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Old 04-03-2010 | 07:50 AM
  #361  
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Originally Posted by eaglefly
People have won judgements before for EXACTLY this type of thing.

Not saying he would do it, nor defending his "rep". It makes no difference what his misrepresenatations were, but using his facial picture in this manner has gotten people sued before.

If there were no potential jeopardy in doing this, by the same token then, I could find a picture of you and superimpose it on someone having an improper relationship with the back end of a farm animal, put it on the internet and you'd have no cause for defamation, right ?
[edit; insult removed] The alleged victim has to have a character to defame in the first place! Opinions, no matter how malicious, are not the same as stated fact. Hurt feelings or loss of social status don't reach the legal definition of 'damages'. No one made up the crap that came out of his mouth; it was HIM who stated all the false facts. I highly doubt a jury of his peers will find him the victim. That is one of the most difficult cases to prove in court. How about some actual case #'s instead of a general statement like "people" have won judgments and "people" have gotten sued.
Old 04-03-2010 | 07:51 AM
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Originally Posted by eaglefly
Wow.

This pilot has some issues, but posting this picture with his likeness on it on a public forum with that degrading and embarrassing content would easily meet the criteria for a defamation suit.

If he sees it and pounces, he won't have to worry about flying RJ's any longer.

Humor/satire is generally exempt from libel/slander.

Especially since he created the situation by

1. Allowing himself to be publicly portrayed in a magazine.
2. Doing it in such a manner as to attract criticism and satire.

He doesn't have a case. Besides who would he sue? All of the anonymous members of the various forums?
Old 04-03-2010 | 07:59 AM
  #363  
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Originally Posted by rickair7777
Humor/satire is generally exempt from libel/slander.

Especially since he created the situation by

1. Allowing himself to be publicly portrayed in a magazine.
2. Doing it in such a manner as to attract criticism and satire.

He doesn't have a case. Besides who would he sue? All of the anonymous members of the various forums?
Thank you.....
Old 04-03-2010 | 08:06 AM
  #364  
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Originally Posted by eaglefly
Wow.

This pilot has some issues, but posting this picture with his likeness on it on a public forum with that degrading and embarrassing content would easily meet the criteria for a defamation suit.

If he sees it and pounces, he won't have to worry about flying RJ's any longer.
If this were the case, every famous actress who's picture was photoshopped and made into adult material would be bringing such suites. Those who have been successful in such areas can argue that such bad publicity damages their earning potential. In this case - it is what Tim has done that will damage any earning potential in his future.

USMCFLYR
Old 04-03-2010 | 08:29 AM
  #365  
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Old 04-03-2010 | 09:02 AM
  #366  
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Originally Posted by BoilerUP
HAHA! Good one!
Old 04-03-2010 | 09:13 AM
  #367  
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Originally Posted by USMCFLYR
If this were the case, every famous actress who's picture was photoshopped and made into adult material would be bringing such suites. Those who have been successful in such areas can argue that such bad publicity damages their earning potential. In this case - it is what Tim has done that will damage any earning potential in his future.

USMCFLYR
I'll admit your points have merit, but does embellishing his experiences and credentials warrant pictures on the internet with his face superimposed and genitals exposed ?

Is that going too far ?

How would a sympathetic judge look at that (especially if he demonstrates a known illness) ?

I'll admit I don't have all the answers here, but I believe this isn't the same situation as celebrities who seek fame. He wasn't necessarily seeking fame with the article and it was a private trade publication.

I must say though, I find it incredably ironic that a few of the mods here have warned me (and even banned me for a few days) for supposedly not adhering to the standards that supposedly exist here and yet happily accept not only that picture of immaturity and poor taste above, but of the immeadiately above one portraying APC as a childish school girls club of petty bickering, infighting, cliques and ridicule.

But then again, pilots will be pilots and remian their own worst enemy.
Old 04-03-2010 | 09:14 AM
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Originally Posted by eaglefly
Wow.

This pilot has some issues, but posting this picture with his likeness on it on a public forum with that degrading and embarrassing content would easily meet the criteria for a defamation suit.

If he sees it and pounces, he won't have to worry about flying RJ's any longer.

This is what you get when you cross the ultimate in PC lack of sensibilities with amateur lawyering. There have been a lot of statements on this forum, and you chose that picture as the one that would be defamatory?
Old 04-03-2010 | 09:19 AM
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Originally Posted by LivingInMEM
This is what you get when you cross the ultimate in PC lack of sensibilities with amateur lawyering. There have been a lot of statements on this forum, and you chose that picture as the one that would be defamatory?
Just because I chose that one doesn't mean it doesn't apply elsewhere and it seems this forum is CHOCK FULL of amateur lawyers far better then me.

The only thing that outnumbers the lawyers here is the children.
Old 04-03-2010 | 09:46 AM
  #370  
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Originally Posted by eaglefly
I must say though, I find it incredably ironic that a few of the mods here have warned me (and even banned me for a few days) for supposedly not adhering to the standards that supposedly exist here and yet happily accept not only that picture of immaturity and poor taste above, but of the immeadiately above one portraying APC as a childish school girls club of petty bickering, infighting, cliques and ridicule.
I (and the other mods) didn't notice the genitals in the GW picture until this morning...posts deleted. Feel free to report such posts using the exclamation point icon in the lower-left corner.

The school girls thing is humor...not a TOS violation.
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