NHB,
Maybe you need to read this entire post over again. You will notice that I stated the message below
BEFORE you came in here trolling.
I forgot to mention this.
A few of us in the industry know more to this story. Please do not post it. If it comes out in the court then fine but I do not want to have to delete a thread because somneone spilled more beans than was necessary.
I posted the above because it is news. BlackJack knives are often asked about, and what happened to them, and I have had to evade answering the question. Now that it is out in the open I have a bit more leeway.
As you can see, I was actually, in a way, on your side trying to keep the unnecessary details out.
As far a libel, you claim to have consulted your law books? Are you claiming to be a lawyer now? From what I know of you you have no experience in matters of law.
"Libel" involves the publishing of a falsehood that harms someone. Slander is the same doctrine applied to the spoken word. Collectively, they are referred to as "defamation". Both are a matter of state laws, which usually (not always) require that the falsehood be intentional.
Many states have statutes that require a demand for retraction or apology to be made before a lawsuit for libel or slander can be filed. Most of these statutes are limited in their application to "media defendants," but courts have not yet decided whether web site publishers are part of the media. Florida's statute, section 770.01, Florida Statutes (1995), has been interpreted as protecting both media and non-media defendants.
A libel or slander claim can be proven by showing:
1. Publication,
2. of and concerning the plaintiff,
3 that is defamatory,
4. that is substantially false,
5. that is published with fault,
a. if about a matter of public concern,
b. private plaintiff = negligence
c. public plaintiff = actual malice
6. and that caused damages.
The Communications Decency Act
47 U.S.C. § 230 (c)
(1) "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
(2) "No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1)."
These provisions are designed primarily to help bulletin board services and will not limit the liability of the publishers of original content.
As you can see NHB I am versed in the subject and law at hand.
I am not the publisher of the original content message at the beginning of this thread. I will watch this thread and remove any claims that can not be back up or claims which are shown to be a falsehood. BladeForums is owned and operated by WOW-Distribution INC, a Florida corporation. Therefor I am governed by the laws of the state of Florida which I outlined above.
Should you wish to pursue this matter in a legal sense feel free to do so.
As far as Marbles is concerned, I have the upmost respect for the name. However I do have concerns about Mike Stewart and what the future is and will be for Marbles. I am also sure Mike Stewart is a great knife purveyor and maker/designer. I never questioned that fact.
Mr. Turber, I have not given out the personal and gory details that I have found out about you, nor have I tried to get everyone in this community to harass you.
I would be amused and furthermore amazed at what personal and/or gory details you could possibly have on me. I lead a fairly public life as evidenced by my owning this site. I know I have made mistakes myself in business and in my personal life but I can not think of anything I may have done which would be "news worthy". People/trolls, like yourself, are easy to spot, as your continued predilection for irrelevancy clearly demonstrates.
You are welcome to post here but it would be in your best interest to stick with the
facts.
No not a threat, and do I really have to remind you that I am not threatening you each time I make a similar statement?
The only implied threat that I will post is that I will ban you from my server should you express yourself in such a way that breaks any of my rules here. This particular forum is allowed a bit more leeway than others which is why this thread is here.
"No personal attacks" is my number one rule. That rule applies to everyone, myself included. However in a case, such as this, when the very business practices of a certain individual are in question, it would be easy to mistake some of the statements above as some sort of personal attack. This is not the case as I would also allow a post about anyone performing a scam on my members here.
In the posts above I do not see anyone attacking Mike Stewart for anything he did which was not business related. If you have seen this please advise me on where this occurs and I will take appropriate action.
Now you can continue your discussion, NHB
------------------
Best Regards,
Mike Turber
BladeForums Site Owner and Administrator
Do it! Do it right! Do it right NOW!
CLICK ON THE LINK BELOW RIGHT NOW! YOU WILL BE GLAD YOU DID!
www.bladeforums.com/ubb/Forum8/HTML/001202.html
[This message has been edited by Mike Turber (edited 02-05-2000).]