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#342425 - 07/09/08 04:48 PM
How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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I'm thinking of setting up a tip line on my blog where people can send me in tips to post. I don't care who hooks on the side and I don't care who has sex with trannies. I also don't want to hurt the porn girls. I mostly want to talk about the corruption and the shitholes in porn. Can I do blind items where I say everything else but their names? Or just say allegedly with a disclaimer blaming any false reporting on whoever sent me in the tip? I'm an outsider and know no one in porn and will probably never have a chance to. But I want to post things that no one else is blogging about instead of always getting it from someone else. Thanks for any recommendations! 
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#342426 - 07/09/08 04:57 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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The main thing to remember is that, under New York Times Co. v. Sullivan, a plaintiff has to prove actual malice. In most jurisdictions, a plaintiff has to also demonstrate actual damages. In the Porn world, most people's reputations are so piss poor that they are incapable of being legally defamed. YMMV.
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#342427 - 07/09/08 05:01 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
The main thing to remember is that, under New York Times Co. v. Sullivan, a plaintiff has to prove actual malice. In most jurisdictions, a plaintiff has to also demonstrate actual damages. In the Porn world, most people's reputations are so piss poor that they are incapable of being legally defamed. YMMV.
Wasn't Luke Ford sued so many times? I thought I heard that. But didn't he need to hire lawyers though?
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#342429 - 07/09/08 05:04 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Yes, but with Luke's cases (IIRC) the things he posted were soooooo egregious that even a porner's rep could be damaged. Like claiming someone fucked a dog. I can't imagine you going there.
EDIT Holly knows best. I also think he settled some of them, no?
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#342430 - 07/09/08 05:08 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Quote:
Quote:
The main thing to remember is that, under New York Times Co. v. Sullivan, a plaintiff has to prove actual malice. In most jurisdictions, a plaintiff has to also demonstrate actual damages. In the Porn world, most people's reputations are so piss poor that they are incapable of being legally defamed. YMMV.
Wasn't Luke Ford sued so many times? I thought I heard that. But didn't he need to hire lawyers though?
He ignored all the lawsuits. You can't sue someone who has absolutely no assets or money.
So by just ignoring a lawsuit and making pretend it doesn't exist, then whoever sues me will get bored and drop it? Fascinating! 
Oh, if I don't host my blog myself and don't have a domain, then there is no way of them forcing Wordpress.com to hand over personal contact information about me right. Is there any other way of finding out who I am and where to mail me a lawsuit then like a federal court order or something?
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#342431 - 07/09/08 05:10 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
EDIT Holly knows best. I also think he settled some of them, no?
So he was sued? 
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#342432 - 07/09/08 05:19 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Quote:
Oh, if I don't host my blog myself and don't have a domain, then there is no way of them forcing Wordpress.com to hand over personal contact information about me right. Is there any other way of finding out who I am and where to mail me a lawsuit then like a federal court order or something?
Never heard of a subpoena?
Truth is an absolute defense in a libel suit. If you know it's true, they can't touch you despite their huffing and puffing. If it's a rumor, then clearly identify it as such.
Here's a thread that should help clarify things...
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#342434 - 07/09/08 05:32 PM
Re: How can I not get sued?
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Porn Jesus
Registered: 09/07/05
Posts: 14160
Loc: NYC
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Ey pah-lez. Most porn chickies can't even afford lawyers and a lawyer you do privates with doesn't count. Besides, once they've hit it and quit it a few times, no more freebies roll in. Suing someone also takes follow-up and organized paperwork. These broads can't even find their aim test in their glove compartment and god forbid a court appearance is involved. That would mean waking up on a day off before Living Lohan comes on.
SO, GO FOR IT!!!!!!!
_________________________
"What I do know is that if Karen Carpenter and Mama Cass Elliot had shared that sandwich they'd both be alive today." -Michael K
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#342435 - 07/09/08 05:37 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Quote:
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Paperchase, so if I said how Vivid COO Bill Asher rapes his contract girls, one even leaving the business because of it, I can't get sued?
Edited by Darrah (07/09/08 05:38 PM)
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#342436 - 07/09/08 05:40 PM
Re: How can I not get sued?
