[News] Brian Burke Fired - Nonis hired

[oldschoolcalgary]

Wrong thread

[Locke]

I thought Burke's version of 'justice' was a barn in upstate New York.

Or am I going to get sued for saying that?

[Red_Baron]

Originally Posted by UKflames

This defence doesn't hold water any more after it was thrown out during early cases against file sharers. Whilst in reality it is a very possible scenario, the courts no longer accept it.

With file sharing, the copyrighted material was on their computer and was in their possession. This seems markedly different to me.

[Vulcan]

The rumours and speculation were probably sparked by a column like this.
Steve Simmons:

TORONTO - It was late in the Stanley Cup playoffs when the word began drifting out about Brian Burke.
How he was acting erratically.
How his life was spiraling in dubious ways.
How the new owners of the Maple Leafs, still not officially in place, were not happy with what they saw, what they regularly were hearing, what they believed about their prized hockey team.
It was late in the playoffs and the question was asked almost everywhere I travelled, with too many stories — some false, some true — being spread around late at night: He had become the topic almost every day. The questions being asked: What’s going on with Brian Burke? And how long before the Maple Leafs fire him?

http://www.torontosun.com/2013/01/09...nchise-anymore

My take is that Burke ran into the same problem that Darryl did here, a poor relationship with the press. I can't say whether there was good reason for reporters to take this position or not.

[FlamingLonghorn]

Originally Posted by fotze

Could the CP mods be in trouble for deleting it, in essence 'shredding the incriminating documents'? Sort of protecting Loob.

I remember when I worked for the gov't, the rules for deleting emails were pretty strict.

I am assuming they can produce the post if requested by a court of law.

[carom]

Originally Posted by Vulcan

The rumours and speculation were probably sparked by a column like this.
Steve Simmons:



http://www.torontosun.com/2013/01/09...nchise-anymore

My take is that Burke ran into the same problem that Darryl did here, a poor relationship with the press. I can't say whether there was good reason for reporters to take this position or not.

I remember reading this and I not believing that someone could get away with printing it. I guess the fact that it is the sun made it a little more believable. Honestly, IMO it is this kind of article that leads to what ended up coming out in the blogs and forums. There is a lot of reading between the lines and insinuation going on. I think Burke would be better served destroying Simmmons and The Sun through backhanded means. What he is doing feels like legal bullying to me.

[Resolute 14]

Originally Posted by KootenayFlamesFan

The kid is a journalism student and he's posting stuff like that?

He's got a bright future in his chosen field.

We live in a world where a certain Toronto Star columnist killed off Pat Burns a year before he died and whom went out of his way to insinuate Jose Bautista got good because of steroids. There is no shortage of journalists who don't really consider ethics (except, of course, when they want to hypocritically lambaste others).

[Resolute 14]

Originally Posted by CaptainYooh

I see a lot more "opportunities" for lawyers here even in a hockey forum environment alone. Say, a poster posts a rumour about a contemplated player move that proves true. His agent (owner, manager or a player himself) takes an issue with the effect of the rumour on the outcome (positive or negative) and challenges the breach of confidentiality and process integrity within the parties involved by demanding to know who leaked the information? I'd say this COULD be perceived as a fair request by the courts. No defamation, no libel, just a rumour.

I'd really love to read the opinions of any of our Canadian lawyers here. I have an oddly better understanding of how it all works in the US because of things like the Prenda case and from leading popehat.com lately.

But in this scenario, I would have to guess the signal to noise ratio is so high that it would be nearly impossible to prove that a forum post could have a noticeable impact on a player decision. Just think of how many bullcrap rumours are spread on CP, then multiply by every forum out there. Then add tools like Eklund. Then add agents using Twitter and the media to make statements. Then add people like Garrioch, Dowbiggin and Brooks, whom I distrust to the point of wondering how accurate anything they say is. Then add guys like Dreger and MacKenzie, and the others that have legit sources.

Ultimately though, I think the only thing Bingo or the mods could do if a court demanded information was to hand over the IP addresses associated with a user account. The complaining party would then have to get a subpoena to force the relevant ISP to tie that to an account name. Then you have to figure out who is tied to the account if there is more than one person in the house. Probably more trouble than its worth.

[KootenayFlamesFan]

Originally Posted by Resolute 14

We live in a world where a certain Toronto Star columnist killed off Pat Burns a year before he died and whom went out of his way to insinuate Jose Bautista got good because of steroids. There is no shortage of journalists who don't really consider ethics (except, of course, when they want to hypocritically lambaste others).

Oh I agree, just kind of sad that he's just starting his education in his chosen field and he's already going down that path. I'm guessing we aren't looking at a future national newspaper winner here.

[Vulcan]

Originally Posted by KootenayFlamesFan

Oh I agree, just kind of sad that he's just starting his education in his chosen field and he's already going down that path. I'm guessing we aren't looking at a future national newspaper winner here.

I don't know about that. The way popular journalism is going down hill, rumour mongers and innuendo writers are going to be our future. In the States they don't even have to try to be accurate since the repeal of the "Fairness Doctrine". It paved the way for Fox news and Rush Limbaugh to make a living off of disinformation.

[CaptainYooh]

Originally Posted by Resolute 14

...Just think of how many bullcrap rumours are spread on CP, then multiply by every forum out there. Then add tools like Eklund. Then add agents using Twitter and the media to make statements. Then add people like Garrioch, Dowbiggin and Brooks, whom I distrust to the point of wondering how accurate anything they say is. Then add guys like Dreger and MacKenzie, and the others that have legit sources.

Ultimately though, I think the only thing Bingo or the mods could do if a court demanded information was to hand over the IP addresses associated with a user account. The complaining party would then have to get a subpoena to force the relevant ISP to tie that to an account name. Then you have to figure out who is tied to the account if there is more than one person in the house. Probably more trouble than its worth.

fyp

That's what I'm saying. What would be a legit source in a rumour situation? An agent or a manager saying something like "We are interested in exploring opportunities" to Dreger or McKenzie in a casual conversation with an objective to spread the word out there. Nothing concrete, nothing specific. That's fine. Now, think of a closed room conversation overheard by someone and passed along. Or, even worse, one of the parties leaking the info to the cyberspace with some kind of a hidden objective of affecting the deal outcome. Other party can get pretty upset.

[puckluck2]

Originally Posted by KootenayFlamesFan

The kid is a journalism student and he's posting stuff like that?

He's got a bright future in his chosen field.

Well with the way journalism is heading I think he's actually on the right path.