McDojo.com's First Legal Threat pt. II

**Phrost** · Posted On: 8/31/2002 11:10am

I was contacted again by Mr. Vince Sicari (Esq) and this time he was kind enough to put a disclaimer on his email that it was not for public dissemination.

I'm not exactly sure why he would expect us to respect his disclaimer when he choses to ignore the disclaimer we have on the FRONT PAGE OF THE WEBSITE, but in a gesture of good faith I am going to do so anyway.

However, here was my response to his email:

Defamation: Act of injuring another's reputation by any slanderous communication, written or oral; the wrong of maliciously injuring the good name of another; slander; detraction; calumny; aspersion

Slander: Law. Oral communication of false statements injurious to a person's reputation.

As said before in my previous email Mr. Sicari, if you can show me statements that were false, we'd be more than happy to address the situation. I do not feel this warrants a telephone exchange when a few simple links will do.

However, you need to understand that unless blatant lies were presented about your client, there is nothing we can do. All material on the website is presented as the opinions of the individual authors and as such it is more than protected by the first ammendment.

Also, please refrence Zeran vs. America Online wherein a subscriber to the service filed suit against the company charging that it was responsible for the removal of defamatory material and responsible for damages incurred. The United States 4th Circut Court of Appeals opinion in this case was partly as follows:

The relevant portion of § 230 states: "No provider or user of an

interactive computer service shall be treated as the publisher or

speaker of any information provided by another information content

provider." 47 U.S.C. § 230(c)(1).2 By its plain language, § 230 creates

a federal immunity to any cause of action that would make service

providers liable for information originating with a third- party user of

the service. Specifically, § 230 precludes courts from entertaining

claims that would place a computer service provider in a publisher's

role. Thus, lawsuits seeking to hold a service provider liable for its

exercise of a publisher's traditional editorial functions - - such as

deciding whether to publish, withdraw, postpone or alter content - -

are barred.

Again, if you provide me specifics, I'd be more than willing to see what we can do in this matter. But for some reason you seem unwilling to do so, and I can only suspect bad faith as the motive.

As I've said, twice now, I'm absolutely amiable to the idea of looking into this situation if they can provide me with specific information. However, they refuse to do so, instead chosing to assail me with legal bravado and threats; which to any rational person would give the impression that there's really no substance to his case.

Again, does anyone know what this guy is talking about?

**Hansson** · Posted On: 8/31/2002 2:51pm

http://www.mcdojo.com/topic.asp?TOPIC_ID=461&FORUM_ID=2&CAT_ID=8 &Topic_Title=Red+Headed+Freak+%2D+MIKE+MALANDR A&Forum_Title=McDojo+Discussion

Don't you know how to use the search function in your own forum? Search on the name given in the first letter (Malandra).

**Phrost** · Posted On: 8/31/2002 7:48pm

Honestly I haven't invested that much time in the issue, and really didn't intend to.

Thanks for the link.

**Blad3** · Posted On: 8/31/2002 7:54pm

I remember that post, maybe MrVS doesn't understand that it's user based, and thinks that this is more than just an opinion from a user.

**Your All Tools** · Posted On: 8/31/2002 8:18pm

What a coincidence that the "Friend" that defended Malandra was named Vince, who stated he grew up in NJ, moved to NY and now is back in NJ.

Let me take a guess at this one,

Malandra's friend Vince, lived in NJ, went to NY Law school, moved back to NJ.

Vince Sicari is located in NJ.

Does anyone else see a similarity?
Sicari stated that Malandra was directed to the site by a "Friend".

Could this "Vince" who posted be Malandra's Friend/Lawyer/Student?.....Hmmmmmmm

I was wondering if anyone else saw this similarity.

Please post your opinions.
Thank You

Your All Tools

**Sicilian Dragon** · Posted On: 8/31/2002 8:40pm

Tools - I like your conclusion, but when the hell are you going to fix your name ?

**Blad3** · Posted On: 8/31/2002 11:01pm

Agree Tool, looks suspicious.

Have a friend from Zimbabwe.

^ SD means Your name should be "You're All Tools". ;)

**Your All Tools** · Posted On: 8/31/2002 11:32pm

I know that but it's to late now, so it remains:

Your All Tools

**Kungfoolss** · Posted On: 9/01/2002 2:44am

Hmmm, this sounds similar to Frank Dux's lawsuit filed against the good folks at the Soldier Of Fortune magazine for exposing him as a martial arts fraud (also documented in the book, Stolen Valor).

"The truth is always the best weapon against the charge of slander." G. Gordon Liddy, former FBI special agent and prosecuting attorney

**RellBound** · Posted On: 9/01/2002 9:47am

Vince challenged the poster to fight Malaria. Poster very quickly agreed but raised the ante from $500 to $10,000. Sounds like the start of a verbal contract that Mr. Vince "I think I'm a Soprano" Sicarli replied with legal notice.
So either Mr. Malaria can't raise $10G's
OR
He knows he'd get beat down like the little Romo he is and went running to the law books to fight for him!

The Oldschool is here....and I'm going to Rell in a Randbasket!