Posts Tagged ‘slander’

Freeway vs. Highway – Libel vs. Slander – Shotgun vs. Rifle – Accident vs. Collision – Blog vs. Post – Jumbo Jet vs. Regular – Gas vs. Fuel

Monday, August 7th, 2017

We’re in Cali, right? So you know what a freeway is. So don’t call a freeway a “highway.” In California, a highway is any old street. For example:

CVC 21201 (d) A bicycle operated during darkness upon a highway…”

This use of highway in this context means any public street. I guarantee it. (But you can ride your bike on many sections of California freeway – see below.) So you can’t say that Frisco only has two highways (but if you do, people will know you mean freeway through context, I guess.)

What I’m saying is that you use highways to get to a freeway, how’s that?

Libel and slander don’t necessarily mean what you think they mean 100%, sry. Your rule of thumb will keep you out of trouble almost all of the time, but things can get tricky when you get down into the weeds. So yes, you’ve got the dictionary definition right, but there can be exceptions, the same way the duck-billed platypus is an egg-laying species but also a mammal. The solution is defamation and defamatory. 

Let’s try it out. “Dear Sir, your words are defamatory. I shall contact my solicitor to begin an action for defamation.” That works, baby. (Or, you can call yourself an “editor” of an online entity what’s called “Beyond Chron” and then threaten to sue the real Chronicle. Like you’ll say “I’ll consider my options” of suing the real Chronicle for defamation, something like that. And then people will chuckle because they know you’ve already decided not to sue our local paper of record.)

And really, this difference doesn’t really matter. It’s like what’s a fruit and what’s a vegetable. There’s no reason to get into the distinction most of the time.

(But feel free to mock those who confuse these terms, or use the term “liable,” – I won’t take that away from you.



Sometimes it’s hard to tell the difference betwixt a shotgun and a rifle, especially from far away. So the term you use is long gun. Easy peasy. I saw the use of this term exactly once in our local Paper of Record, and I thought, wow, that’s how you do it. But then the hed was changed an hour later, presumably because readers were confused. Or maybe the issue had been cleared up by then, IDK.

Another thing is that a rifle can kill you from 500+ yards away and a shotgun can’t.

An accident is something what occurs not on purpose and a collision is when two or more things hit each other, more or less. (And let’s not get into allision.) But you see, they’re not really substitutes for each other. Sometimes collisions are accidental and sometimes accidents involve collisions. Most accidents involving cars are the result of negligence and some are the result of recklessness. Most bike accidents are the result of pilot error, you know, just falling down, but some involve hitting or getting hit by a car and that may or may not be the bicycle rider’s error. You need to look at each case to find fault.

Now if a tennis pro who’s into crystals starts running people over on purpose in the Mission, well, that’s not an accident, but later on you might say that you have a trick knee now due to a traffic accident even though this guy targeted you, that’d be OK. If you have reason to believe that some car crash was committed on purpose, you can say, “That was no accident.” And then it could be attempted homicide or vehicular manslaughter or battery – it could be a lot of things, but not an accident. Anyway, if a collision was the result of negligence or recklessness, then it quite rightly can be called an accident. (And of course, I’m more of a San Francisco bike rider and more of a San Francisco pedestrian, measured any way you would like, by miles, hours, years, decades on these streets of San Francisco, than anybody who harps on you about the difference between accident and collision. Think on that.)

A blog is a weB LOG – it’s the whole enchilada. A single entry into a blog is called a post. I am astounded at the number of people who don’t get this, even after a quick mansplaining. So, the post is the tree and the blog is the forest that the tree is in.

Now one time some lady who got rich off the Chron, through marriage I guess, paid some lawyer to send me a long-winded letter about how I was going to get sued for slander libel, ah defamation, that’s that ticket. Now he was only writing me concerning one post, but his demand was for me to take down my blog, you know, which at that time was made up of thousands and thousands of posts. You see, he was confused. (And then he said I wasn’t allowed to tell anybody about this matter, so of course I posted his letter on my blog the next day. (In poker terms, this is called going over the top.) Good times. And I kept the offending post up, ’cause it was all good. And of course I never got sued IRL. You gotta know how to handle Trump-like individuals, know how to call their bluffs.)

