Burke Sues for Defamation

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Re: Burke Sues for Defamation

Postby ukcanuck » Mon Apr 29, 2013 4:53 pm

Arachnid wrote:First sports site to comment on the law suit.

http://www.sportsnet.ca/magazine/steve- ... ne-haters/

Again, they think these people originated the rumour and hate Brian Burke. Maybe one of the 18 did start it and passionately can't stand him. I think we all agree they should be punished but why cast the net so wide?
Maybe it will turn out to be a 12 year old in a Calgary basement. Have they not done their homework?
If the point is to expose anonymous trash and trolls I get it but if they are coming after us for discussions then that's too much like Big Brother. I like talking crap sometimes but at the end of the day we just bag it and throw it out.
Maybe we make it private instead of public? :|

Wait, I don't agree that anyone should be punished unless its Burke for being a complete asshole.
C'mon I saw the original post both here and I saw it refered to over on cowpuke, big fucking deal, wahhhh, I was called an adulterer on a chat line. Wahhhh!
Gimme a break. Both parties are in the public spotlight in high profile jobs they have to expect shit being spread about them.
It's times like these that make me wish I could get through law school fast enough to become a judge so I can throw Burke and his lawyer out of my court and maybe charge him with wasting the legal system's time.

There are real victims out there and real justice needing to be served...
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Re: Burke Sues for Defamation

Postby Arachnid » Mon Apr 29, 2013 5:29 pm

ukcanuck wrote:
Arachnid wrote:First sports site to comment on the law suit.

http://www.sportsnet.ca/magazine/steve- ... ne-haters/

Again, they think these people originated the rumour and hate Brian Burke. Maybe one of the 18 did start it and passionately can't stand him. I think we all agree they should be punished but why cast the net so wide?
Maybe it will turn out to be a 12 year old in a Calgary basement. Have they not done their homework?
If the point is to expose anonymous trash and trolls I get it but if they are coming after us for discussions then that's too much like Big Brother. I like talking crap sometimes but at the end of the day we just bag it and throw it out.
Maybe we make it private instead of public? :|

Wait, I don't agree that anyone should be punished unless its Burke for being a complete asshole.
C'mon I saw the original post both here and I saw it refered to over on cowpuke, big fucking deal, wahhhh, I was called an adulterer on a chat line. Wahhhh!
Gimme a break. Both parties are in the public spotlight in high profile jobs they have to expect shit being spread about them.
It's times like these that make me wish I could get through law school fast enough to become a judge so I can throw Burke and his lawyer out of my court and maybe charge him with wasting the legal system's time.

There are real victims out there and real justice needing to be served...


If someone started a rumour down at the local pub you cheated on your wife don't tell me you wouldn't go down there and shove your fist down their throat. I know I would. BB would too, if he knew who started it.
Although we use anonymous names we are not above the law. We can call each other whatever we want online, we don't know each other.
Public figures are different. I have no problem with him using the law to do what he has to do to protect his rep and family.
I don't agree how he is doing it. Our guy is not fitting into the 'hate & malicious rumour mill' description as I'm sure some in the 18 were just reposting, discussing or questioning the rumour.
If one guy started it then find him and make an example that is not acceptable to say something that is clearly not true and is hurtful.

Someone mentioned about a player having an affair with another players wife. Well, that really happened and affected the team, I remember it well. It was no secret and the team fell apart.
Are we not suppose to discuss it? Should we just say 'something' happened?
Where does free speech end?
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Re: Burke Sues for Defamation

Postby Hockey Widow » Mon Apr 29, 2013 5:38 pm

Again, if it is true it is not defamation and can be freely discussed in a public forum. So if we know something to be true it is fair game. That is the line really. Defamation is something that is false and malicious or careless disregard for the truth.

