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Anyone with real knowledge of American law
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gfldex
#21 - 2012-03-26 11:31:55 UTC
Professor Alphane wrote:
I was sort of looking for one that really is IRL TBH


You could ask Darius III. IIRC he is a retired lawyer.

If you take all the sand out of the box, only the cat poo will remain.
Destiny Corrupted
Deadly Viper Kitten Mitten Sewing Company
Senpai's Afterschool Anime and Gaming Club
#22 - 2012-03-26 11:32:03 UTC
Professor Alphane wrote:
Destiny Corrupted wrote:
Hi, Internet Lawyer checking in.

The answer is yes. However, this doesn't apply to MMORPGs due to the fact that pure online gaming environments aren't susceptible to rating by any of the video game rating agencies. The games themselves might be rated for different categories, such as violence, alcohol and drug usage, et cetera, but the online component experiences are left to the discretion of the buyer. You can't sue someone for emotional harm sustained in an MMO. Well, you can try, but current legal precedents almost guarantee your loss.

I also answer medical questions.



I'm not entirely sure the medium of communication will be considered fair defence in this

A judge may not look kindly on the 'This is the weebs 1111 HTFU' defence

It will be, due to the existence of legitimate institutions whose sole purpose is to rate video game content. However, it is impossible to rate something which isn't being sold; that is, the interpersonal interaction one finds in an MMO environment. In a very similar way, you can't sue someone who calls you a fattie on Facebook.

However, threats of bodily harm or property damage, and the emotional damage that stems from them, will get taken seriously by the authority.

I wrote some true EVE stories! And no, they're not of the generic "my 0.0 alliance had lots of 0.0 fleets and took a lot of 0.0 space" sort. Check them out here:

https://truestories.eveonline.com/users/2074-destiny-corrupted
Professor Alphane
Les Corsaires Diable
#23 - 2012-03-26 11:34:41 UTC
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
Taiwanistan
#24 - 2012-03-26 11:35:09 UTC
are you that guy who got divorced and mine ice, i thought you was gonna go kill yourself, get to it

TA on wis: "when we have a feature that is its own functional ecosystem of gameplay then hooks into the greater ecosystem of EVE as a whole, and it provides good replayability."
St Mio
Imperial Academy
Amarr Empire
#25 - 2012-03-26 11:36:02 UTC
Where I come from, such terrible posting merits the death penalty.
Professor Alphane
Les Corsaires Diable
#26 - 2012-03-26 11:36:53 UTC
Taiwanistan wrote:
go kill yourself, get to it


Feelings mutual (though I genuinly wouldn't advice it )

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
Destiny Corrupted
Deadly Viper Kitten Mitten Sewing Company
Senpai's Afterschool Anime and Gaming Club
#27 - 2012-03-26 11:37:32 UTC
Professor Alphane wrote:
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed

He asked for legal advice pertaining specifically to American law. I guess it is unfortunate that he does not live in Europe.

I wrote some true EVE stories! And no, they're not of the generic "my 0.0 alliance had lots of 0.0 fleets and took a lot of 0.0 space" sort. Check them out here:

https://truestories.eveonline.com/users/2074-destiny-corrupted
Professor Alphane
Les Corsaires Diable
#28 - 2012-03-26 11:38:42 UTC
Destiny Corrupted wrote:
Professor Alphane wrote:
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed

He asked for legal advice pertaining specifically to American law. I guess it is unfortunate that he does not live in Europe.



Legal systems will often 'see' new types of cases just so precident can be set

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
BellaDonna Nyghtshade
Native Freshfood
Minmatar Republic
#29 - 2012-03-26 11:40:46 UTC
Professor Alphane wrote:
BellaDonna Nyghtshade wrote:
Pillowtalk wrote:
http://law.findlaw.com/state-laws/stalking/district-of-columbia/

Intent to cause emotional distress or place in reasonable fear of death or bodily injury by repeated following or harassing; or willfully or maliciously and repeatedly follows or harasses.



The first part is generally considered to be utterly unenforceable at trial due to the vague nature of the statement as well as the generally accepted practice of "causing emotional distress" by various movie makers and damned near anyone practicing Halloween festivities.

Juries abhor such broad brush strokes, as it is all too easy to point out for each one of them a personal penchant for doing exactly these things at various occasions.............

It's what is called a "feel good" law.

It's there to make thin skinned people feel better, but in practice it is a paper tiger when properly defended.

Of course, incompetence on all sides of the bench can render just about ANY "law" malleable enough to work..........





Though his intent is a matter of record . He thrives of 'tears' (read emotinal distress) and is down on record stating that as his sole purpose in this game


Just as one pays to be scared feces-less at a horror flick, one pays to be abused in this game. CCP has never advertised this game as anything other than a back-stabbing, scamming, unholy and unruly bunch of griefers, scoundrels and villains.

