Phaneuf, Cuthbert, and Lupul seeking damages from TSN & Tweeter

[dammage79]

Originally Posted by CorsiHockeyLeague

I just cannot see why a trio of millionaires wants to go through a drawn-out, expensive, onerous litigation process to recover probably nominal amounts from some nobody. If you're Elisha Cuthbert or, hell, Joffrey Lupul, do you really want to go through questioning for X days on your sexual history?

Well if they are going for it I suppose that in of itself proves that it was a basless rumor that was damaging to their reputation. That or all three of them are willing to commit perjury to cover up the incident. in which case i doubt they'd have the balls to take this course of action.

If anything comes of this I hope it's better screening of things the major media puts on the air and a little more accountability to users who post abusive, pervasive and salacious messages on mass social media outlets.

[CorsiHockeyLeague]

I don't really doubt that it was a baseless rumour I just don't think this sort of thing is worth the UNREAL hassle and aggravation that accompanies pursuing something like this.

[northcrunk]

Originally Posted by CorsiHockeyLeague

I don't really doubt that it was a baseless rumour I just don't think this sort of thing is worth the UNREAL hassle and aggravation that accompanies pursuing something like this.

Definalty considering one is a hollywood actress and TMZ would have a field day if this went to trial. I see this as more of a scare tactic than anything with teeth that will bite in. Also if the tweeter is under 18 isnt it impossible to sue someone who is not an adult?

[dammage79]

Originally Posted by CorsiHockeyLeague

I don't really doubt that it was a baseless rumour I just don't think this sort of thing is worth the UNREAL hassle and aggravation that accompanies pursuing something like this.

For some folks, I guess their good name needs to be defended to the fullest no matter how much of a waste of time if looks like. Maybe an ego thing. It's going to be worse for the tweeter. They have a ton of money to waste while he get hammered into oblivion under court costs. If that is their agenda, should be interesting to watch.

[northcrunk]

Originally Posted by dammage79

For some folks, I guess their good name needs to be defended to the fullest no matter how much of a waste of time if looks like. Maybe an ego thing. It's going to be worse for the tweeter. They have a ton of money to waste while he get hammered into oblivion under court costs. If that is their agenda, should be interesting to watch.

Even crazier considering the kid is a die hard Leafs fan.

[Resolute 14]

Originally Posted by CorsiHockeyLeague

I just cannot see why a trio of millionaires wants to go through a drawn-out, expensive, onerous litigation process to recover probably nominal amounts from some nobody. If you're Elisha Cuthbert or, hell, Joffrey Lupul, do you really want to go through questioning for X days on your sexual history?

Often times the threat is enough. It is doubtful that they will go after TSN following the retraction and apology since it is likely that apology is all they really wanted.

Originally Posted by northcrunk

The internet is not the MSM. The main stream media would not have been able to publish anything about the incident. But they can write stories now since it's been legitimized by bringing lawyers into it. Give the media more to talk about and a reason to print the story.

The MSM does not define when something is a "story".

[Oling_Roachinen]

Originally Posted by CorsiHockeyLeague

If you're Elisha Cuthbert or, hell, Joffrey Lupul, do you really want to go through questioning for X days on your sexual history?

Really?

The person has already admitted it was an "inside joke." It's not like the defense would at all try to prove that it was a fact, that would be complete opposite approach. Not that I believe this would go to court.

Originally Posted by northcrunk

Definalty considering one is a hollywood actress and TMZ would have a field day if this went to trial.

If TMZ started treating this as any form of scandalous type affair, it would only serve to strengthen Phaneuf's, Lupul's and Cuthbert's case.

[northcrunk]

The whole thing is a PR disaster. Nobody looks good from this.

[getbak]

Originally Posted by CorsiHockeyLeague

I just cannot see why a trio of millionaires wants to go through a drawn-out, expensive, onerous litigation process to recover probably nominal amounts from some nobody. If you're Elisha Cuthbert or, hell, Joffrey Lupul, do you really want to go through questioning for X days on your sexual history?

Does anyone actually think this will ever see the inside of a courtroom? They asked for an apology, they got it. They made a stupid guy on Twitter crap his pants.

I doubt anything else happens with this.

[Resolute 14]

Originally Posted by northcrunk

The whole thing is a PR disaster. Nobody looks good from this.

Personally, I think Lupul, Phaneuf and Cuthbert handled it perfectly.

[Oling_Roachinen]

Originally Posted by northcrunk

The whole thing is a PR disaster. Nobody looks good from this.

Disagree. I'm not a fan of Phaneuf, but I think he handled it well. Someone attacked his wife (and teammate) and TSN allowed it to be broadcast nationally. I see no reason to fault him for any of his actions. Cuthbert as well has to protect her image, allowing a national news program post libelous claims against her is something she can't allow.

Even Kessel looks pretty good in this situation given his part.

Lupul, apparently, has gone a bit too aggressive on social media right now including challenging people to fights. So he isn't handling it the best.

[CorsiHockeyLeague]

Originally Posted by Resolute 14

Often times the threat is enough. It is doubtful that they will go after TSN following the retraction and apology since it is likely that apology is all they really wanted.

