d2jsp
Log InRegister
d2jsp Forums > Off-Topic > General Chat > Political & Religious Debate > Elon Musk Now Twitter's Big Shareholder
Prev16667686970113Next
Add Reply New Topic New Poll
Member
Posts: 92,928
Joined: Dec 31 2007
Gold: 2,299.94
Nov 9 2022 08:31am
Quote (Santara @ Nov 9 2022 08:43am)
Advertisers fleeing probably counts.


Sure, for monetary loss. now prove that X advertiser left explicitly or even partially because Y person impersonated elon. and not because he's fired people en masse, not because he's publicly said the N word wont cause a suspension, not because he's signaled generally a free speech environment will be restored, not because he has a negative public persona to millions of people, not because he was taken to court to be forced into the buyout, etc.

any first year law student would get that tossed out pre-trial, its open shut.

This post was edited by thesnipa on Nov 9 2022 08:32am
Member
Posts: 22,264
Joined: Aug 17 2021
Gold: 1,546.83
Warn: 30%
Nov 9 2022 08:47am
Quote (Surfpunk @ Nov 9 2022 05:26am)
When dealing with a legal case, you have to show a tangible loss caused by a specific individual. Standing or reputation are not tangible losses, from a legal perspective.


I am not a legal expert but my understanding is that people can definitely sue for intangible loss such as reputation.

See here: https://www.forthepeople.com/labor-and-employment-lawyers/can-i-sue-for-reputation-damage/

"To be successful in a defamation lawsuit, you must prove that you actually suffered harm as a result of the statement. Injury can include damage to your reputation, financial loss, and more."

And, "for public figures suing for reputational damages, the standard is much higher", which implies that it's possible to sue for loss of reputation.

Also, https://www.legalline.ca/legal-answers/defamation-libel-and-slander/

"If you are suing because your reputation was damaged due to a libelous statement, you do not have to prove that it caused you financial loss because the law presumes that you suffered a financial loss as a result of the loss of your reputation."

This post was edited by JessiWan on Nov 9 2022 08:58am
Member
Posts: 92,928
Joined: Dec 31 2007
Gold: 2,299.94
Nov 9 2022 09:21am
Quote (thesnipa @ Nov 9 2022 09:31am)
Sure, for monetary loss. now prove that X advertiser left explicitly or even partially because Y person impersonated elon. and not because he's fired people en masse, not because he's publicly said the N word wont cause a suspension, not because he's signaled generally a free speech environment will be restored, not because he has a negative public persona to millions of people, not because he was taken to court to be forced into the buyout, etc.

any first year law student would get that tossed out pre-trial, its open shut.


Quote (JessiWan @ Nov 9 2022 09:47am)
I am not a legal expert but my understanding is that people can definitely sue for intangible loss such as reputation.

See here: https://www.forthepeople.com/labor-and-employment-lawyers/can-i-sue-for-reputation-damage/

"To be successful in a defamation lawsuit, you must prove that you actually suffered harm as a result of the statement. Injury can include damage to your reputation, financial loss, and more."

And, "for public figures suing for reputational damages, the standard is much higher", which implies that it's possible to sue for loss of reputation.

Also, https://www.legalline.ca/legal-answers/defamation-libel-and-slander/

"If you are suing because your reputation was damaged due to a libelous statement, you do not have to prove that it caused you financial loss because the law presumes that you suffered a financial loss as a result of the loss of your reputation."


again, a straight line is needed between X person's reputation and/or monetary loss and Y person's actions. if 100+ people are roasting Elon on twitter he can't sue 1-2 people. he'd have to file a lawsuit against them all, and even then prove the external factors don't contribute a significant role to said loss of reputation and/or finances. which is of course not possible, the takeover has been too messy to discount all of that in his reputation or financial loss.
Member
Posts: 32,103
Joined: Dec 29 2009
Gold: 0.00
Nov 9 2022 09:25am
Quote (Santara @ Nov 9 2022 07:32am)
Huh? Where do libel and slander cases arise from?


