folks - matthew - sorry - just noticed I replied to this message twice. It's been a long day with the new york disaster. my appologies. regards joe On Tue, 11 Sep 2001, !Dr. Joe Baptista wrote:
On Wed, 12 Sep 2001, Matthew Poole wrote:
It is not slander and libel when you are reporting the truth. I have not embellished in any way, shape or form. The name Julian Angelo is known throughout CallPlus/Attica, not just within the team of people who deal with abuse of our network.
Julian Angelo causes so much aggravation for this company that malice is to be expected. He has been spoken to, by phone, by (now former) staff members, and totally refuses to accept that his actions are not acceptable and go against 'net good practice.
It's his business to do that. And still I stand by prudent business practice that it is wrong to "out" your own customer base. Also by violating your fiduciary contractual client relationship you have lost all hope of any legal action against him.
As a company it is not your business to report the "truth". Truth is more the realm of a trier of fact - i.e. a judge. It is obvious that your company and julian have differences of opinion - that however does not give you license to violate fundamental issues involved in the client relationship - i.e. his privacy and by default contributing to slander and libel actions.
As for a claim of malice. If indeed you feel he has acted maliciously then your options are to terminate the contract for just cause and in extreme condition you have the option to sue him. By publishing your companies opinions you have in fact acted maliciously yourselves therefore reducing any hope of ever effectively winning a judicial judgement for "malice" which would simply amount to a claim of damages.
Your company is in a position of trust in this matter. He is your client and as such prudent business practices apply.
An old collegue in NYC put's it eloquently - never point a finger when your being paid - just sue for damages.
Coupled with that is Julian's recent request that the discussion of his behaviour on this list in an earlier thread be purged from the archives, a request that is now laughable in the extreme.
I agree but thats not the issue. Nor does it have anything to do with your circumstance. If he feels slandered by conversations on this list he can sue it's operators. Now he can sue you and the list operators and might even make a good case for intent to malice and promote malice himself.
So I anticipate he's reading or will read this message of mine. I just pray he won't send me any of his nonsense. The last thing I need is religious diatribes.
regards joe
On Tue, 11 Sep 2001, !Dr. Joe Baptista wrote:
you should not be uttering this sort of spew on a public list - unless of course you consider libel and slander charges against yourself and your company to be a good thing.
your expressing a certain amount of planned malice - and that don't look right.
regards joe
On Tue, 11 Sep 2001, Matthew Poole wrote:
Gee, what a short period of reform. Following on from Messr Angelo's request that his "history" be removed from the archives of NZNOG, he's back again. With a vengance. i4free's abuse mailbox currently has about 26 e-mails in it, and at least 18 of them are regarding the latest spam campaign by NZ's most notorious e-mail figure. We're certainly looking forward to closing all his accounts. Again. NOT!
-- Joe Baptista The dot.GOD Registry, Limited The Executive Plaza, Suite 908 150 West 51st Street Tel: 1 (208) 330-4173 Manhattan Island NYC 10019 USA Fax: 1 (208) 293-9773 --------- To unsubscribe from nznog, send email to majordomo(a)list.waikato.ac.nz where the body of your message reads: unsubscribe nznog