Sunday, December 17, 2006

A Case Study of Internet Message Forum Defamation

What the heck is this all about?

The Moderator of the John Fogerty Forum should seriously learn to choose their words more carefully. / i.e.:

This entire statement as follows was issued and posted conspicuously at the top of both the General Discussions and Political Discussions sections publicly announcing the banning of "Larry the Duck":




Author
Comment
CCR Fan
Moderator
Posts: 49
(12/15/06 3:34 pm)



THE GREAT PURGE OF 06

Larry The Duck has been banned until further notice. Everyone should stop and think before verbally assaulting the moderator or anyone else involved with Concord.

The Political section of this forum is a PRIVILEGE not a right. I ADDED THIS SECTION AND I WILL REMOVE IT WHEN I CHOOSE.

Civility will be restored to this section of the site, or it will be REMOVED PERMANENTLY. You can take your bickering elsewhere.

And if that 'elsewhere' ends up being on the General section, where people actually discuss JCF...you will be BANNED PERMANENTLY.

I'VE HAD ENOUGH.

THE MODERATOR




That exact wording was and is not a fact. It was categorically false and
a total "misrepresentation" of the facts.


I have collected a few choice threads and comments taken from posts at the John Fogerty Forum.

This opening post here is designed as a primer explaining a situation that should have never happened on a music forum board -- especially on a board connected with such a fine fella as John Fogerty. I will keep this intro at the top of this blog for those who are wondering,
"What the heck is this all about?"

= = = = = = = = = = = = = =


Sunday, December 17, 2006

Here's the step-by-step scenario:

This is a step by step look at what can transpire when rules of message board etiquette are loosely written and rarely enforced by a self-appointed neophyte Moderator of a public message board.

But more importantly:

It also highlights how a Moderator’s words can defame members of a message board.

defamation is the communication of a statement that makes an express or implied factual claim that may harm the reputation of an individual.

The Moderator of the John Fogerty Forum should seriously learn to choose their words more carefully. /i.e.:

"Larry The Duck has been banned until further notice. Everyone should stop and think before verbally assaulting the moderator or anyone else involved with Concord."

That exact wording was and is not a fact. It was categorically false and a total "misrepresentation" of the facts.

The Moderator had wrongly accused "Larry the Duck" as somehow "verbally assaulting the Moderator", and someone "...else involved with Concord."

That left a false impression in the eyes of the forum members and other non-members of the public who may have surf into and visit the "open" Forum and wrongly assume that "Larry the Duck" somehow verbally assaulted the Moderator.

The Moderator should be placed on notice so as to understand that it is the "RIGHT" of an individual not to be portrayed in an untruthful and thereby defamatory manner in a public forum.

To show the series of events –

A Private Message was sent to the Moderator on 12/14/2006.

Nowhere in the Private Message (PM) could it be construed as "Larry the Duck" (verbally) "assaulting the moderator". The following points were directed to the Moderator:

1.) "Larry the Duck" requested the Moderator to take action to check-out forum member "NotWalkinBlind’s" ISP address to see if it was the same as another forum member posting under the screen name of "Sanzo".

2.) "NotWalkingBlind" had been stalking and harassing "Larry the Duck" for months, and in this latest incident "NotWalkingBlind" began falsely accusing and thereby abusing and harassing "Larry the Duck" as using "Sanzo" and an additional name of "Waltane" as a "sock-puppet" -- i.e.: alternate screen name.

3.) "Larry the Duck" also stated even if it proved not to be "NotWalkinBlind" using that screen name of "Sanzo", "Larry the Duck" requested of the Moderator to simply tell NWB to stop the harassment and abuse.

4.) In the event that the Moderator did not wish to get involved, Larry the Duck stated that he would set up a meeting with the appropriate people at Concord Music in Beverly Hills to see that these actions by NWB were stopped.

Following is a copy of the Private Message (PM) verbatim that was sent 12/14/2006 to the Moderator requesting attention:


20061214_NWB_Sanzo_Enough

Seasons Greetings... Is there any way that these posts can be checked to see if the ISPs are the same for both members. And even if they are not, can we have this harassment ended once and for all? Now I'm being made out to be "Sanzo" so Mister NotWalkinBlind can have a reason to make up some off the wall conspiracy that I'm somehow multi-screen personas. I personally think "Sanzo" is actually NWB, or someone who he has put up to it. This has gone onlong enough.