I suppose I should have clarified: Specifically as to the legal damage by impersonator accounts being asserted in this thread. And Snipa has already addressed the points to that regard.
Member
Posts: 22,264
Joined: Aug 17 2021
Gold: 1,546.83
Warn: 30%
Nov 9 2022 09:30am
Quote (thesnipa @ Nov 9 2022 06:31am)
Sure, for monetary loss. now prove that X advertiser left explicitly or even partially because Y person impersonated elon. and not because he's fired people en masse, not because he's publicly said the N word wont cause a suspension, not because he's signaled generally a free speech environment will be restored, not because he has a negative public persona to millions of people, not because he was taken to court to be forced into the buyout, etc.

any first year law student would get that tossed out pre-trial, its open shut.


I agree that it's hard to prove advertisers left explicitly because of that, however, aren't all defamation cases like this to a certain extent? For example, someone spread slanderous rumor about you, and your boss got wind of it and fired you. However, you can't directly prove that he fired you because of the slander, it could be because you did a poor job as an employee. My point is that just because it's hard to prove losses, it doesn't make a defamation case impossible.

This post was edited by JessiWan on Nov 9 2022 09:32am
Member
Posts: 21,058
Joined: Jun 3 2019
Gold: 930.45
Warn: 10%
Nov 9 2022 09:34am
Someone needs to make the Eric Andre meme where he shoots Hannibal Burress, Eric being Elon, and Hannibal being share price, and then Eric blames parody accounts
Member
Posts: 92,928
Joined: Dec 31 2007
Gold: 2,299.94
Nov 9 2022 09:37am
Quote (JessiWan @ Nov 9 2022 10:30am)
I agree that it's hard to prove advertisers left explicitly because of that, however, aren't all defamation cases like this to a certain extent? For example, someone spread slanderous rumor about you, and your boss got wind of it and fired you. However, you can't directly prove that he fired you because of the slander, it could be because you did a poor job as an employee. My point is that just because it's hard to prove losses, it doesn't make a defamation case impossible.


You're correct that defamation is a hard case, in fact many defamation cases with far more tangible links than this fail, even with most of the jury having a fairly good idea that the allegations may be true. its a very high burden of proof in many cases.

but take your example, its rumor VS performance. that's 2 factors. then look at my post, i listed 5 factors, and there are surely more contributing. and it's fault spread across hundreds of impersonators, not 1 boss vs 1 employee. add up those with the fact that elon himself is highly unlikely to even want to sue, and this whole "they need to be legally accountable" conversation is silly. ive been at it for pages now, going over a moot point exhaustively.

if factors change and a lawsuit is filed i'll return to it, as of now i'm not going to keep beating the dead horse.

Quote (18nomaUSEast @ Nov 9 2022 10:34am)
Someone needs to make the Eric Andre meme where he shoots Hannibal Burress, Eric being Elon, and Hannibal being share price, and then Eric blames parody accounts




This post was edited by thesnipa on Nov 9 2022 09:38am
Member
Posts: 32,103
Joined: Dec 29 2009
Gold: 0.00
Nov 9 2022 04:04pm
Quote (thesnipa @ Nov 9 2022 09:37am)


Share price isn't even relevant, since Twitter is a private company now.
Member
Posts: 53,368
Joined: Sep 2 2004
Gold: 57.00
Nov 9 2022 08:19pm
https://nypost.com/2022/11/09/biden-calls-for-federal-investigation-of-elon-musk-over-relationships-with-other-countries/

beyond the pale, but the usual suspects here (icemage, thor, surfpunk, sioux, fender, sauceman, etc.) will defend this gross government overreach. meanwhile entities like amazon, goldman, and blackrock can do whatever they want
Member
Posts: 30,165
Joined: Sep 10 2004
Gold: 0.00
Warn: 30%
Nov 10 2022 05:03am
Go Back To Political & Religious Debate Topic List
Prev16667686970113Next
Add Reply New Topic New Poll