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Old 01-06-2012, 04:56 AM   #226 (permalink)
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Not so. If the sellers say that because of the messages sent they in effect thought badly of the buyer & in turn blocked him from bidding this proves that his reputation was tarnished & also if the messages that Nick sent to the sellers were bashing the accuser by username this is also evidence. The username can be linked to the accuser which proves libel.
libel

1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for general damages for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called special damages. Libel per se involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit.



Based on your reasoning ... Nick could sue Munchie right now for calling him a criminal, since Nick hasn't been charged with any crime.
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Old 01-06-2012, 04:59 AM   #227 (permalink)
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Old 01-06-2012, 05:03 AM   #228 (permalink)
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How do you know he's going to get a slap on the wrist from his parents? They could pack him up and ship him to the Army for all you know. But what ever it is, is more appropraite then trying (my eyes are rolling as I'm typing this) to send him to jail, and lolz try him in international court.
Well the international court thing is a bit far fetched I agree as they would most certainly throw out this case IMO, but what I meant was a slap on the wrist from the courts, not his parents. Even if they sent him the Military (they can't because he has to volunteer unless a judge orders it & he would never do that for such a low budget white collar crime like this one) it would do him some good.

You act like the military is a bad thing. Let me tell ya the military saved my life. I was unruly & a bad person right at about his age too. Had I not gone into the military I would be dead or in jail so thank you military for making a REAL man outta me & teaching me:

Honor, respect, selfless service, courage, loyalty & duty. Those aren't just punchlines sir. They saved me & hell would do this boy some good.

Im not saying that is the best solution for him, but anything other than a weak parental " don't do that again you're grounded" Speech would do this kid some good.

Im not saying Nick is rotten to the core either don't get me wrong, but obviously if he has the time to make a scheme up like this one & execute it for this long is something of a concern.

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libel

1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for general damages for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called special damages. Libel per se involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit.



Based on your reasoning ... Nick could sue Munchie right now for calling him a criminal, since Nick hasn't been charged with any crime.
No he could not as it does not go so far as to prove the 4 points you mentioned earlier. Also he is not CALLING him anything. The accuser purports to have documented proof which is much more than what Nick may ever have against this man.

I bolded & underlined my portion to prove my point.
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Old 01-06-2012, 05:10 AM   #229 (permalink)
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No he could not as it does not go so far as to prove the 4 points you mentioned earlier. Also he is not CALLING him anything. The accuser purports to have documented proof which is much more than what Nick may ever have against this man.
Nothing in this thread proves all 4 things. But if you are going to say 3 or 2 out of 4 is sufficiant then why not 1 out of 4

Calling someone a criminal with out a conviction would be doing harm and untrue. He might have 10000 documents. I can print 10000 documents too, I can even go into photoshop and and make a blowout forum page where you call me a *#&(*&*(!#&(#*&...
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Old 01-06-2012, 05:16 AM   #230 (permalink)
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Nothing in this thread proves all 4 things. But if you are going to say 3 or 2 out of 4 is sufficiant then why not 1 out of 4
What I am saying is the accuser purports to have all the evidence necessary to prove all 4 points to make the case, not that he posted everything he has right here to prove it to a court of public OPINIONS.

No matter what you and I say here it's what he has in his hands or on the computers that counts & in the end that is what will ultimately decide this, not us two going back 7 fourth about who is right or wrong.

We are both scholars, & donkeys so what say we just say Nick was a douche, grab a beer or drink & watch the judge Judy show together when the case comes on shall we lol.

to you all I bid you adieu.....Until 8 hours from now that is or after I file my lawsuit as well.
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Old 01-06-2012, 05:21 AM   #231 (permalink)
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What I am saying is the accuser purports to have all the evidence necessary to prove all 4 points to make the case, not that he posted everything he has right here to prove it to a court of public OPINIONS.

No matter what you and I say here it's what he has in his hands or on the computers that counts & in the end that is what will ultimately decide this, not us two going back 7 fourth about who is right or wrong.

