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  1. #1
    Phrost's Avatar
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    Jun 1998
    Location
    Cow Town
    Posts
    19,137
    --
    Hell yeah! Hell no!
    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?

  2. #2

    Join Date
    Aug 2002
    Posts
    7
    --
    Hell yeah! Hell no!
    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).

  3. #3
    Phrost's Avatar
    Join Date
    Jun 1998
    Location
    Cow Town
    Posts
    19,137
    --
    Hell yeah! Hell no!
    Honestly I haven't invested that much time in the issue, and really didn't intend to.

    Thanks for the link.

  4. #4

    Join Date
    May 2002
    Location
    England
    Posts
    4,684
    --
    Hell yeah! Hell no!
    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.
    "Training = pain." - I said that.

    PizDoff when drunk: "I'm actually MOST pissed that my target for the evening got drink...then I gave her my Bullshido Canada hoodie like a gentleman because she was outside with not much on...did I mention she barfed twice when I got our jackets...steaming barf is kinda fascinating..." - PizDoff.

  5. #5

    Join Date
    Aug 2002
    Posts
    54
    --
    Hell yeah! Hell no!
    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

  6. #6

    Join Date
    Aug 2002
    Location
    New York
    Posts
    146
    --
    Hell yeah! Hell no!
    Tools - I like your conclusion, but when the hell are you going to fix your name ?

  7. #7

    Join Date
    May 2002
    Location
    England
    Posts
    4,684
    --
    Hell yeah! Hell no!
    Agree Tool, looks suspicious.

    Have a friend from Zimbabwe.

    ^ SD means Your name should be "You're All Tools". ;)
    "Training = pain." - I said that.

    PizDoff when drunk: "I'm actually MOST pissed that my target for the evening got drink...then I gave her my Bullshido Canada hoodie like a gentleman because she was outside with not much on...did I mention she barfed twice when I got our jackets...steaming barf is kinda fascinating..." - PizDoff.

  8. #8

    Join Date
    Aug 2002
    Posts
    54
    --
    Hell yeah! Hell no!
    I know that but it's to late now, so it remains:

    Your All Tools

  9. #9

    Join Date
    Jul 2002
    Location
    Sunny Hawaii
    Posts
    4,972
    --
    Hell yeah! Hell no!
    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
    Kungfoolss, Scourge of the theory-based stylists, Most Feared man at Bullshido.com, and the Preeminent Force in the martial arts political arena

  10. #10

    Join Date
    Aug 2002
    Posts
    44
    --
    Hell yeah! Hell no!
    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!

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