And

Canadians don't have a constitutional right to free speech, thats US law. Just like we don't have the right to bear arms. We actually don't have the right to the pursuit of happiness either :mrgreen: :mrgreen:
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Re: Burke Sues for Defamation

Postby Lancer » Mon Apr 29, 2013 5:51 pm

ukcanuck wrote:Wait, I don't agree that anyone should be punished unless its Burke for being a complete asshole.
C'mon I saw the original post both here and I saw it refered to over on cowpuke, big fucking deal, wahhhh, I was called an adulterer on a chat line. Wahhhh!


Methinks the Irishman doth protest a tad much, no?
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Re: Burke Sues for Defamation

Postby ukcanuck » Mon Apr 29, 2013 6:09 pm

Spides your making a comparison between a private citizen and a public figure.

I agree if someone was spreading damaging rumours about me I would want a legal option no question. But I am a private citizen living a quiet life I have the right to expect not to be damaged by libel or defamation of character.

flat out I don't think Brian Burke deserves the same expectation because of the career he chose. I guess the comparison I would make is more like the shit they said about Michael Jackson ( insert your favourite celebrity here) the rags are full of Nasty shitty little rumours about people who get no privacy whatsoever ...its the flip side of the huge money they make....
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Re: Burke Sues for Defamation

Postby Arachnid » Mon Apr 29, 2013 6:54 pm

ukcanuck wrote:Spides your making a comparison between a private citizen and a public figure.

I agree if someone was spreading damaging rumours about me I would want a legal option no question. But I am a private citizen living a quiet life I have the right to expect not to be damaged by libel or defamation of character.

flat out I don't think Brian Burke deserves the same expectation because of the career he chose. I guess the comparison I would make is more like the shit they said about Michael Jackson ( insert your favourite celebrity here) the rags are full of Nasty shitty little rumours about people who get no privacy whatsoever ...its the flip side of the huge money they make....


Well that's the rub, I can call you a wife beater on here and it means nothing. It's not true (I hope not :o ) and it does not do anything to your reputation in the real world as none of us know your real persona. But if I find out your real name, address and your local and I go there and say so and so is a blah blah blah and then leave then you may not know me but I might have just ruined your marriage. It doesn't have anything to do with private or public figures, it's intent. You would track me down and sue/punch me upside the head (and I would let you because I'm a stand-up guy :D ).
BTW, those rags get sued all the time but most don't bother because the headlines are so absurd.
So what is the intent of this rumour? To tarnish BBs reputation? To find out why he got fired?
We all have a right to know if not the right to free speech :look:
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Re: Burke Sues for Defamation

Postby the Dogsalmon » Mon Apr 29, 2013 8:25 pm

Hockey Widow wrote:Again, if it is true it is not defamation and can be freely discussed in a public forum. So if we know something to be true it is fair game. That is the line really. Defamation is something that is false and malicious or careless disregard for the truth.

And

Canadians don't have a constitutional right to free speech, thats US law. Just like we don't have the right to bear arms. We actually don't have the right to the pursuit of happiness either :mrgreen: :mrgreen:



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Re: Burke Sues for Defamation

Postby Vpete » Mon Apr 29, 2013 9:17 pm

Zamboni Driver wrote:
Vpete wrote:
I'd get a lawyer.

Then I would counter sue. By nature your online image has been harmed. Burke could have erroneously accused you and now you are a outcast.

Burke has to prove what you did harmed him in ways that are believable. It's a tough road..


You'd morgage your house to pay the legal fees & costs then would you? :roll:
I'd be more inclined to have a lawyer see if they could work something out, especially as the deleted post didn't claim that it was fact, just asking if we had seen the rumor.

Apparently in Canada you don't have to prove harm, seems we have some rather draconian laws.


I would not have to mortgage my house. Just sayin'


Anyhow the post exists it's just not here anymore. It seems to me this is a lot like downloading mp3s going after a few to stop the whole.
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Re: Burke Sues for Defamation

Postby ukcanuck » Mon Apr 29, 2013 11:32 pm

Arachnid wrote:
ukcanuck wrote:Spides your making a comparison between a private citizen and a public figure.

