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webfact

British caver says he approached by U.S., British lawyers over Musk's comments

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12 hours ago, webfact said:

Asked why he thought Musk would make such a comment about him, he said: "I don't know."

Probably because Musk was incensed that his 'expertise' should have been rejected. And because he isn't sufficiently mature to accept that and move on. 

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9 hours ago, DinoSabanovic said:

To me this stupid. How can someone say something negative about the company and workers that work there and get away with it? And when it is responded to that accusation, get all frustrated and threaten to take legal actions. Musk responded and that was normal human reaction. The thing "pedo" is a bit much but I do understand him. 

Yes, one thing took the other and was unfortunately blown up and out of proposition - my guess is that the balloon filled with emotional helium will soon run empty…..

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1 hour ago, JLCrab said:

Yes -- that was a Spell check hiccup. Jurisdiction. All I meant to say was that in California, given Mr. Unwsorth's statements on worldwide media, libel might not apply unless Mr. Unsworth can establish 'malice' in the legal sense.

However, as a few people have said, if Unsworth were to choose to sue Musk in England, the law is quite different.

 

Under English defamation law, a person can sue for libel over any published statements which would cause a reasonable person to think worse of them. In England, a defamatory statement is presumed to be false, unless the defendant can prove its truth. A private individual (as distinct  from a public official or public figure) must only prove the defendant did not exercise due care, to collect compensatory damages. It is only in order to collect punitive damages, that private individuals must prove actual malice.

 

http://www.legislation.gov.uk/ukpga/2013/26/contents/enacted

 

Also, a lot of people are making a false equivalence between Unsworth's and Musk's statements. Unsworth said something about the mini submarine which may or may not be true and is almost certainly allowable under the 'fair comment' section of English defamation law (i.e. the statement was a view that a reasonable person could have held). He also made another statement that while it was both rude and something quite a few people would consider offensive, would be unlikely to fall afoul of the defamation law in either the US or England, as far as I can tell. 

 

On the other hand, Musk's statements implying that Unsworth is a paedophile and that he would bet money on this being true are personally defamatory and I think could very easily be used as a basis for a libel lawsuit in England.

 

Edit: I am not suggesting that Unsworth should sue, just that he would be more easily able to do so under English Law which puts the burden of proof on the defendant.

 

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31 minutes ago, GroveHillWanderer said:

<snip>

Edit: I am not suggesting that Unsworth should sue, just that he would be more easily able to do so under English Law which puts the burden of proof on the defendant.

 

Sure but collecting on a UK judgment might not be so easy.

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28 minutes ago, JLCrab said:

Sure but collecting on a UK judgment might not be so easy.

Should be pretty easy as they sell both Tesla cars and Tesla parts in the UK - from a Muddy Cave in Thailand on a motorbike to a free Tesla Model S Ridiculous P100D and a trunk full of New spareparts could be something in exchange especially if we add a lifetime of free charging...:whistling:

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3 minutes ago, ttrd said:

Should be pretty easy as they sell both Tesla cars and Tesla parts in the UK - from a Muddy Cave in Thailand on a motorbike to a free Tesla Model S Ridiculous P100D and a trunk full of New spareparts could be something in exchange...:whistling:

A  judgment -- if any -- would be against Mr. Musk personally and not against Tesla, or SpaceX or any other corporration controlled in part by Mr. Musk

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1 minute ago, JLCrab said:

A  judgment -- if any -- would be against Mr. Musk personally and not against Tesla, or SpaceX or any other corporration controlled in part by Mr. Musk

Clearly as the day - My input was meant as a fun break to an otherwise dark setting...:smile:

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I rarely comment on Thai visa, and I believe in compassion and forgiveness, But here I feel like: Take him to the cleaners, his Ego got well out of control. This Guy served with a good heart for others, that is worth more than all Musk's Billions

 

 

 

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10 hours ago, kannot said:

Its  pretty clear to any sane person he isnt a paedophile his life wont be ruined it will be even more respected and even more so if  he  just lets it go

He will still be respected and certainly a lot richer too if he sues.

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9 minutes ago, Britannia said:

This Guy served with a good heart for others

 

 

 

That was the motive on both sides. The fog of war resulted in gross miscommunication.

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4 minutes ago, nchuckle said:

He will still be respected and certainly a lot richer too if he sues.

That is if he wins -- whether he sues or not, I would guess that the Musk legal team is in full gear preparing in case that he does.

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24 minutes ago, ttrd said:

Clearly as the day - My input was meant as a fun break to an otherwise dark setting...:smile:

Well OK but enough ridiculous stuff posted in here so I missed it. 

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