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Porn Jesus
Registered: 09/07/05
Posts: 14160
Loc: NYC
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Oh. She's got a point. I wish Smiling Arab were still on board. He's actually a real lawyer.
_________________________
"What I do know is that if Karen Carpenter and Mama Cass Elliot had shared that sandwich they'd both be alive today." -Michael K
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#342437 - 07/09/08 05:41 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Ey pah-lez. Most porn chickies can't even afford lawyers and a lawyer you do privates with doesn't count. Besides, once they've hit it and quit it a few times, no more freebies roll in. Suing someone also takes follow-up and organized paperwork. These broads can't even find their aim test in their glove compartment and god forbid a court appearance is involved. That would mean waking up on a day off before Living Lohan comes on.
SO, GO FOR IT!!!!!!!
I'm not talking about the girls. I don't want to hurt them. Well except Jenna Jameson.  I'm talking about the powers that be and the suitcase pimps. If a porn girl is involved, I'll leave out her name.
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#342438 - 07/09/08 05:43 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Oh. She's got a point. I wish Smiling Arab were still on board. He's actually a real lawyer.
How about if I said the co-head of a very well known studio rapes his girls which resulted in one of them leaving porn for good?
Oh, but didn't she go to the police? So there's a paper trail which is public information. Unless he paid his pals at the LAPD to cover it up.
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#342441 - 07/09/08 06:11 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Quote:
Do you have a Google Ad-Sense account to monetize your blog?
No I don't. We can't have ads of any kind on our free blogs at Wordpress.com. First they say it's a security issue with javascript but they themselves runs Google adsense on every non-adult blog to make money. So the javascript issue is BS. The head of Wordpress is a 22-year-old ass. 
But if we get 500,000 hits a month, we can apply for VIP hosting. But it costs hundreds of dollars a month. If I knew how to host my site myself, I would. But I don't and that's why I stay at the free blogs. And Blogger has lots of problems.
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#342442 - 07/09/08 06:14 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Thank goodness for LLC's
I own nothing in my name and am taken well care of by my business entity (of which I control 100% of the stock).
You're a pornographer right? So don't you have to sign all legal documents with your legal name? No website either or domain?
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#342444 - 07/09/08 06:50 PM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
But check with a member of the Cali bar first. 
You're a wealth of information.   So pretty much I can say what I want to a point but be careful if the person, Bill Asher, has money. But more than likely they won't actually do anything because it's just more bad press.
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#342446 - 07/09/08 07:42 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Quote:
In the Porn world, most people's reputations are so piss poor that they are incapable of being legally defamed.
Quite an interesting statement......so in essence whereas a company like lets say "Coke-Cola" would want positive press and spin.....
Shitbirds it adult actually want themself’s to be known as the bad ass......truly fascinating....unbelievable but without a doubt fascinating.
Welcome to bizarro land …..
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#342447 - 07/09/08 07:46 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Quote:
He ignored all the lawsuits. You can't sue someone who has absolutely no assets or money.
Holly hits its out of the park!
As the old quote goes...You Can't Get Blood From a Turnip
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#342448 - 07/09/08 08:00 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Quote:
Oh, if I don't host my blog myself and don't have a domain, then there is no way of them forcing Wordpress.com to hand over personal contact information about me right. Is there any other way of finding out who I am and where to mail me a lawsuit then like a federal court order or something?
They will probably utter the words....enemy combatant and use a certain little known law known called the USA PATRIOT Act on you to obtain all of the necessary details on your current coordinates using your IP address to triangulate your current fixed location.
But then again I may have watched Enemy of the state a few too many times.
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#342449 - 07/09/08 08:04 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Quote:
Quite an interesting statement......so in essence whereas a company like lets say "Coke-Cola" would want positive press and spin.....
Shitbirds it adult actually want themself’s to be known as the bad ass......truly fascinating....unbelievable but without a doubt fascinating.
Welcome to bizarro land …..
No. What I'm saying is that in order to prevail in a suit they'd have to demonstrate how their reps were damaged. Demonstrating to a jury of average folks how a porner's reputation could get any worse is tricky unless you pull a Luke and allege that they fucked a dog. Or accuse someone of Rape without a Police Report or a person willing to go on record saying that it happened to them.
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#342450 - 07/09/08 08:12 PM
Re: How can I not get sued?
