In law, defamation (also called vilification, slander, and libel) is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.
A tort is damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability.
American Heritage Dictionary
Slander and Libel
The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.
Attorney Walker demonstrates slander in conversation with EVE CEO Harold McKeand.
Attorney Walker demonstrates Libel in letter to EVE CEO Harold McKeand and other companies doing business with bobsboots.com, and in discussion board posts throughout the Internet.
Bobsboots is a very bad source of information. It's run by a crooked guy who's been at least hip-deep in the commercial bootleg business. Most of the material about CD boots on that site is either stolen from my Field Recordings Guide, plagiarized from Expecting Rain's long-hosted series of "Deep Beneath The Waves" review columns, or supplied by bootleg sellers. It's not an accident that many of the items placed on the "Bob's Best" list were those heavily stocked and hyped by a sleazy commercial bootseller who advertised on Bobsboots (including one that every other reviewer noticed was very badly mastered and ran at the wrong speed.)
Given Bobsboots' tight connections to the commercial boot industry, it's just not in the site's interests to tell you about recordings that are distributed freely, rather than commercially, or even to keep track of bootlegs that its backers haven't stocked (although its "reviewers" sometimes go out of their way to run down competitors' products).
Walker's libel damaged the reputation of bobsboots.com and it's
operators? Without question. A massive amount of evidence has been
compiled to prove this fact. As for one proof of damage from the above
statement, it comes as a direct response to the statement in the next
Joined: 08 Jan 2006
Location: Boise, Idaho
PostPosted: Thu Nov 30, 2006 9:26 am Post subject: Reply with quote
Thank you for your detailed reply. And, also, for the inside scoop on BobsBoots. Good to know. I will check out the other three.
The implication of this post is that the writer believed the false statements and as a direct result would not patronize bobsboots.com. The result of loss of patron visits directly manifests itself into a loss of income potential to the site.
III (monica's dude) and FRAUD
Information from wikipedia
In criminal law, fraud is the crime or offense of deliberately deceiving someone that results in damage. The damage is usually an attempt to obtain property or services unjustly. Fraud, in addition to being a criminal act, is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a remedy. A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to a person's detriment. A "false representation" can take many forms, such as:
* A false statement of fact, known to be false at the time it was made;
* A statement of fact with no reasonable basis to make that statement;
* A statement of opinion based on a false statement of fact;
* A statement of opinion that the maker knows to be false; or
* An expression of opinion that is false, made by one claiming or implying to have special knowledge of the subject matter of the opinion. "Special knowledge" in this case means knowledge or information superior to that possessed by the other party, and to which the other party did not have equal access.
Gilbert Walker has made many, many such statements as those listed above in regards to bobsboots.com and it's operators.
A few such examples are found in a letter sent to EVE, the host of bobsboots.com. view the letter.
"Mr. Pinkerton has openly admitted that he has improperly used my copyrighted material on his site"
"Mr. Pinkerton... has falsely represented... that he is the owner of the copyrights to material I created"
"As the copyright owner, I..."
"Mr. Pinkerton has used the "Bob's Boots" site for various illegal enterprises"
"promotion and advertising of enterprises engaged in the commercial trafficking in unauthorized live music recordings"
"Mr. Pinkerton has himself personally violated [statute18 USC 2319A] by arranging delivery of such recordings"
By claiming to be the copyright owner, Walker makes evident his desire to take for himself something that belongs to another through means of false statements. This is the exact definition of fraud.