Forwarded message:

Date: Thu, 30 Jan 1997 23:23:18 -0600 (CST) From: ichudov@algebra.com

I can give you an example.

``Jim Choate invented an improved bubble sort method, called BSAM.''

This is undoubtedly false since you likely did not invent any sorting method. But you would not be able to get any damages (is that correct?)

Under the present system? Yes, it would not be worth a lawyers time to process the appropriate paperwork unless I were a computer scientist and the statement was published in a reputable magazine by something like the ACM or IEEE. Under the system I propose you would be forced to publish a public recantation in the local press as well as paying the legal fees for the trial at least. Provided of course it was worth the cost of the bond to me. After all it is my reputation. The only person who should make decisions about how important my reputation is to me is me, most definitely not you or any other third party. I suspect you would not allow me to decide your reputation either.

When you say "should", what do you mean? That the current law will hold you to a minimum standard of evidence? Or you mean that it would be nice if it were so?

Neither, the currrent requirements of the law are irrelevant. My premise is that such current laws are broke, why would I want to promote them? Answer, I wouldn't. As to 'nice', what is nice isn't an issue. What is necessary is the recognition that for a democratic society to exist in a world where business is done based on reputations by parties who may never make more contact than a email and EFT making statements about such reputations which are not backed by verifiable evidence should be discouraged strongly.

...

A democratic society should have no tolerence for libel, slander, or other forms of lies.

Why? And who decides what is a lie?

This is almost too silly to even respond to. A lie is a statement which could be true but isn't. In the context of the current discussion this would mean that a statement made by one party about another party which was told to a third party and was not verifiable with evidence. Why should anyone tolerate a liar? Responsible and reasonable people don't tolerate liars. Who decides? The same group who decides now, the jury.

...

In civil cases the plaintiff should place a bond, set at some percentage of the maximum permissible award, at the time the case is filed. This would at least cover the general costs of the court and limit nuisance cases.

You can either oppose "specieocracy" and inequality of rich and poor in libel litigation, or ask to place bonds that will make even harder for the poor to sue, BUT NOT BOTH, if you want to remain logical.

This is another clever attempt at a smoke screen. Nice try but 'Brrrrrttt', you loose the bet. I would suggest you don't play poker, your bluffs are truly amateurish. If the plaintiff pays up front or at the end is irrelevant. If the plaintiff loses they pay the cost of the court. If they win then the defendant pays the court costs, reimbursment of the bond, and the penalites awarded by the jury/court. The only reason to require anything up front is to act as a verification that the plaintiff can pay the court costs (which they get back if they win and must pay anyway if they loose) up front. The reason being that it would be possible without this for people to skip out on the court costs if they loose, which would cause another more expensive cost, a criminal trial, that the people in general would have to carry. The end result would be that the taxes we would have to pay would be higher just like your credit card costs are more expensive than they need to be because of fraud by other card holders. I would never attempt to speak for you but I pay too much tax now taking care of deadbeats and similar sorts. Further more, the bond would not have to be extravagant. If it were a simple case of libel with no punitive damages involved it would be resolved by a small claims court and might require no more than $25 - $50 as a bond. The point of the bond is to make the plaintiff think twice, not hinder them if that is what they truly feel is their due. Jim Choate CyberTects ravage@ssz.com