BiscottiGelato

It'll be difficult, and not worth their money to sue anyone on an odd forum posting anything bad concerning any of their people, especially one with low traffic and little impact to HK in general. Given LYK's traffic and exposure, it'd probably be ruled that there's insufficient damage done to the 'victim' such it won't be sufficient to constitude libel/defamation.

Just what I think, and I'm no lawyer. But at this stage, I'd be more concerned with breach of privacy if LYK releases anything to them at this point. The max LYK can do is close down the thread and tell them that according to Canadian (probably HK too) law, no information can be released. They have to ask the court for an order to get the information, if they want to. They'll stop pursuing at that point for sure.

If anything, probably just a small division in their company or some secretary hired to scare forums in deleting negative (defaming or not who knows, might be the truth half the time anywyas?) posts. If LYK deleted that post it's exactly what they want to achieve. They'd have a lot better use of their time and money than to take any legal action whatsoever.

BiscottiGelato

原帖由 raima 於 2008-12-10 15:47 發表
i'm interested in knowing why do they want "2、收到本函7天之內：提供給我集團上傳或發表上述帶有侵權內容言論之公司/個人的註冊資料（名稱、聯絡方式等）、IP位元址等詳細資訊。"

and i wan to know what will happen ...

Nothing will, as I said in the post above this, they probably just want LYK to remove the posts. They probably won't bother revisiting and check-up again.

BiscottiGelato

原帖由 daimo 於 2008-12-10 16:00 發表
The argument isn't that about LYK defamed them.  It is about if LYK did the diligence to prevent it from happening.

Technically, they can sue for civil damages if they can prove that the issue causes ...

Don't think it is possible for LYK to do any due diligence to prevent it. but yes they can remove the infringing content upon request, which LYK did. I don't think even discuss/golden HK ever got sued. We are far from discuss/golden HK. Max is the poster get sued, if that's even possible in the first place.

[ 本帖最後由 BiscottiGelato 於 2008-12-10 17:47 編輯 ]

BiscottiGelato

原帖由 bbqfish 於 2008-12-10 17:46 發表
which post was it anyways? and which user?

Look at the Wiki link, it has the title of a copy of the infringing content. Correct me if I'm wrong, but something related to '10 crimes', etc.

BiscottiGelato

原帖由 bbqfish 於 2008-12-10 17:51 發表

says link removed.. content removed..

I meant in the wiki page, there's the TITLE of what it might be about... can't expect me to post a link to the content, which I think can still readily be found on google?

BiscottiGelato

原帖由 ACooperFan 於 2008-12-10 22:14 發表


agreed...and what happened to freedom of speech???  since we're in canada???  the Canadian Charter of Rights and Freedom??

Freedom of speech doesn't mean you can defam people. Where does that line draw? It's once again settled in court... Is that line going to be fair? Nope... The only other solution... 人類補完計畫 maybe... LOL.

If they really want the IP/idendity list, admin can just tell them that he is willing to co-operate under proper legal procedure, aka - they should go get a court order. Almost impossible that they can sue LYK, esp when they won't get benefit out of it. If they really wanna pursue the poster, if the idendity/IP is revealed under illegal ways (aka, infringing privacy), this evidence won't even stand in court probably.

That's why I say, delete post, tell them LYK will love to co-operate with legal enforcement if necassary if they do decide to pursue this via proper legal procedure.

BiscottiGelato

原帖由 mcjohnjohn 於 2008-12-10 22:34 發表
admin, 其實你大可以同佢地講你冇keep 呢一d information, 除非佢地出搜查令, 否則你都可以唔理佢地.

不過, 如果你想大義滅親既話, 又或者該機構比單生意你做既話, 你大可以將d account既IP address send比投訴人,  ...

LOL, China has privacy laws? Especially when it's the state that wants something? I am sure Canada has it's dark side, but comparing it to Chinese privacy law is a bit too far fetch maybe?

BiscottiGelato

原帖由 mcjohnjohn 於 2008-12-10 23:47 發表


Acutally, the case was NOT related to any privacy laws, it was related to business.
Since China's market is so large that YAHOO! could not miss the chance to develop its business in China, they hand ...

Well, for a case where the gov't want information from company that will trigger privacy issues.... then the same thing can't happen in Canada... at least not without infringing actual privacy law which will be enforced (how the court rules is another issue). Hence why I say comparing China to Canada is a bit far fetched...