I think they probably could have gotten it without threatening a lawsuit, but I guess we'll see.

For some folks, I guess their good name needs to be defended to the fullest no matter how much of a waste of time if looks like. Maybe an ego thing.

This is true, but usually that righteous anger subsides once it becomes clear what an utter ordeal the litigation process is.

It's going to be worse for the tweeter. They have a ton of money to waste while he get hammered into oblivion under court costs. If that is their agenda, should be interesting to watch.

I doubt it will be. The substance of their claim against him was "someone was mean to me on the internet".

[northcrunk]

Yeah Lupul is having a meltdown for sure. Challenging instagram users to fights and law suits there too.

[Resolute 14]

Originally Posted by CorsiHockeyLeague

I think they probably could have gotten it without threatening a lawsuit, but I guess we'll see.

Probably, but likely not the kind of apology they did. I think the deeper context of the cold war already developing between the Leafs players and the local media played a big role in the scope of the complaint. It might have effectively been a shot across the bow to the media in general, because some of the stories are trending toward attacking the person rather than attacking the play. Nothing that rises to defamation (hurt feelings aren't defamatory), but certainly the players have their hackles up right now.

I doubt it will be. The substance of their claim against him was "someone was mean to me on the internet".

The substance of their claim is that they were defamed by someone on the internet. But the kid will be saved by the fact that TSN spent all of yesterday groveling - which mitigates the major fallout of this, and that he wised up and closed his Twitter account. There is no financial benefit to going after him (only cost), and the story switches to "TSN apologizes for defamatory tweet", which effectively takes care of things.

This story is pretty much done at this point, except for the handwringing aboug feelings, free speech and other bluster.

[northcrunk]

His twitter account is still up but he has deleted the tweet and hasn't tweeted in a day. Gained 1500 subscribers since the incident.

[northcrunk]

Also it seems the screen grab is still being tweeted out by thousands

[Buster]

Originally Posted by photon

It's not about offence, if you read what defamation is it's got nothing to do with being offended. That might be why you seem confused and keep offering parallels that you think are similar but are obviously not.

I think it's a valid comparison.

If someone on here were to make a claim (perhaps saying they had insider information), that a player was injured. Are they open to defamation at that point? I bet if Sureless posted a rumour about a player injury and then got sued, the pitchforks would be out here, despite the fact that in both instances, all someone did is write something on a computer screen.

My point is that the indignant masses here are probably upset because of the titillating nature of the allegation and forget the impact at may have on them. Or at least the impact it may have on free and open discourse.

So no, I don't think these celebrities deserve protection from rumor-mongering if the cost is a reduction in our liberty.

(I'm obviously not making a legal argument. But laws are often wrong from a justice perspective.)

[pylon]

Originally Posted by Buster

I think it's a valid comparison.

If someone on here were to make a claim (perhaps saying they had insider information), that a player was injured. Are they open to defamation at that point? I bet if Sureless posted a rumour about a player injury and then got sued, the pitchforks would be out here, despite the fact that in both instances, all someone did is write something on a computer screen.

My point is that the indignant masses here are probably upset because of the titillating nature of the allegation and forget the impact at may have on them. Or at least the impact it may have on free and open discourse.

So no, I don't think these celebrities deserve protection from rumor-mongering if the cost is a reduction in our liberty.

(I'm obviously not making a legal argument. But laws are often wrong from a justice perspective.)

You just don't get it.

When sureloss posts a 'rumour' it is presented and pre-qualified as such. And it leaves a margin for error. A rumour is something that may potentially happen, but still may not. There is full disclosure to that fact.

When you say publicly "Jim banged Bob's wife Donna" then you are into the territory of slander. If you said "I heard a rumour that Jim banged Bob's wife Donna." Although it is a very scumbag thing to do, you would probably be able to get off the hook, if you could provide a source to the rumour. If you just made it up for sharts and giggles and that could be proven, it could still be considered slander.

This punk is getting everything he deserves as he presented it as fact, and I hope he gets taken for everything he has, which is probably very little if he gets joy out of tweetering infidelity rumours out of his mom's basement. And no, you cannot say it falls under satire, as it wasn't even remotely funny. There was no context for a joke, which satire generally requires.

You must love TMZ BTW. It seems it's right up your alley with your way of thinking.

[Hackey]

Originally Posted by getbak

Does anyone actually think this will ever see the inside of a courtroom? They asked for an apology, they got it. They made a stupid guy on Twitter crap his pants.

I doubt anything else happens with this.

You would hope so. Don't see the real benefit. If anything taking it to court I think makes them look just as bad as the guy who wrote the comments. It's obvious what he was going for and I guess he got more than he could have ever wanted.

[Resolute 14]

Originally Posted by Buster

My point is that the indignant masses here are probably upset because of the titillating nature of the allegation and forget the impact at may have on them. Or at least the impact it may have on free and open discourse.

I suspect that most of us have a better idea than you do, actually.

Also, is there any reason why you won't answer my question? You do realize your refusal to address it is only an admission that you painted yourself into a corner you can't get out of, right?