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RE: Open Letter to Ned and Dan: You Badly Need a Communications/Community/Content Expert and I Hereby Nominate @stellabelle or @donkeypong For That Job

in #steemit8 years ago (edited)

Almost everything someone speaks or writes can be seen as an opinion, but if you stopped with that, then there would be no such thing as defamation (libel or slander). The key is whether there is any statement of fact that can be verified objectively. The statement that NGC is not doing any good in terms of curation is a statement of fact, because it is verifiably true or false. I presented evidence that the statement was false. Anyone would be free to provide evidence to the contrary. I don't know where you live, but what I provided was sufficient evidence to survive summary judgment on that point and get me to any jury in the United States. What a jury would do, I don't know, particularly since damages are not clear here, but it is "irresponsible" to suggest that this is not at least a colorable claim. Beyond that, I won't beat a dead horse, because @val has apologized and so has @ned. The larger point was the team's lack of communication and systematic problems in that area.

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A jury wouldnt do anything, because it would never get in front of one. Cases like this are summarily dismissed all the time... its practically the text book bad libel case.

The statement that NGC is not doing any good is not a statement of fact, it is a statement of subjective opinion. You might think his curation is good, others might think it is bad. That is the very definition of subjectivity.

An objective statement: in 1992, jason broke into my house and had sex with my labrador retriever.

A subjective statement: Jason has not done any good for animals.

An objective statement: NGC broke into the server room and took a dump in the diskdrive of one of the servers

A subjective statement: NGC has not done any good for steemit. He is only interested in money.

The difference is pretty clear, and something anyone who practiced any type of law even briefly would understand.

Note that the objective statements are.... well, objective. They do not require a subjective opinion about who or what is good. I either had sex with that labador retriever, or i didnt.

Again, your statements make me doubt your assertion that you are an attorney, or ever were (I, incidentally, am a practicing attorney). Because this is the very first thing you learn about defamation law.