Defamation

[Arthur Rubin]

The Bennison thread reminded me:

There are a number of defamatory "posts" and web pages about me in regard my actions on Wikipedia. Posters include Ilena Rosenthal (probably no longer online for other reasons, but may be on archive.org), Carl Hewitt, Alex Jones (!), and a pair of YouTube videos from someone whom I haven't attempt to track down his real name, although I could probably locate his IP address from (public) Wikipedia logs. (I posted a takedown request with YouTube for defamation, but they seem to have ignored it.)

Now, in most cases, I would have to say that I wouldn't want to be associated with anyone who believed the statements, but I've been unemployed for a while, and it doesn't seem impossible that those posts might have been a factor. Carl, in particular, appears to work in a field which covers some of the material as one I've worked in, even though we both disagree that we've worked in the same field.

Probably best to clear out my Inbox here for private replies, unless you have something generic to say. These posters differ from Bennison in that some have money, and some have a significant following.

As no one would admit that an Internet post was a factor in determining I was not a suitable employee, it would be impossible to prove actual damages.

[wserra]

it would be impossible to prove actual damages.

Unfortunately, Arthur, you should probably re-read that a few times.

I've actually been working in that field recently. Feel free to point out the sort of thing that concerns you, either here or in a PM.

[Judge Roy Bean]

Other things, from personal experience, that hinder obtaining a new position: Age and health.

Particularly in large entities that, from a health care basis, are "self insured."

[Arthur Rubin]

Other things, from personal experience, that hinder obtaining a new position: Age and health.

Particularly in large entities that, from a health care basis, are "self insured."

In theory, age discrimination (against ages over 40) is illegal in the US. Here, some have been able to collect damages, but I have no idea how damages can be proved except in rare cases where there is a policy document violating the law.

[Arthur Rubin]

it would be impossible to prove actual damages.

Unfortunately, Arthur, you should probably re-read that a few times.

I've actually been working in that field recently. Feel free to point out the sort of thing that concerns you, either here or in a PM.

As I don't see how age discrimination in employment is proved, perhaps I overrated "impossible" to prove. However,

Indications that a person was involved in behavior incompatible with the proper conduct of his business, trade or profession.

is one of the categories of defamation per se. Some of Carl's statements seem to fit in that category. He not only says I am incompetent as a mathematician (probably a protected opinion), he says my statements on Wikipedia (about his work, and his statements about the Godel incompleteness theorems) are inconsistent (it's a long story, but that word relates to the accusations) with the proper actions of a professional mathematician.

[Number Six]

Sorry you are having those aggravating mudslingers harass you Arthur. There are usually more than just one way to skin a cat. Look at all angles legally. Anyway most people usually (eventually) reap what they've sown.

Not sure this is relevant but the web hoster for Memory Hole blog finally pulled their account for copyright infringements. Strange that doesn't work for the porn sites.

[ForumWars]

Defamation cases can be complex and, above all, costly. Quotes for a claim against a private blogger from a so-called "consumer forum" ran into the tens of thousands. This should put it into perspective, it didn't involve a celebrity and a national newspaper. There are also cases where only nominal damages are awarded.

Unless you can really show actual damages and get costs awarded in your favour, in most cases what you'd want is to get the offending content taken down, if not by the authors, by the companies hosting the sites. You may need to make a case that the content violates their T&Cs and quote their own T&Cs back to them. Years ago, a blog was hosted in the US and the "affected party" kept submitting DMCA complaints. A total misuse of that law, since the site did not offer any copyrighted content, it was no more than the logo of a non-entity within a PDF attachment. The blogger duly submitted counter notifications and that worked fine, till another author got heavy with his posts and then the "affected party" complained about T&Cs breaches. That did the trick, at least with the US hosts.