raima

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 if lyk don't comply?

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.

daimo

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 actual damages (translated into a $ figure) and LYK didn't do the diligence to prevent it from happening.

(another point is that they can't sue LYK for NOT giving them the personal info)

It's a civil case, so local authorities won't be involved.

They win or not isn't the biggest issue (yet).  It's the lawyer's fees (and time) that will kill Admin.

of course, I doubt they will actually proceed into the court case.  too much $ for an oversea website.

[ 本帖最後由 daimo 於 2008-12-10 17:02 編輯 ]

akshea

收到本函7天之內 ar ma... Just tell them I haven't receved ur 函 mei duck law... =P

zoids

One thing for sure, if LYK submit my info. due to any problem without my own consent other than ordered by judge in Canadian Court.  I will absolutely sue admin and LYK.

goldie

我 googled 了一下，是和Wikipedia這項有關嗎？
http://zh.wikipedia.org/wiki/Talk:%E6%A5%8A%E5%8F%97%E6%88%90

Austin

原帖由 chunsh 於 2008-12-10 14:55 發表
ok, good

remember, not even the our real 相關執法部門 in our country have the right to request for personal information easily and without any doc from court

No, anyone has the right to request for the information.  It's LYK who do not have the right to release the information without the person's consent.

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 ]

bbqfish

which post was it anyways? and which user?