It is widely rumoured that the line in Star Wars, "You will never find a more wretched hive of scum and villany" came from a chance playing of the game by a then young George Lucas on a time travel trip he took from the early seventies using a prototype of Tesla design.

Someone in Jita told him that they'd double his ISK, and being the nub, he fell for it.


src and cites:

"Little Known Facts About Sci-Fi From The Tinfoil Hat Society", publishing date ytbd.
Kehro Urgus
Dark Nebula Academy
O X I D E
#30 - 2012-03-26 11:40:52 UTC
Professor Alphane wrote:
Kehro Urgus wrote:
AFAIK libel cases only work if the plaintiff can prove damages, I learned this by watching Judge Judy.



This isn't libel though AFAIK no-one has misrepresented this man

It would be more like a failed 'hazing' that caused death or injury


I never seen the footage that has brought on this debacle, but if the person in question was made out to be 'mentally unstable' in a public venue and, where others were encouraged to aggrevate this by providing personal information for the purpose of inducing suicide it goes a bit beyond simple libel.

Yeeee! 
Blawrf McTaggart
Imperial Academy
Amarr Empire
#31 - 2012-03-26 11:41:51 UTC
Professor Alphane wrote:
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed


The difference is very vast and very simple.

The aforementioned was targeted to cause harassment.
Professor Alphane
Les Corsaires Diable
#32 - 2012-03-26 11:43:41 UTC  |  Edited by: Professor Alphane
As I say wether CCP encouage and promote such behaviour is of no concequence and would most likely not be seen as a defence, also it might infract CCP in this should the 'victims' state deteriote and he ends up toe tagged

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
Ender Karazaki
Sebiestor Tribe
Minmatar Republic
#33 - 2012-03-26 11:43:48 UTC
I think Americans make the law up as they go along.
Professor Alphane
Les Corsaires Diable
#34 - 2012-03-26 11:45:52 UTC
Blawrf McTaggart wrote:
Professor Alphane wrote:
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed


The difference is very vast and very simple.

The aforementioned was targeted to cause harassment.



In both cases the victims where delibaretly targeted to cause undue mental and emoitanal distress, I fail to see the diffrence

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
Orkasm
Republic Military School
Minmatar Republic
#35 - 2012-03-26 11:48:08 UTC
Professor Alphane wrote:
Blawrf McTaggart wrote:
Professor Alphane wrote:
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed


The difference is very vast and very simple.

The aforementioned was targeted to cause harassment.



In both cases the victims where delibaretly targeted to cause undue mental and emoitanal distress, I fail to see the diffrence


The difference?

The claimant in this situation is yet to have any input in the situation, Most likely he/she/it is not suicidal and was just blowing smoke out of its ass.
Professor Alphane
Les Corsaires Diable
#36 - 2012-03-26 11:50:22 UTC
Orkasm wrote:
Professor Alphane wrote:
Blawrf McTaggart wrote:
Professor Alphane wrote:
There was precident in some European case

The Judge acknowledged virtual property would be protected as real property in a case of 'bullying' where someone had been maliciuosly targeted and there Ingame property destroyed


The difference is very vast and very simple.

The aforementioned was targeted to cause harassment.



In both cases the victims where delibaretly targeted to cause undue mental and emoitanal distress, I fail to see the diffrence


The difference?

The claimant in this situation is yet to have any input in the situation, Most likely he/she/it is not suicidal and was just blowing smoke out of its ass.



I'm not actually sure that matters, and it may not be only a civil case, the authorities may choose to intervene in such a case

And as I say the fact this behaviour is 'institualtionlised' will most likely not be a defence as in the same way as college hazing is treated

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
Orkasm
Republic Military School
Minmatar Republic
#37 - 2012-03-26 11:51:01 UTC
Orkasm wrote:
Stop Posting.
Professor Alphane
Les Corsaires Diable
#38 - 2012-03-26 11:53:07 UTC
Please dude at least have the due respect to our hosts and lie like everyone else and tag your post 'not empty quoting' Twisted

[center]YOU MUST THINK FIRST....[/center] [center]"I sit with the broken angels clutching at straws and nursing our scars.." - Marillion [/center] [center]The wise man watches the rise and fall of fools from afar[/center]
Grumpy Owly
Imperial Shipment
Amarr Empire
#39 - 2012-03-26 11:53:49 UTC
Ender Karazaki wrote:
I think Americans make the law up as they go along.


Based on tax returns and what the expected personal expenditure will be that year I think? Blink

Bounty Hunting - Soon (™): Retribution (Winter 2012)

It's just criminal - Smuggling
Tippia
Sunshine and Lollipops
#40 - 2012-03-26 11:54:25 UTC
Chribba wrote:
Everyone on the internet is a lawyer.

/c
Nu-uh! I'm a decorated war veteran FBI and CIA agent and a master of jeet kune do. Also, 13/F/Calif.