--
frank theriault wrote:
Right you are, Keith,
Just the logistics alone would cost way way more than it's worth.
There would be US lawyers, Oz lawyers, there'd be documents flying back and forth (literally).
The question of jurisdiction alone would make your head swim. Usually a law suit occurs when the injury-causing action took place. Where would it be here? The original e-mail came from the US, but the "offensive" one, was sent out from Oz, and received (that's where any injury to reputation actually occurred, right, when it was received?) around the world.
So, before they could even have a trial, Tan's lawyers would argue that Oz is the appropriate forum, Max' Company's lawyers would say the US, and they'd be in court for weeks arguing that legal point alone. Just to decide where the trial will take place.
Then, they'd go to trial.
Hundreds of thousands of dollars in legal fees later...
And, you hit the nail square on the head in your last comment. First thing would happen is a nasty letter from Max' co's lawyers saying, "cease and desist", and poor little Fairygirl, quaking in her boots, would send back a letter saying, "sorry", and that would be the end of it. Of course it'll never get that far.
Anyway, my last word on this subject, barring any unforeseen subsequent posts <vbg>.
cheers, frank
"The optimist thinks this is the best of all possible worlds. The pessimist fears it is true." -J. Robert Oppenheimer
From: Keith Whaley <[EMAIL PROTECTED]> Reply-To: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: Re: something weird... Date: Sun, 28 Mar 2004 03:25:00 -0800
In my most humble and non-binding opinion, any such person in the U.S. would have a hell of a time sueing an Australian citizen!
In fact, it takes a whole lot more than just wanting to.
You have to have MONEY to sue. A lot of it. Or if you don't, an absolute certainty that you will prevail in any court action.
That in and of itself is uncertain, especially if you're dealing with a jury.
I most certainly would not hesitate to say or do anything that seems reasonable -- the law says "prudent" -- to you. If someone doesn't like it, it's their job to say so, and give you a chance to "cease and desist."
Your's is a non-worry, so far as I'm concerned...
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-- graywolf http://graywolfphoto.com/graywolf.html