We are both scholars, & donkeys so what say we just say Nick was a douche, grab a beer or drink & watch the judge Judy show together when the case comes on shall we lol.

to you all I bid you adieu.....Until 8 hours from now that is or after I file my lawsuit as well.
Well good luck with it, I hope you win for real. At least it's legitimate
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Old 01-06-2012, 07:06 AM   #232 (permalink)
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Internet lawyers

I am actually debating staying home today just to read this thread....
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Old 01-06-2012, 07:23 AM   #233 (permalink)
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Wait, you think you're gonna get a jury trial with this? Hahahahaha yeah, I don't think so my friend.
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Old 01-06-2012, 07:26 AM   #234 (permalink)
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We are both scholars, & donkeys so what say we just say Nick was a douche, grab a beer or drink & watch the judge Judy show together when the case comes on shall we lol.
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Old 01-06-2012, 07:42 AM   #235 (permalink)
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Internet lawyers

I am actually debating staying home today just to read this thread....
Lol this isn't even laywer talk, this is intro to cj stuff.

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Wait, you think you're gonna get a jury trial with this? Hahahahaha yeah, I don't think so my friend.
That's what I said, then all I got was churchill quotes and garbage zen advice from steve jobs
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Old 01-06-2012, 07:44 AM   #236 (permalink)
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Ok, show of hands

who thinks munchies guy is taking it a little too far and expecting way too much? Just curious what everyone else thinks.
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Old 01-06-2012, 07:58 AM   #237 (permalink)
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Ok, show of hands

who thinks munchies guy is taking it a little too far and expecting way too much? Just curious what everyone else thinks.
Anthony... Munchies was scammed,Cheated, and everything else under the sun...How would you feel??? The AVJP I know would have Lost all control by now....For a second put yourself in his shoes...Papiis is a friend to many, But you can not protect what he did!!! I say Let JUDGE JUDY BURN HIS BUTTOCKS This is only 1 lie in a ocean of lies he has commited.I VOTE TO STRIKE HIS NAME FROM THE FORUM LIKE THEY USED TO DO IN THE OLD DAYS AND BURN HIM AT THE STAKE

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Old 01-06-2012, 08:04 AM   #238 (permalink)
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Anthony Munchies was scammed,Cheated, and everything else under the sun...How would you feel??? The AVJP I know would have Lost all control by now....For a second put yourself in his shoes...Papiis is a friend to many, But you can not protect what he did!!! I say Let JUDGE JUDY BURN HIS BUTTOCKS This is only 1 lie in a ocean of lies he has commited.I VOTE TO STRIKE HIS NAME FROM THE FORUM LIKE THEY USED TO DO IN THE OLD DAYS AND BURN HIM AT THE STAKE
his name is Anthony Munchies?!?!?! Well that's awesome

Anyway, no i agree what he did was wrong. But, for how far he thinks he can take it, is too far. And he's really just wasting the judicial systems time. Every time i see petty cases like this come into court, nothing ever happens. It's usually only filed to scare the Def. And in this case, Nick, knows and is scared and plans on making it right today(it least that's what he told me)

But i agree, Nick should face the consequences on here. Ban and put in the black book.
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Old 01-06-2012, 08:10 AM   #239 (permalink)
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Old 01-06-2012, 08:12 AM   #240 (permalink)
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his name is Anthony Munchies?!?!?! Well that's awesome

Fixed it!!! LOL...Well the other day on another forum he changed his username..Thought that was odd at the time,But it all makes sense now..He was also banned on that site. BTW he signed up as uncleFester..and I agree,But thats a shamefull hill to climb, Will he Make it??? .As far as the court system,Have you actually watched Judge Judy? Good lord, is that real??
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Old 01-06-2012, 08:17 AM   #241 (permalink)
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First of all:

He should be banned, NOT inactive.


Second of all:

Contact his parents, and show them your evidence. I'm sure it would be handled appropriately.

This court talk is freakin stupid.
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Old 01-06-2012, 08:23 AM   #242 (permalink)
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I think the point is no DA will take this to trail via the criminal courts. A civil case is the only way Munchies will get him in court. And more than likely papiis01 won't show up and Munchies would win a summary judgement. Then he'd have to figure out how to collect from what I am guessing is an unemployed teenager.
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Old 01-06-2012, 08:25 AM   #243 (permalink)
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his name is Anthony Munchies?!?!?! Well that's awesome

Fixed it!!! LOL...Well the other day on another forum he changed his username..Thought that was odd at the time,But it all makes sense now..He was also banned on that site. BTW he signed up as uncleFester..and I agree,But thats a shamefull hill to climb, Will he Make it??? .As far as the court system,Have you actually watched Judge Judy? Good lord, is that real??
damn it, that would have been awesome.

Mmm didn't know that, yeah that's messed up.

