PENSBLOG = STUNNED!

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Postby AlexPKeaton on Fri Aug 01, 2008 2:13 pm

Defence21 wrote:
AlexPKeaton wrote:
Defence21 wrote:Actually, it would be libel against the publication which printed the story. It is the publication's responsibility to determine the validity of the source. As a former writer for a daily newspaper I have seen this second hand on numerous occasions.

I'm not saying one way or another with The PensBlog, as I highly doubt that is the issue, as others have pointed out. I simply wanted to clarify the libel confusion.


If a famous person related to the Pens sexually harassed my wife, I am allowed to report it online without finding any other witnesses. It would be up to the person suing me to prove that it did not happen in order for them to actually win the case. If this was not the case, how does tmz.com, valleywag, etc. stay in business?

That's beside the point. What i am saying is that it is up to the publisher to determine the validity of the sources. It has nothing to do with number of sources and, really, nothing to do with the sources in general. If a source has information that is damaging and he/she tells that to a friend, it's going nowhere. But if he/she tells it to a newspaper, magazine, tabloid, blog, etc, it is going everywhere. The source may be in trouble for passing the misinformation along, but the publication also is in trouble for publishing information that is inaccurate and damaging. Again, i have seen this take place with the publication I worked for on numerous occasions -- luckily I was not the one in question.


This is from wikipedia:

Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.


According to that, the plaintiff has to prove that the information was false AND the defendant is at fault. So lets just assume for the sake of argument that ESPN could prove that he was in a different city at the time. In order to win a case against Pensblog, they would have to convince a judge that Pensblog shouldn't have trusted the source. Not sure how easy or hard that would be to do. Any lawyers on here?
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Postby Defence21 on Fri Aug 01, 2008 3:01 pm

AlexPKeaton wrote:
Defence21 wrote:
AlexPKeaton wrote:
Defence21 wrote:Actually, it would be libel against the publication which printed the story. It is the publication's responsibility to determine the validity of the source. As a former writer for a daily newspaper I have seen this second hand on numerous occasions.

I'm not saying one way or another with The PensBlog, as I highly doubt that is the issue, as others have pointed out. I simply wanted to clarify the libel confusion.


If a famous person related to the Pens sexually harassed my wife, I am allowed to report it online without finding any other witnesses. It would be up to the person suing me to prove that it did not happen in order for them to actually win the case. If this was not the case, how does tmz.com, valleywag, etc. stay in business?

That's beside the point. What i am saying is that it is up to the publisher to determine the validity of the sources. It has nothing to do with number of sources and, really, nothing to do with the sources in general. If a source has information that is damaging and he/she tells that to a friend, it's going nowhere. But if he/she tells it to a newspaper, magazine, tabloid, blog, etc, it is going everywhere. The source may be in trouble for passing the misinformation along, but the publication also is in trouble for publishing information that is inaccurate and damaging. Again, i have seen this take place with the publication I worked for on numerous occasions -- luckily I was not the one in question.


This is from wikipedia:

Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.


According to that, the plaintiff has to prove that the information was false AND the defendant is at fault. So lets just assume for the sake of argument that ESPN could prove that he was in a different city at the time. In order to win a case against Pensblog, they would have to convince a judge that Pensblog shouldn't have trusted the source. Not sure how easy or hard that would be to do. Any lawyers on here?

Again, all I am saying is that the person or publication which spreads the information is just as, if not more, at fault than the source that provided the information, as the person or publication has the mass audience.
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Postby Corvidae on Fri Aug 01, 2008 4:03 pm

They just updated it and it has nothing to do with slander or libel.
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Postby icecats30 on Fri Aug 01, 2008 4:07 pm

this topic has really gotten out of hand, im not even mad, its amazing.
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Postby canaan on Fri Aug 01, 2008 4:18 pm

:cough: to continue reading more about this story, please visit http://www.thepensblog.com


oh, man, this is the most shameless (and, perhaps, the lamest) advertisement ever.
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Postby André on Fri Aug 01, 2008 4:21 pm

I wouldn't be surprised if that story is true. Alot of people within hockey/hockey media are pigs, players included.

There are some hilarious rumours about a swedish hockey announcer. Haha, cracks me up just thinking about it.

If that Hrdek story is true I'm glad you're telling the world.
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Postby Idoit40fans on Fri Aug 01, 2008 4:22 pm

Hahahaha

"The characteristics of a spam blog are "irrelevant, repetitive, or nonsensical text..."
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Postby canaan on Fri Aug 01, 2008 4:23 pm

Idoit40fans wrote:Hahahaha

"The characteristics of a spam blog are "irrelevant, repetitive, or nonsensical text..."


well, if that is the criteria, 80% of blogs are spam.
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Postby Idoit40fans on Fri Aug 01, 2008 4:24 pm

canaan wrote:
Idoit40fans wrote:Hahahaha

"The characteristics of a spam blog are "irrelevant, repetitive, or nonsensical text..."


well, if that is the criteria, 80% of blogs are spam.


I think you're low balling that percentage there.
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Postby canaan on Fri Aug 01, 2008 4:51 pm

Idoit40fans wrote:
canaan wrote:
Idoit40fans wrote:Hahahaha

"The characteristics of a spam blog are "irrelevant, repetitive, or nonsensical text..."


well, if that is the criteria, 80% of blogs are spam.


I think you're low balling that percentage there.


you watch your mouth. perez hilton is a reputable news source.
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Postby Eismann on Fri Aug 01, 2008 5:03 pm

Idoit40fans wrote:Hahahaha

"The characteristics of a spam blog are "irrelevant, repetitive, or nonsensical text..."


My posts = spam blog.

