Should Shellee Hale Be Protected Under Press Sheild?
Court case started today conerning some posts Shellee made here concerning TMM/NATS.
The question is do you think she should be covered for those posts here as well as the ones on her blogs to be considered press? http://www.xbiz.com/news/107439 |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Its an interesting question. My heart says yes, but my instinct says no. Outside of the actual publication that you either publish or work for, you are a private citizen and as such, should enjoy all those rights, protections and responsibilities. However, as someone said in the other thread, the truth is ultimately the best protection and needs no defense.
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
I'm going yes . . . . simple because I feel Oprano Is the "Wall Street Journal of Porn."
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
I am going with yes, mostly because the posts here were extensions of what was on her blogs - if what is on her blogs is protected, what was discussed here is just an extension of that material.
I don't like it, but the logic seems to follow for me. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
I would have to weigh intent.
If the intent is to provide the public with news and information, then I see no difference in the manner of publication or credentials of the writer. If the intent is other, especially self serving or intending only to damage someone, then it shouldn't be protected. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
if intent to damage was the standard, then Rush Limbaugh and the Drudge Report would both have been shut down a long time ago. The standard isn't intent, it hinges on the truth, or at least information from sources that say it is so.
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
I think it will be interesting to see how they "prove" libel.
I realize you all want to run for the first amendment, but that's not what we're talking about, except in the abstract. The case is about statements being made that were false. The burden is NOT on the writer to prove the statements true, the burden is on the other side to prove them UNTRUE. We ARE still living in the USA you know......where Free Speech is rule #1. THEN, and only THEN do we have a ball game. Everybody wants to be case law....... It's a long road to libel, and then civil penalties. I've noticed our resident attornies have NOT chimed in here. Boys? |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Oh, and hey Gonzo, how's it feel to be the focus of legal attention?
(pun intended) |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
As Serge used to say... "Its all about the page views". |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
In the past year, I've been subpoenaed 3 times to verify either security footage from our property cams is valid, or news video I shot for an unrelated non-adult community TV channel I shot was "original." Ain't nobody paying me for my time on those...... |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
Really though... would you want me on the stand knowing good and well theres no telling what I am going to say? Add to the issue that they have been asking all sorts of interesting questions and the fact that I have been around long enough to remember a lot of the business history. It would be fun for me I suppose but Im just a po workin man. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Actually, in most states (26) this would be a very risky proposition for NATS and Co. In California we have Anti-SLAPP laws that would allow her to hit NATS with a counter claim, even before she has to answer their complaint indicating that their lawsuit is an attempt to prevent her from exercising her constitutionally protected free speech rights.
If she wins, they pay her attorney's fees. It also stays the underlaying action until the Judge assigned rules on the Anti-SLAPP motion. http://en.wikipedia.org/wiki/Strateg..._participation |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
http://www.citmedialaw.org/legal-gui...law-new-jersey |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Hmm.. interesting law there pornlaw.
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
This is far from over I think as an observer.
Interesting points have been brought up. My favorite question is why sue the messenger instead of the hacker? And then there is the issue of discovery. If they dont grant her shield then discovery on this is going to be a major eyeopener. I cant say that Id want anyone in my affairs. Jon has proven many times over he has bigger balls than I dream of. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
"New Jersey courts have not yet applied the malicious use of process claim to SLAPPs brought against bloggers or non-traditional journalists. Given the language the courts have used in describing the threat of SLAPPs to citizens' rights of petition and free speech, however, it seems entirely possible that the courts would be willing to extend the claim to these types of SLAPPs"
New Jersey: New Jersey does not have an anti-SLAP statute, although there were bills introduced in 1998 (Senate Bill No. 745) and in 1996 (Assembly Bill 1545). However, the New Jersey Courts have been sympathetic to those impacted by SLAPPs. As a result, the courts have allowed a defendant who successfully defeats a SLAPP-type suit to seek damages from the SLAPP filer on a claim of malicious use of process. http://www.citmedialaw.org/legal-gui...law-new-jersey I know people are missing the point on this one. It could be a landmark case. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
2nd, they face a double or nothing deal here: They have to get past the shield law before they can even start to look at the actual "facts" of the case. So they have to win the shield law action before they can even start on the meat, and there they could end up losing as well. So they need to make two victories to come out ahead, Shellee only has to win one or the other. I just don't understand it at all, I think that the vast majority of people had already let this one blow past and was forgotten in internet time. They have just served to remind us all of what happened. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
i agree with "bluemoney"
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Seems to be taking on a life of its own
http://mntech.typepad.com/msba/2009/...st-status.html |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
Perez Hilton is a good example. He is kinda like the Somali pirates. He based his entire business on stolen products and his only defense is that "everyone" does it. Should he be entitled to any extra ordinary legal protection? I think not. He has shunned the responsibility required to gain that privilege. I expect Shelee is legit and deserves protection. But this case could resonate whichever way the cards fall. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
I think its ironic, that those who make a living from the privilege of free speech are viciously fighting it. TMM is sucking wind in this case. "IMHO" (qualifier to keep tmm from suing me for speaking my mind). Fuck them.
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
Even mainstream media thinks they are bullies... Quote:
http://www.toomuchmedia.com/ for obvious reasons....just an invitation for a response. This should either be...ignored because they have no balls....or prolly damage control 101 which will be instantly recognized. tick tick tick |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Hey...Too Much Media....stop fucking with the first amendment. Without it, you wouldn't have the currency to fight this case.
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
If the lose, well, they will have helped create a legal precedent and at the same time turned themselves into an open target. This whole deal makes absolutely no sense end to end. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
Litigation + Lobbying are a highly integral part of a successful business plan in this country, and the bigger the company gets, the more important those components are. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
First, I think blogs could be considered authentic journalistic sources; not forums.