A jumbo jet is a Boeing 747, mostly. You can also throw in the Airbus A380 – now some call it a superjumbo, but you can also call it a jumbo. Both of those aircraft are also widebodies, with twin aisles. And narrowbodies have just one aisle, typically with five or six seats per row. Moving down, you’ve got your regional jets and your corporate jets and then your general aviation jets. That’s it.

Oh, there are some widebodies that aren’t jumbos, like the Boeing 777, that can carry more passengers than a smaller jumbo, like the comical-looking 747SP. Certainly this stubby jet is huge, it’s just so short that it went obsolete pretty quickly. So then along came larger and larger twinjets with only a single deck, but they end up having more capacity than a “jumbo.” Oh well. I didn’t make the rules, I just ‘splain them on my blog.

And if you aren’t sure, never say gas, say fuel. This will keep you out of trouble.

So a military tank might run on gas, but most likely not. The same thing with vessels. And some cars run on diesel of course, Usually, there’s no reason to be specific.

FIN

And here are some of your bikes operating legally on freeway areas, one in San Mateo County and the other in Marin:

7J7C6620-copy

go8f1555-copy

Know Your San Francisco Gay Pride Weekend Shootings and Then You Won’t Get Sued by SF Pride Attorneys

Thursday, June 30th, 2011

Sometimes things happen in town and sometimes people die. That’s the way it is.

Anyway, check out “PRIDE OFFICIALS THREATEN YOUTUBE VIDEOGRAPHERSand

SF Pride bullies individuals who post videos of violence near its events

and then review the current hit results here…

…and then check out the threatening letter below.

Obviously, not every shooting that occurs in the 415 during the last weekend in June is a “Pride Shooting.” Obviously.

Anyway, take a look at both sides of this issue and decide which one you’re on.

Now, do I think that the San Francisco Lesbian, Bisexual, Transgender Pride Celebration Committee, Inc. has  been run poorly?

Yep.

Does it benefit in me in any way shape or form to say that?

Nope.

Do I think that the people behind Pride should be looking within instead of lashing out?

Mmmm…

“Dear Mr. Wilton:

I am General Counsel for the San Francisco Lesbian, Bisexual, Transgender Pride Celebration Committee, Inc. (“SF Pride”), the producer of San Francisco Pride and the owner of the trademark “SF Pride, among other valuable marks.

The YouTube video that you filmed and display athttp://www.youtube.com/watch?v=dOfz0zxDdNc falsely states that there was a “shooting at Pride 2011”. The police and the media have all confirmed and made affirmative public statements that the shooting that happened on Saturday evening, June 25th WAS NOT AT SF PRIDE and was not connected the Pride Festival.

For example, see: http://www.sf-police.org/index.aspx?page=3763&recordid=52 which quite clearly leaves out any reference to SF Pride or the Pride festival. And http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=8214747 which notes that the shooting was “blocks from the Pride festivities.”

Your YouTube posting falsely claims in the title and in the introductory splash page at 0:010:06. In fact, the shooting was NOT on the SF Pride festival grounds and was not related to SF Pride, or the Pride Festival, or any LGBT issue or concern.

You did not, for example, title your video “shooting in front of Apple iPad advertisement.” Nothing in the video has any connection with SF Pride or the Pride festivities. You simply chose to sensationalize your posting by wrongly associating a violent tragedy with the safe and peaceful, SF Pride. Your advertising harms SF Pride by that false association. It harms SF Pride’s ability to attract attendees and sponsors for future events by creating the false impression that the event and festival were the site of a violent shooting.

Your video constitutes false advertising from an attorney, trade libel, and constitutes tortious interference with SF Pride’s prospective economic advantage by associated its safe event with this tragic and entirely unrelated incident.