I agree if someone was spreading damaging rumours about me I would want a legal option no question. But I am a private citizen living a quiet life I have the right to expect not to be damaged by libel or defamation of character.

flat out I don't think Brian Burke deserves the same expectation because of the career he chose. I guess the comparison I would make is more like the shit they said about Michael Jackson ( insert your favourite celebrity here) the rags are full of Nasty shitty little rumours about people who get no privacy whatsoever ...its the flip side of the huge money they make....


Well that's the rub, I can call you a wife beater on here and it means nothing. It's not true (I hope not :o ) and it does not do anything to your reputation in the real world as none of us know your real persona. But if I find out your real name, address and your local and I go there and say so and so is a blah blah blah and then leave then you may not know me but I might have just ruined your marriage. It doesn't have anything to do with private or public figures, it's intent. You would track me down and sue/punch me upside the head (and I would let you because I'm a stand-up guy :D ).
BTW, those rags get sued all the time but most don't bother because the headlines are so absurd.
So what is the intent of this rumour? To tarnish BBs reputation? To find out why he got fired?
We all have a right to know if not the right to free speech :look:

I dunno I think it makes a big difference whether youre a public or private figure in what you can expect.
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Re: Burke Sues for Defamation

Postby Topper » Tue Apr 30, 2013 3:48 am

Hockey Widow wrote:Canadians don't have a constitutional right to free speech, thats US law. Just like we don't have the right to bear arms. We actually don't have the right to the pursuit of happiness either :mrgreen: :mrgreen:

We do however, have stereotypical litigious Americans in Canada.
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Re: Burke Sues for Defamation

Postby Arachnid » Tue Apr 30, 2013 5:01 am

Profile of a posta!

http://www.thestar.com/news/crime/2013/ ... _deal.html

I guess he can kiss his sports journalism career goodbye (although he could work for Spector's 8-) ).
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Re: Burke Sues for Defamation

Postby Hockey Widow » Tue Apr 30, 2013 12:59 pm

Isn't it amazing that the Toronto Star can now spell out in some detail the exact nature of the rumour for the whole world to see and read about and because there is a Statement of Claim out there the comments are considered fair comment. Which means I guess people everywhere can now openly discuss these rumours that allege such horrible things? It's no longer defamation to print them and write about then and their contents as longs as you quote from the Statement of Claim. If you didn't know about this before you sure will now.
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Re: Burke Sues for Defamation

Postby Eddy Punch Clock » Tue Apr 30, 2013 1:36 pm

Hockey Widow wrote:Isn't it amazing that the Toronto Star can now spell out in some detail the exact nature of the rumour for the whole world to see and read about and because there is a Statement of Claim out there the comments are considered fair comment. Which means I guess people everywhere can now openly discuss these rumours that allege such horrible things? It's no longer defamation to print them and write about then and their contents as longs as you quote from the Statement of Claim. If you didn't know about this before you sure will now.


Not at HF.

Mention Burke at all and your post is immediately deleted. "Discussed" it with a mod today. I made a post about what can happen to even "good guys" that don't necesarily start crap but merely repost it... and what a possible financial burden it could turn out to be. Just a little heads up for some of the younger, drunken playoff crazed fans was all I was trying to do. I didn't even mention Burke or the specific law suit.

Makes me wonder if the original rumour started there. They sure seem uptight about it.

Such a silly rumour anyways; it was me that was having an affair with Hazel Mae.
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Re: Burke Sues for Defamation

Postby Cornuck » Tue Apr 30, 2013 1:45 pm

Keep in mind too, that this thread would likely be read by Burke's attorneys at some point.
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Re: Burke Sues for Defamation

Postby Hockey Widow » Tue Apr 30, 2013 1:52 pm

Oh no doubt that they will have people monitoring and doing whatever they need to to keep track of this. And rightly so. Isn't it wonderful to know that they read us and care about what we have to say? :mrgreen: :mrgreen:
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