."

-same guy.


The paper he wrote that famous quote in contains plenty of explanation for why he believed that. Have you read it? It's not just a witty saying. It's well supported, I would argue.

I'm well aware of the philosophy of freedom of speech, and I'm all for it; this, however, is a matter of defamation and/or threats, which is beyond the realm of freedom of speech. Even America has this distinction.


Absolutely. I think you may have misunderstood my position on this issue. Considering Jessica's celebrity status, it is completely reasonable for her to take any and all threats seriously and sue for them. On this issue of defamation, I feel that it would be fairly difficult to prove in this case that defamation occurred, but if she can, then more power to her. In this particular instance, I believe that Jessica is justified in her actions if these conditions are met. The reason that I disagreed with you in the beginning was because you said that trolls should be uh...extinct? or something along those lines. That is what I disagree with.


Your position is understandable because defamation in the US is a pain in the ass to try to prove due to a "malicious intent" requirement, but I don't think SK law has an equivalent.

People need to calm down and realise a LARGE majority of cases end with an out of court settlement. The dude will probably pay a fine or be subject of some kind of restraining order from the chat or something.
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