According to YouTube, over 3,200 have viewed this outrageous misrepresentation already. Specifically:

San Francisco / Civic Center Shooting at Pride 2011 – Sat 6-25-2011
http://www.youtube.com/watch?v=dOfz0zxDdNc

The end of the video at about 2:27 in states:

Filmed by David Wilton
Law Offices of David Wilton
http://www.davidwilton.com/
(415) 669-4059

SF Pride demands that you at once do the following or we will take all other necessary and appropriate legal action:

1. Take down the above referenced video.

2. Replace it with an affirmative public apology to SF Pride for wrongly associating it with violence, and clarifying that the shooting on Market Street had nothing to do with the SF Pride festival, and was blocks away from it;

3. Pay SF Pride $10,000 in damages and costs. Any delay will certainly see this amount increase.

Very Sincerely,
Brooke Oliver
Outside General Counsel, San Francisco Pride”

 

The “Co-Owner” of a Local Flying School Threatens This Very Blog

Tuesday, December 15th, 2009

Read below to see the message that came over the transom of this little blog yesterday, the very blog you’re looking at right now. It concerns a post from a year and half ago about an airplane crash-landing that resulted in no major injuries

The missive, in its entirety: 

“When you google Flying Vikings your false article comes up. If you do not fix your false statements. I will deal with you. My name is Celine Correa and I am a co-owner of Flying Vikings. You need to report on the many thousands and thousands of flight hours we have done. Call me and I will give you verifiable details no false hoods. You need to correct your article immediately.
 
Celine”

O.K. fine. If anybody wants to go through and find any of the purported “false statements,” well then have at it – that would help me out.

Otherwise, I don’t think I’ll be “reporting” on Flying Vikings’ “many thousands and thousands of flight hours” (is that a lot? My dad, currently pushing up daisies in Virginia, had five figures worth of flying hours with no accidents, AFAIK) in some sort of fairness-doctrine type of deal.

The comments are open on this post, if anyone wants to pipe up. Thanks for your help.

Here it is: 

Another Accident Involving Hayward-based Flying Vikings, Inc.

Today’s headlines include news of the crash landing of a Flying Vikings, Inc. Cessna 172 in Oakland, California.

The San Jose Mercury News earlier reported that N61736 ”had a gas leak,” but now is going with ”mechanical problems” as the cause of this incident. KCBS, which labels this single engine plane the KCBS Radio Traffic Plane, is reporting the pilot claimed the oil pressure guage plummetted just before the engine conked out. This aircraft, built in 1974, suffered “substantial damage” during an incident in 1981.  

The following language, written before today’s accident, appears on the Flying Vikings website:

Since Flying Vikings also has a contract with local news gathering organizations, students are offered opportunities to build time that no other school can. Fly 3 to 6 hours a day and get paid.

A visual aid to help imagine yourself staring at a motionless propeller low over the Bay Area. Click to expand:

175264529_c84380bc84_o-copy.jpg

The dash of a Cessna 172 and a view of Candlestick Park, from the incredible Telstar Logistics Flickrstream

Here’s a photo of a different Flying Vikings aircraft, a Piper that suffered a fatal accident in 2006. Readers may find this link, relating to the Piper crash, of interest, however, it might lead you to unproven speculation about the cause of that tragedy.

The Federal Aviation Administration and Cal OSHA should be able to determine the cause of this forced landing fairly easily.

A relatively happy ending to a scary situation.

So that’s the purported “false article” from 2008.
 
Actually, the only reason I found this incident noteworthy at the time was the number of conflicting reports about the cause of  this incident. The National Transportation Safety Board investigated and concluded the problem was:
 
“A loss of engine power due to oil starvation. The oil starvation event was due to the failure of maintenance personnel to tighten the mounting bolts for the newly installed vacuum pump.”
 
Seems the pump had just been replaced three days earlier and the flight of June 30, 2008 was the first one using the new pump.
 
All the deets from the NTSB, after the jump.
 
(more…)

If Yelp Ever Deletes Your Account, You Should Sue, Sue, Sue!

Monday, July 7th, 2008

An angry “Solopreneur,” Adryenn Ashley, recently demanded a jury trial because Yelp deleted her account. She feels “public humiliation, liable, and defamation,” so somebody at Yelp is going to pay.   

What’s that? The class-action lawsuit is only just being developed right now, per Yelp-Sucks.com?

Perhaps IHateYelp.com could help get this suit off of the ground? Uh oh, apparently ‘Public’ online spaces don’t carry speech, rights. That could be a problem.

Let us rue for the happy days, back in ought-five, when Yelpers could celebrate their success without fear of lawsuits. Thusly:

79501336_bfbbfb513d_ba.jpg

via Yelp.com’s flickrstream

It was the Golden Age of the Wired.