From: "Anthony DiPierro" wikilegal@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.
On 4/23/06, Daniel P. B. Smith wikipedia2006@dpbsmith.com wrote:
From: "Anthony DiPierro" wikilegal@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.
C'mon now, there are plenty of people who are not lawyers who are trying to guess. Surely the fact that you are not a lawyer is not the reason you wouldn't even try to guess.
Anthony
Daniel P. B. Smith wrote:
From: "Anthony DiPierro" wikilegal@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