Admit and quit.


ole ole oLOLe
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Postby Kraftster on Fri Aug 01, 2008 5:41 pm

AlexPKeaton wrote:
Defence21 wrote:
AlexPKeaton wrote:
Defence21 wrote:Actually, it would be libel against the publication which printed the story. It is the publication's responsibility to determine the validity of the source. As a former writer for a daily newspaper I have seen this second hand on numerous occasions.

I'm not saying one way or another with The PensBlog, as I highly doubt that is the issue, as others have pointed out. I simply wanted to clarify the libel confusion.


If a famous person related to the Pens sexually harassed my wife, I am allowed to report it online without finding any other witnesses. It would be up to the person suing me to prove that it did not happen in order for them to actually win the case. If this was not the case, how does tmz.com, valleywag, etc. stay in business?

That's beside the point. What i am saying is that it is up to the publisher to determine the validity of the sources. It has nothing to do with number of sources and, really, nothing to do with the sources in general. If a source has information that is damaging and he/she tells that to a friend, it's going nowhere. But if he/she tells it to a newspaper, magazine, tabloid, blog, etc, it is going everywhere. The source may be in trouble for passing the misinformation along, but the publication also is in trouble for publishing information that is inaccurate and damaging. Again, i have seen this take place with the publication I worked for on numerous occasions -- luckily I was not the one in question.


This is from wikipedia:

Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.


According to that, the plaintiff has to prove that the information was false AND the defendant is at fault. So lets just assume for the sake of argument that ESPN could prove that he was in a different city at the time. In order to win a case against Pensblog, they would have to convince a judge that Pensblog shouldn't have trusted the source. Not sure how easy or hard that would be to do. Any lawyers on here?


Wikipedia is a bit inaccurate. In PA (and most states I believe) the elements of defamation are: a statement, of or concerning the plaintiff, publication, and damages. The requirements of fault and falsity (in PA at least) are only requirements where the information is a "matter of public concern." This usually applies when the individual is a public figure. Hradek is arguably a public figure, so, the fault and falsity requirements would probably be required in this case.

Publication is not really the lay meaning of the word when it comes to defamation. A person telling even one other person is considered publication. Of course in that case its slander and damages are not presumed (they are in libel cases), so, there might be difficulty showing damages, but the publication requirement is satisfied. TPB would really be a secondary publisher in this case and, as such, they'd need to know or have reason to know that the information was false to be liable.

The fault requirement is pretty tough too, it basically requires "malice" on the part of the defamer.
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Postby meecrofilm on Fri Aug 01, 2008 9:27 pm

icecats30 wrote:this topic has really gotten out of hand, im not even mad, its amazing.


welcome to "the offseason - month 3"
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Postby Angle on Sat Aug 02, 2008 8:20 am

For some dumb reason in IE, I can't open the Pens Blog... gives me an error message then dumps me on a blank screen.

I don't seem to be having this problem, though, with Firefox. Any ideas?
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Postby Stoosh on Sat Aug 02, 2008 8:42 am

Angle,

I'm having the same problem.

Canaaaaaaaaaan...help!
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Postby spoon on Sat Aug 02, 2008 9:09 am

could be having issues with "http://webhosting.yahoo.com/forward.html"
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Postby beerman on Sat Aug 02, 2008 10:18 am

Angle wrote:For some dumb reason in IE, I can't open the Pens Blog... gives me an error message then dumps me on a blank screen.

I don't seem to be having this problem, though, with Firefox. Any ideas?


I keep getting the same thing
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Postby Ossa on Sat Aug 02, 2008 10:26 am

beerman wrote:
Angle wrote:For some dumb reason in IE, I can't open the Pens Blog... gives me an error message then dumps me on a blank screen.

I don't seem to be having this problem, though, with Firefox. Any ideas?


I keep getting the same thing


Same.
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Postby Three Stars on Sat Aug 02, 2008 10:33 am

Me too. I have to stop the page when it's half loaded to get it to stay.
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Postby canaan on Sat Aug 02, 2008 11:20 am

i just tried it in IE and it was working fine....are you guys using IE7?

im using IE6.
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Postby DelPen on Sat Aug 02, 2008 2:26 pm

canaan wrote:i just tried it in IE and it was working fine....are you guys using IE7?

im using IE6.


IE7 back working
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Postby canaan on Sat Aug 02, 2008 2:59 pm

DelPen wrote:
canaan wrote:i just tried it in IE and it was working fine....are you guys using IE7?

im using IE6.


IE7 back working

oh, sweet. 8-)
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Postby canaan on Sat Aug 02, 2008 7:51 pm

Jake wrote:Personally, I don't find thepensblog interesting or humorous in the least.

Not that I could do a whole lot better.


it's definitely a niche blog--not intended for everybody.
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Postby Pipes Hochuli on Sat Aug 02, 2008 9:05 pm

André wrote:I wouldn't be surprised if that story is true. Alot of people within hockey/hockey media are pigs, players included.

There are some hilarious rumours about a swedish hockey announcer. Haha, cracks me up just thinking about it.

If that Hrdek story is true I'm glad you're telling the world.


there's some good stories out there about our boys in black and vegas gold, that's for sure
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Postby Member on Sat Aug 02, 2008 11:47 pm

A big thanks to everyone for the support today.

Somehow it got reported that we got shutdown because of E.J Hradek, or because of that mentally challenged kid we accidentally made fun of.

We don't know much, but after almost three years of jobbing we know we ain't getting shutdown because of libel or slander.

We have never committed either here, look it up, Jack.
Point Park Media Ethics class ain't no joke.



It turns out Blogger thought we were a spamblog or something.
Whatev.


I wonder who they were talking about with this post? Image
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