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Porn Jesus
Registered: 01/30/08
Posts: 7602
Loc: a site known for its tolerance...
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that pitcher-chugging avatar is giving me a boner...
_________________________
"I'll never forget the moment during the lovely Alyssa Allure's scene in 'American Bukkake' where the fellow got out of his wheel chair to ejaculate on her face. It was grotesque but had a certain frisson." -Sock
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#342451 - 07/09/08 08:18 PM
Re: How can I not get sued?
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AC Cream Wannabe
Registered: 01/01/06
Posts: 459
Loc: California
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Quote:
I'm thinking of setting up a tip line on my blog where people can send me in tips to post. I don't care who hooks on the side and I don't care who has sex with trannies. I also don't want to hurt the porn girls. I mostly want to talk about the corruption and the shitholes in porn.
Can I do blind items where I say everything else but their names? Or just say allegedly with a disclaimer blaming any false reporting on whoever sent me in the tip?
I'm an outsider and know no one in porn and will probably never have a chance to. But I want to post things that no one else is blogging about instead of always getting it from someone else.
Thanks for any recommendations!
Nothing can stop someone from filing a lawsuit against you especially in light of the type of your content. With that type of blog, just go a head assume you will be sued. So if you do not have a lawyer on retainer to check your posts you will probably have problems at some point. I would also suggest that you verify any story with 2 independent sources.
Paperchase's opinion is right on, but just be aware there's little you can do to prevent the suit, but are you judgment proof ? Most lawyers wont take a case unless we know we can collect. Sorry but thats just business. However, judgments can be enforced for 10 yrs, so if you ever get money or assets it can be seized through enforcement. Go ask OJ what happened with his book deal and the Goldmans.
To really get around getting being liable (at least in California) message board operators may not be responsible for the postings made by members. Those individual members will be. Remember to at least have a lawyer draft your Terms of Use, Privacy Policy and DMCA notice. Those can limit your liability but not completely.
Good luck...
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#342452 - 07/09/08 08:48 PM
Re: How can I not get sued?
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Gay For Pay
Registered: 03/07/06
Posts: 1059
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I can already tell by this thread that your blog will be a total failure so don't bother.
_________________________
Honestly, I don't know...I'm torn. We haven't talked since AVN (other than the hearing in February)- Eric on Bree Olson
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#342453 - 07/09/08 11:59 PM
Re: How can I not get sued?
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Whoremaster
Registered: 10/21/05
Posts: 2710
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3 Suggestions:
1) Just use a catch-all disclaimer like XPT has for the Monkey Cage, alleging that the content therein is satire, parody, or outright lies/fiction.
2) You could write your blog in the style of those douchebag insider columns they have in magazines like Movieline wherein they merely hint at the identity of the parties involved, or use cryptic nicknames. The only potential problem here is that people may misinterpret the artful vagueness and apply it to someone else...it's a little like cold reading in that regard. I read one of these columns and it gave me the impression that they were trying to say that George Clooney was hooking up with male crewmembers on the set of 'From Dusk Till Dawn'...only time will tell if it's true or not. Although the women he dates do tend to be classic beard material...
3) The Bill Asher/Stefani Morgan thing is done...she already spilled the beans over on ADT many, many moons ago. I really fail to see what exclusive you're going to have there.
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#342454 - 07/10/08 12:08 AM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
Thank you Pornlaw. 
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#342455 - 07/10/08 12:09 AM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
I can already tell by this thread that your blog will be a total failure so don't bother.
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#342456 - 07/10/08 12:10 AM
Re: How can I not get sued?
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Human Garbage
Registered: 07/07/08
Posts: 1621
Loc: Hell
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Quote:
3) The Bill Asher/Stefani Morgan thing is done...she already spilled the beans over on ADT many, many moons ago. I really fail to see what exclusive you're going to have there.
I was only using that case as an example. Thanks for all of the advice.
Edited by Darrah (07/10/08 01:27 AM)
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#342457 - 07/10/08 09:12 AM
Re: How can I not get sued?
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Chronic Masturbator
Registered: 03/29/08
Posts: 1991
Loc: colorado
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you could always do semi blind items from an anonymous point of view
theres a dude on myspace that blogs about industry dirt
i think his names the dirtsheet
ill look for it for you
and he posts some pretty incendiary shit too...
