From: "Peter Galbavy" <peter.galbavy@knowtion.net> Date: Thu, 26 Jun 2003 12:36:02 +0100 Sender: owner-nanog@merit.edu
Paul Vixie wrote:
consider microsoft-yahoo-aol's big fad of the moment which is suing spammers and blaming asia. the number one (#1) contributor to spam
And then: http://news.bbc.co.uk/1/hi/business/3020566.stm
Not in that report, but on TV last night a M$ spokedroid was quoted as saying something like "... if Mr. Grainger offers definative proof he is innocent, we will drop the action."
Erm, I thought that both the US and the UK subscribed to a doctrine of burden-of-proof on the accuser ?
You confuse civil and criminal law. In criminal law the accused is considered innocent until proven guilty (unless he's someone you don't like or member of a group or class you don't like). Conviction requires proof beyond a reasonable doubt. In civil law the only requirement to sue is that you legally exist. (Both people and corporations may sue.) It's not even clear that the party being sued has to legally exist. (God has been sued.) Of course, many suits are immediately dismissed for lacking merit. But, if you can present any real indication that you have been wrongs, you can sue. Even if the defendant can present clear proof that he is not guilty, he must present it in court. So they actually are showing a bit of flexibility by saying that they will drop the suit if they are given evidence. Also, civil suites don't require a heavy burden of proof. Instead of "beyond a reasonable doubt", they only require a "preponderance of evidence". Even if you think the accusation is clearly unfounded, you can lose if you don't waste the time to show up and present evidence that the case is unfounded. This is true in the US (except, possibly, in Louisiana) where British common law is the basis of the system. Louisiana law is based on the Napoleonic Code and is supposed to be very different, but I can't say for sure. I assume that the UK has similar common law since ours come from there. (IANAL, I just play one on the net.) -- R. Kevin Oberman E-mail: oberman@es.net Phone: +1 510 486-8634