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The Magic Cafe Forum Index » » The side walk shuffle » » Chanz from Mexico City » » TOPIC IS LOCKED (0 Likes) Printer Friendly Version

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tom hughes
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Agreed... don't think anyone is coming out of this thread with much dignity.

tom
http://www.ashevillemagic.com
http://www.themagictomshow.com
magician/magic show in asheville w.n.c.
Ekuth
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So...

After perusing this entire thread, I have the following to offer to those who may care, or not care:

1. Unless a name is trademarked, you cannot prove infringement or damages. Any civil court judge will laugh you out of the courtroom.

As it seems that neither party has taken that step, the entire 'point' of this thread is moot.

2. Libel *is* the correct term for what has taken place here (note I did not say by whom or toward whom, but there *has* been). THIS a court will take seriously, and there is enough evidence on this very thread to make it a fairly open and shut case.

To eludicate and warn all involved (taken from US Law and Jurisprudence):

How to prove Libel:

There are several ways a person must go about proving that libel has taken place.

For example: in the United States, the person first must prove that the statement was false.
Second, that person must prove that the statement caused harm.
And, third, they must prove that the statement was made without adequate research into the truthfulness of the statement.

These steps are for an ordinary citizen.

In the case of a celebrity or public official trying to prove libel, they must prove the first three steps, and must (in the United States) prove the statement was made with the intent to do harm, or with reckless disregard for the truth. Usually specifically referred to as "proving malice".

I would ask the various parties involved to VERY CAREFULLY read the final paragraph. I can see at least one stunning example in this thread of a statement made with the intent to do harm AND with reckless disregard for the truth.

I spent more than 15 years working in law enforcement AND law practice, so I know from whence I speak.

The internet is not the borderless, lawless frontier town we would like to think it is, without repercussions for what we put to print.

I would advise this:

Have a care, gentlemen- and tread MOST carefully... there is at least one poster here who is standing on the edge of a VERY slippery slope with VERY serious consequences.

If we are truly a brotherhood, and 'gentlemen' of the craft then I implore you to ACT in such a manner. Some here have done that far, far better than others.

*tips hat*
"All you need is in Fitzkee."
FunTimeAl
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All I know is anyone try going by "Fun Time Al", "Fun Time Brian", or any other "Fun Time" name had better not buy a red and white striped outfit or there's gonna be some trouble. So what if Fun Time Gazzo had on the same exact outfit in a Youtube video...apples and hickory nuts in my book
FunTimeAl
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You couldn't buy this thread with a Mastercard...


Ya know why?




Cuz it's PRICELESS baby!!!!!
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