Second, I just want to say that I don't represent or speak for TooMuchMedia, despite Shellee's own confused references to "2 Much Media" and "2Much media". I'm just following the case since I was there and posted in the initial thread, http://www.oprano.com/msgboard/showthread.php?t=89612. In my opinion, evoking the shield law is a stalling tactic... there are other charges in contention that can't be addressed until this point of law is settled, unfortunately. The main question is, basically, should the shield laws regarding Hale's sources stating that TMM John had physically threatened someone's life apply? Initially she had flatly stated that TMM had threatened someone's life (http://www.oprano.com/msgboard/showp...45&postcount=2). Hale later amended her statement, and that "a reliable source" had made this claim (http://www.oprano.com/msgboard/showp...92&postcount=3). TMM, beyond the slander charges, want to know who (if it wasn't Hale), began propagating what they claim is a false threat. This wasn't in a journalistic context, nor a credibly referenced blog context (Hale wasn't blogging at the time, nor writing a book about our industry and organized crime; these came after, maybe to bolster her shield law requests, though I think her soccer-mom-investigates-porn idea came about to make something out of her abject failure in our field). The claim wasn't anywhere that could be referred to as a source of objective or subjective reporting. It was on this board (among others). This and any other public forum or BBS or whatever you want to call it can't be considered a journalistic context. The only one here who could be covered under the journalist or reporter umbrella would be Gonzo, and any other who moderates the information disseminated here. A blog, though, isn't a public arena, and neither is a news site/source/paper whatever. Here, you stand or fall on your statements. The only journalist, or "editor", would be Gonzo or whoever is moderator of the forum where she made the claims. Not that Gonzo or anyone here is responsible; allowing people to stick their own foots in their mouths is their decision. I thought Shellee had made some sort of apology since her post was a reactionary, ill-informed prophecy of the end of affiliate marketing, inspired by a combination of two out-of-date issues or actual news stories which had been settled or were in process at the time of her post. Maybe that she's being sued for slander means her apologies weren't found or produced, or that they were lost? What's up with that? |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Are we to assume you are speaking for TMM? Do you work for them or do you profit in anyway by association with TMM? If so, what is your affiliation? If not, what is your interest?
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
Read my second statement above: Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Mediaguy, one of the real issues for TMM is that John gives the impression of a very agressive guy, and sometimes can strike some people as a bit of a loose cannon (I have heard worse expressions, but that is enough to make it clear).
Therefore, there is potential that something that John may have said to someone at some point might have been taken as a threat, even though that might not have been John's intention. Like I said before, the shield law stuff is step one, then the rest of the case comes after. TMM has to win 2 in a row to have a hope, and even in getting the indentification of the "source", they may find themselves in a no win situation where one of John's off the cuff "moment of anger" comments was taken by someone in a way not intended, but in a manner that would still pass legal muster. TMM's only win in this is to get past the shield law stuff and prove that Shellee had no source, and just made it up. But that might be pretty hard, as she could point to any random GFY board nick as the source, and that would likely be enough. There is so few ways TMM can win here. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
[quote=rhetorical;826089]Are we to assume you are speaking for TMM?
No. Quote:
Quote:
Quote:
Hale is an ex-customer of ours. I expected something like this to happen to her sooner or later, from her behaviour both "professionally" and publically, especially after the TMM/Rhino-pays post-facto postings. Gonzo posted a legitimate poll/question, and I'm throwing in my two-cents. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
It seems that even people in the mainstream are split on this one ....
http://blog.nj.com/jerseyblogs/2009/...sts_too_m.html Rhetorical has become famous too. Hello to all our new visitors. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Got this today
NATS v3 bug fix As part of of our ongoing commitment to provide the most secure and reliable software, we are contacting you to inform you of a possible security issue with NATS v3. We are providing a fix file immediately to resolve this issue. To get these fix files, in the main NATS directory, run theses commands on your server: cvs up -d fix/2991_approved.php;cp fix/2991_approved.php www/signup/approved.php If you are unsure how to do this, or you wish to have us perform this fix for you, please open a support ticket at http://client.toomuchmedia.com and a tech will be happy to assist you in the implementation of this fix. Thank youToo Much Media |
Re: Should Shellee Hale Be Protected Under Press Sheild?
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
I thought the umbrella insurance policy thing was interesting.... |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
Both as an exposure, and as a shot across the bow for any other "would be journalists" (in their opinion) |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
|
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
There is also no reason to try to defuse a bomb once it's gone off. I didn't follow it at the time, but I understand the whole thing was pretty well publicized? That being the case, the response choices were:
So, if they can make the public believe there was no breach, and it was just an angry affiliate, they could gain some ground, as well as looking like a company that is right on top of things. I agree with your reasoning though....the credit card industry takes your approach. Who can give me ANY details about the time/date/company of the last major card breach? Even the government ones......where was the senate hearing on all those records of soldiers that were compromised? |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
NATS and other backend software doesn't capture and store credit card information, but they do maintain member email addresses and other non-financial data. Also, if you consider affiliates to be customers then all of their information was fully available as well, including SSN, mailing address etc. Pretty tough to gloss all that over and come out looking good. |
Re: Should Shellee Hale Be Protected Under Press Sheild?
Quote:
But if what you are saying is what I think I'm hearing, then it sounds like they don't have much of a case. They did make a note of the costs involved in proving you are right......That sounded like an intentional story plant. note to the future reporters......if you write bad stuff about us, we'll sue you, right or wrong, and you'll go broke defending....so keep yer yap shut. Maybe the reporter can get them with a slapp suit. |
All times are GMT -4. The time now is 07:56 PM.. |
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright Evil Empire Inc. 2006-2022