....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=567.topic&index=6
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=567.topic&index=7
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=567.topic&index=8
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=567.topic&index=9
.... AND ....
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=554.topic&index=4
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=554.topic&index=5
.... AND ....
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=156.topic&index=286
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=156.topic&index=287
....http://p104.ezboard.com/fjohnfogertyfrm7.showMessage?topicID=156.topic&index=288

In the event you are unable do anything about this, when I go to the dentist, I'll make sure to set up an appointment with the appropriate department head at Concord. They just so happen to be located in the building next door to where the office of our dentist is located on Wilshire Blvd here in LA....

Larry


(Since that time, those links have been erased from the forum.)

No return message had been received from the Moderator after the above Private Message (PM) had been sent.


Instead, on 12/15/2006:

This entire statement as follows was issued and posted conspicuously at the top of both the General Discussions and Political Discussions sections publicly announcing the banning of "Larry the Duck":


Author
Comment
CCR Fan
Moderator
Posts: 49
(12/15/06 3:34 pm)



THE GREAT PURGE OF 06

Larry The Duck has been banned until further notice. Everyone should stop and think before verbally assaulting the moderator or anyone else involved with Concord.

Ad homina ad homina ad homina ad homina (edited for brevity)



Note: That posting has since been removed from the forum.

As related to the Forum Ground rules:

No harassment or abuse is to be allowed with any other member and it is quite clear as posted in the General Discussion section:

"Any member found to be harassing, abusing, or picking fights with any other member of the forum (the Moderator included) will be allowed two warnings from the Moderator."


Since the Moderator erased all posts from the Political Discussions, there is no way to see the long, long time bickering and name calling by all the parties involved. Following is the stated reason for removal of the threads:

Author
Comment
CCR_Fan
Moderator
Posts: 54
(12/18/06 10:28 pm)
Reply


Re: #2 Guys...

I understand the frustration that comes with a wholesale cleanse, but there were literally thousands of posts - the majority of which were tainted with the cancer that needed to be cut out of this section. To have allowed you guys to cherry pick what you wanted would not only have been extremely time consuming (I have a job, you know), but a little nit-picky considering that I was nearly forced to ditch this section entirely.

The world is filled with things for you to talk about or rehash. Let's just discuss it in a way that will allow me to leave this section intact.



But let it be known:

The Moderator took no interest whatsoever in the Political Discussion page over the past 6 to 8 months.


Where it stands now:

It is in the best interest of all those involved, especially for the good name of John Fogerty and specifically for the Moderator that "THE GREAT PURGE OF 06" statement has now been removed from public display on John Fogerty’s Forum. Most likely when the Moderator received information from another Forum Member (who's name will remain private) pointing to the fact that there was a concern over the issue of defamation and that most likely caused the decision to remove it.

In all fairness:

It would have been fair for a statement to have replaced "THE GREAT PURGE OF 06" from CCR Fan (the moderator) with an apology for his/her erroneous accusation and poor choice of words that "Larry the Duck" (verbally) assaulted the moderator or any individual at Concord Music.

Although in reality:

Fairness is not in the cards when a forum is being Moderated by someone who posts such a childish and obnoxious comment such as what follows:

Author
Comment
CCR Fan
Moderator
Posts: 59
(12/28/06 6:25 pm)


Oh yeah...

Admin is the janitor, the cop, the mayor, the judge and sometimes even the forum doctor who tends to Warriors injured in battle - in other words, Nanny on steroids. Because he runs the forum and sets the rules Admin has the power to pull the plug on any Warrior who gets a little too frisky. Sometimes his efforts are appreciated, but like any authority figure he is also resented - especially by Jerk, Evil Clown, Enfant Provocateur, Ego, Rebel Without a Clue, Yuk Yuk, Troller, and other Warriors who would like to turn the forum into their personal playground.

CAUTION: Admin is the most powerful of all Warriors and drawing him into direct battle invites almost certain defeat.




That thread there and that comment alone underscores the collusive nature of what's transpiring with this present Moderator and a certain few individual members.


In closing:

It has now come to pass that even "Larry the Duck’s" spouse "Donna Just Watching" has now also been banned from observing the forum, with no reasons given.

All that can be said with these types of folks is.... Little minds truly think alike...

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