_________________________
"Should send her our way, XPT could REALLY get her warmed up for any kind of abuse she might get later. "- nugent
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#342458 - 07/10/08 06:53 PM
Re: How can I not get sued?
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Anonymous
Unregistered
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Quote:
No. What I'm saying is that in order to prevail in a suit they'd have to demonstrate how their reps were damaged. Demonstrating to a jury of average folks how a porner's reputation could get any worse is tricky unless you pull a Luke and allege that they fucked a dog. Or accuse someone of Rape without a Police Report or a person willing to go on record saying that it happened to them.
Well my point was entirely the other rail…understanding how a “legit” co would want to retain a semblance of integrity where is in the bizarre world of porn the more the more you lie, cheat and steal and act like you’re a bad ass the more street cred you get or earn….
For all we know there is someone somewhere photo shopping Kurt Lockwoods wood into some four legged beast of the animal kind……it will hit AdultFYI….he will speak of its authenticity for about a week….giving him much needed publicity and street cred (as in that mother fuckers crazy enough to fuck a dog). Whereas I previously stated that any reputable corporation who want to be around longer then Enron would want to steer clear of those types of allegations.
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#342459 - 04/11/10 02:42 PM
Re: How can I not get sued?
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Pervert
Registered: 11/01/09
Posts: 2141
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#342460 - 04/13/10 02:15 AM
Re: How can I not get sued?
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Rob Black's Crack Pipe
Registered: 02/28/06
Posts: 137
Loc: california
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Quote:
No. What I'm saying is that in order to prevail in a suit they'd have to demonstrate how their reps were damaged. Demonstrating to a jury of average folks how a porner's reputation could get any worse is tricky unless you pull a Luke and allege that they fucked a dog. Or accuse someone of Rape without a Police Report or a person willing to go on record saying that it happened to them.
Some defamatory statements are considered so bad, the plaintiff does not need to prove special damages (such as damages to one's business, profession or property). Accusations of loathsome crimes such as rape or child molestation would fit the bill. These type of statements are considered "defamation per se." See Cal. Civ. Code § 45a; Yow v. National Enquirer, Inc. 550 F.Supp.2d 1179, 1183 (E.D. Cal. 2008).
Also, I agree with Pornlaw that it is not a good idea to run around like a loose cannon publishing scandalous accusations willy nilly and ignoring lawsuits because you think you have no assets and are "judgment proof." In California a judgment is good for ten years and can easily be renewed. Plus, the defendant incurs interest at the legal rate which is 10% -- far more than your bank pays. Even if you are poor today, will you still be in the same circumstances 10 years from now? 20 years from now? Bankruptcy may be option, but you can't file Chapter 7 continuously either (assuming the circumstances permitted the debt to be discharged).
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#521936 - 06/24/11 02:04 PM
Re: How can I not get sued?
[Re: Darrah]
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@
Porn Jesus
Registered: 10/19/06
Posts: 9958
Loc: fortified
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tarapez that's old news d00d.... she has freaked out at least 3 times since then on twitter and i even heard she shaved her eyebrows off.
_________________________
i just lock, load, and regret. - jamesn
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#521938 - 06/24/11 02:40 PM
Re: How can I not get sued?
[Re: Darrah]
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Porn Jesus
Registered: 04/14/06
Posts: 14755
Loc: Busy downloading [LEGALLY!]
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She's likely freaked out 3 times in between your post and mine.
That's how she rolls.
_________________________
Amo i Gemelli!! 
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#521939 - 06/24/11 02:42 PM
Re: How can I not get sued?
[Re: Darrah]
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Porn Jesus
Registered: 04/14/06
Posts: 14755
Loc: Busy downloading [LEGALLY!]
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In all fairness, who would have guessed when she started this thread like THREE YEARS ago, she'd even still be around?
_________________________
Amo i Gemelli!!
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#521942 - 06/24/11 03:35 PM
Re: How can I not get sued?
[Re: Darrah]
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@
Porn Jesus
Registered: 10/19/06
Posts: 9958
Loc: fortified
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true story fatman... way to go Darrah. :whitetrash:
_________________________
i just lock, load, and regret. - jamesn
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