Well, that Judge Judy bull is real and fake in a sense. She's a retired judge. She's basically an arbitrator right now. The parties agree to drop the legal claims and the get paid for appearing on the show

so, yeah
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Old 01-06-2012, 08:35 AM   #244 (permalink)
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First of all:

He should be banned, NOT inactive.


Second of all:

Contact his parents, and show them your evidence. I'm sure it would be handled appropriately.

This court talk is freakin stupid.
I think he needs a Spankin!!!!!
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Old 01-06-2012, 08:37 AM   #245 (permalink)
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first, i know many of you are hesitant to believe this. To you, i am truly sorry.

I never, never wanted to out papiis01 as i hope you can tell by my previous thread and this post:



I would never post this except i had no choice. Some of you would never believe munchies since it is his first post. Hopefully some people from fcb can also attest to his veracity.

Hopefully papii01 will offer an apology and give his word that he will harass the real munchies no longer.

nm. Im keepin it real

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Old 01-06-2012, 08:40 AM   #246 (permalink)
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Will Beckett do a reprint of his super collection NOW????? Inquiring minds want to know!!
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Old 01-06-2012, 08:45 AM   #247 (permalink)
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I think its funny that this gimpy kid(houdini) thinks he "makes" fun of me". The only thing he does is flap his gums like a woman. The fact that I dont get into verbal altercations doesnt mean I "bow down". I am not an internet tough guy. I leave that on the streets. . you REALLY need to think about what you post when ALL of your information is out there for anyone to see.... lotta scumbags out there.... just sayin
what on earth are you referring to?
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Old 01-06-2012, 09:01 AM   #248 (permalink)
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Ok, show of hands

who thinks munchies guy is taking it a little too far and expecting way too much? Just curious what everyone else thinks.
I especially like this line from the OP "Hes like Bernie Madoff, he Madoff with cards paying pennies on the dollar." I got a good chuckle from that.

After burning through my entire prep period reading this thread, I now feel compelled to post something. I would just like to preface this by saying I have no feelings either way towards either member.

I agree that Nick was douchy in this instance, but he's a kid. Did he do wrong? Sure. Did he violate eBay TOS? Absolutely. Is he going to jail for this? No. I don't really understand what you are going to gain from suing him? It doesn't appear to me that there was a monetary loss here. The guy in Germany can take him to small claims over $45.32? Suing for False Impersonation online seems to have a lot of Gray Area and is a relatively new concept. Especially when you consider that a countersuit could be filed for libel and harassment (could even be bullying laws because he is a minor. Anti-Bullying laws are currently all the rage in MA) I think you should just live and let live.... and use COMC instead of the bay! This site has a bunch of pending cases dealing with social media networks/online issues Social Media Law News

I just think all of this legal talk is silly over a shilled eBay auction. The kid got banned (or inactivated) from a site he loves (10,000 + posts and 666 itrader tells me that) and had his rep ruined and will probably no longer be able to trade with any of us. Hell, I didn't particularly like dealing with the kid but I took it with a grain of salt that he was just that... a KID

He made a mistake. He is a high schooler. I teach high schoolers every day. If they went to jail (or got sued) for all the times I see Verbal Assault in the building we would lose 50% of our population instantly. Sure, they are violating the law calling me whatever they want but do I really have a leg to stand on legally if anybody were to pursue that? No. Just like a couple of NPBs with a similar eBay ID isn't going to get anyone sent to prison or sued. If we sent NPB's to the Justice System, the system would be inundated.

Munchie, you seem like a good guy who was done wrong by this kid and I think (hope) he learns a valuable lesson about the power of having a good reputation. He also probably helped you out by saving you the money. You will be able to buy his collection (or any other cards of his) for a fraction of the price when he is playing Arena Football next year.

Nick on the other hand probably won't learn the lesson until down the road when people shy away from doing business with him because of the perception that he is unscrupulous.

With that being said, Welcome to the Forums!
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Old 01-06-2012, 09:12 AM   #249 (permalink)
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WOW.....should have read the WHOLE thread 1st. nevermind...nothing to see here.
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Old 01-06-2012, 09:14 AM   #250 (permalink)
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For the record, I have no dog in this fight, and what Nick did was very wrong.


But kudos to you for taking legal action against a High Schooler over cardboard with some dudes jock strap on it. I hope it turns out well for you.. Or you get laughed out of court. Either way works for me.

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Turn the cards into Wine and get drunk Forgive me Dear Lord for saying that
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