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Kenny Burns article on McClaren and Clough


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Hi Daveo.

I'm honestly, just interested what your liability is in a situation where one of us libels someone?

Recent cases elsewhere have thrown into sharp relief the risk of posting injudiciously (incidentally I think too many still don't think before airing an opinion on many forums and not just this one).  But what's the impact for you personally and the forum?

I'm not sure of the legislation or any pertinent case law.  So I'm guessing the views on a fans forum cannot be considered to be concurrent with the views of the forum or it's 'controlling mind' (ie you - and I use the phrase in the legal sense). And hence any actions against you personally would seem (to me without further facts) tenuous at the very least.

But that's not to say I condone, in any way, personal attacks (and for the record, it saddens me that modern society seems to engender within people, a given right to be outraged by the smallest perceived sleight, which then leads to a feeling of entitlement to abuse others) or underplay the stress of any legal ramifications or lawyers letters.

But I just wonder, if there is a risk to the future of the forum then it might help to refocus minds towards a more civilised form of society if we discussed the risks?

Yours (allegedly and boringly),

WHH

#NITK

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Hi Daveo.

I'm honestly, just interested what your liability is in a situation where one of us libels someone?

Recent cases elsewhere have thrown into sharp relief the risk of posting injudiciously (incidentally I think too many still don't think before airing an opinion on many forums and not just this one).  But what's the impact for you personally and the forum?

I'm not sure of the legislation or any pertinent case law.  So I'm guessing the views on a fans forum cannot be considered to be concurrent with the views of the forum or it's 'controlling mind' (ie you - and I use the phrase in the legal sense). And hence any actions against you personally would seem (to me without further facts) tenuous at the very least.

But that's not to say I condone, in any way, personal attacks (and for the record, it saddens me that modern society seems to engender within people, a given right to be outraged by the smallest perceived sleight, which then leads to a feeling of entitlement to abuse others) or underplay the stress of any legal ramifications or lawyers letters.

But I just wonder, if there is a risk to the future of the forum then it might help to refocus minds towards a more civilised form of society if we discussed the risks?

Yours (allegedly and boringly),

WHH

#NITK

I'm not liable for what is said however I am for giving people the platform to post such messages. How much that would hit me in the pocket I don't know nor do I intend to find out.

Just over 2 weeks ago I was contacted by a lawyer representing Mel Morris, who wasn't happy and wanted content taken down, an apology or compensation would be seeked through the courts.

They had contacted me a while back but I'm not sure where they sent the letters to, and they had my full name which as far as I'm aware isn't actually published online. They knew my personal Twitter account, quoting my bio.

The lawyer had also contacted our host to inform them that they also would be taken to court if the content was not removed, they are also providing the platform for these messages to be posted.

This wasn't an idle threat, the host contacted me a few days later to let me know they had also received letters from the same lawyer and that the whole site would be taken down if I don't remove the content.

What saddens me is that this was just 2 weeks ago, most know why the DET forum was taken down and what the Oysten's are doing to a Blackpool forum yet people STILL think they can come on and post libellous and slanderous posts, especially about local media that read this forum.

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Aww, but we all like Mel Morris. He's one of the good guys. (Allegedly, and in my opinion of course, I mean no offence to him if he is, in fact, and prefers to be known as, one of the bad guys, and withdraw the whole 'good guy' comment forthwith with unreserved apologies). 

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I'm not liable for what is said however I am for giving people the platform to post such messages. How much that would hit me in the pocket I don't know nor do I intend to find out.

Just over 2 weeks ago I was contacted by a lawyer representing Mel Morris, who wasn't happy and wanted content taken down, an apology or compensation would be seeked through the courts.

They had contacted me a while back but I'm not sure where they sent the letters to, and they had my full name which as far as I'm aware isn't actually published online. They knew my personal Twitter account, quoting my bio.

The lawyer had also contacted our host to inform them that they also would be taken to court if the content was not removed, they are also providing the platform for these messages to be posted.

This wasn't an idle threat, the host contacted me a few days later to let me know they had also received letters from the same lawyer and that the whole site would be taken down if I don't remove the content.

What saddens me is that this was just 2 weeks ago, most know why the DET forum was taken down and what the Oysten's are doing to a Blackpool forum yet people STILL think they can come on and post libellous and slanderous posts, especially about local media that read this forum.

​Thanks for the recap Daveo.  It's interesting and frightening at the same time, I just hope collectively the penny drops for all of us that the forum doesn't offer consequence free anonymity.

By the way I do think MM is one of the good guys.  From what I've seen he's a very hard working bloke who's fiercely proud of his heritage and Derby.  His charitable work and in particular reported support for the Royal Derby hospital underline this.  If I were him I'd annoyed aswell if someone slandered (libelled) me, so think his course of action is understandable.

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I think it's embarrassing when we all bite. I'd have good money on him scouring the Derby forums and websites and seeing the reactions to his articles, and he's probably chuckling to himself at his desk. Why do we always make it so easy for him?

Fair play to him, he's good at what he does.

​because your whois register is incomplete for this site they can contact Nominet and request your information. can you get fined for posts on forums ? you betya

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​because your whois register is incomplete for this site they can contact Nominet and request your information. can you get fined for posts on forums ? you betya

It's not incomplete, .co.uk and .uk you don't have to have your full details out in public.

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It's not incomplete, .co.uk and .uk you don't have to have your full details out in public.

​yes you do sweet pea, this site is currently active and cannot use the whois opt-out, if the site was a holding page you could use the opt-out.

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​yes you do sweet pea, this site is currently active and cannot use the whois opt-out, if the site was a holding page you could use the opt-out.

Incorrect, and I use who is opt out because we're not a business and listed as an individual sweet pea. 

Lawyers will still be able to apply for this info from Nominet who will have all my details but they are not out there for public viewing.

image.jpg

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I'm not liable for what is said however I am for giving people the platform to post such messages. How much that would hit me in the pocket I don't know nor do I intend to find out.

Just over 2 weeks ago I was contacted by a lawyer representing Mel Morris, who wasn't happy and wanted content taken down, an apology or compensation would be seeked through the courts.

They had contacted me a while back but I'm not sure where they sent the letters to, and they had my full name which as far as I'm aware isn't actually published online. They knew my personal Twitter account, quoting my bio.

The lawyer had also contacted our host to inform them that they also would be taken to court if the content was not removed, they are also providing the platform for these messages to be posted.

This wasn't an idle threat, the host contacted me a few days later to let me know they had also received letters from the same lawyer and that the whole site would be taken down if I don't remove the content.

What saddens me is that this was just 2 weeks ago, most know why the DET forum was taken down and what the Oysten's are doing to a Blackpool forum yet people STILL think they can come on and post libellous and slanderous posts, especially about local media that read this forum.

​It is a highly litigious world but you are quite right.

Back on topic - that 1984 Rams squad........I'd love a "here are they now" on that lot. Obviously we've started with Kenny B...

Some names I had unwittingly erased from my memory banks as I shivered through that winter on the NE Essex coast.....Charlie Palmer.......better stop before I say something regrettable/legally risky.

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I think it's embarrassing when we all bite. I'd have good money on him scouring the Derby forums and websites and seeing the reactions to his articles, and he's probably chuckling to himself at his desk. Why do we always make it so easy for him?

Fair play to him, he's good at what he does.

I agree with you, but I just have such a good time treading his articles I just don't care if he gets the bites he wants.

In a world of Kenny Burns thought pieces, we're all winners.

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