Daniel P. B. Smith wrote:
From:
"Anthony DiPierro" <wikilegal(a)inbox.org>
So someone goes to a community corkboard in an apartment building and
writes "John Heybobarebob is gay" on the bathroom door. Then the
owner of the apartment building sees the defamatory statement, takes
down the message, and stores it in a closet with a bunch of other
removed messages. Then a janitor goes into to the closet, takes the
message, and creates photocopies which she proceeds to hand out to
people.
You think the building owner can be sued?
I'm _certain_ the building owner can be sued.
The question is, can the plaintiff win? That's a completely different
question... and since IANAL I wouldn't even try to guess.
A more interesting example might arise if the statement (perhaps with
more imaginative phrasing) is on the wall above the urinal in a bar's
public washroom. The same janitor photographs it (along with crowded
other nearby messages that may include phone numbers advertising a good
time and a free dose of AIDS), and distributes copies of the photo to
his friends. The drinking establishment is a tenant in the building
owned by a numbered Swiss company. Have fun.
Ec