Saturday, August 11, 2007

Elements of a Libel Case

Under United States law, libel generally requires five key elements.

1. The plaintiff must prove that the information was published, (We Can Prove It!)

2. The defendant was directly or indirectly identified, (Got That One Covered Too!)

3. The remarks were defamatory towards the plaintiff's reputation,

4. The published information is false,

5. And that the defendant is at fault.

Contact Name: Yahoo! Custodian of Records
Online Service: Yahoo!
Online Service Address: 701 First Ave
Sunnyvale, California 94089
Phone Number: 408-349-3687
Fax Number: 408-349-7941

Let's get it on! Joey Dauben has either forgotten or doesn't want to admit he sent that. Here is their Custodian of Records information. We don't have nothing to hide.

Ali Akbar tries to be cute and runs his mouth, along with Joey, without even thinking of what they are publishing (and publishing don't always mean in print, according to case law)....

Here is what we think on this:

We don't have nothing to hide. Sure, Joey Dauben can deny it all he wants, and who knows, he may truly not remember doing it- but to blatantly accuse the Intruder of hacking his website (which if it did occur, would be a criminal offense)- but it didn't happen! We'll polygraph that any day of the week! Subpoena the chat log of joeydauben on Yahoo! August 3, 2007 between 730PM and 839PM, approximately would cover the conversation that took place. It was saved on the email (the segment where he identified Meissner as biggerissue thanBardwell.

We will go to court ANY day of the week, and walk out a winner, and you can take that to the bank.

As for Mr. Akbar's describing of Mr. Hoskins, calling him a psycho, etc, is totally libel and slanderous. Funny thing, he quoted verbatim what was in the threats sent to the michalmeissner.com website, which came from Michael Meissner himself, after he bragged to a Police Chief (whom he thought was his friend) that he was going to create false police reports against Hoskins. He then did what he said he was going to do. The 2nd go-around he got caught, red handed by 2 Police Officers at Kinkos, who with their camera phone recorded him in the act of sending more emails under the same screen name.

Same thing with what took place several weeks ago when Maggie Walker was being attacked.

We aren't after Ali Akbar or Joey Dauben, but if they want to republish false information which has never been confirmed, and is blatantly false, and harms the reputation of others, then we may have to seek civil action against them. This includes making the accusation that the Intruder hacked their website. Why don't you have Ali's mom draft a subpoena for your records if they aren't on your computer Joey..... You will see you have done a grave injustice to the Intruder, and made yet another false allegation.

The difference in what we are publishing on this blog versus what Michael Meissner is trying to get out, is that this information is public record, and has been witnessed to have occurred. The defamation of character is because of individuals knowledge of Meissner's own potential violations of the law.

Meissner has to fabricate his documents (and even brags when he does it). Not one document on the other site (michaelmeissner.com was fabricated).

The truth will come out, we will prevail, and be victorious. And you can take that to the bank.

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