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for real.. he did it!
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gj Michelob
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
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 RE: for real.. he did it! (in reply to kudo)
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quote:
Public slander and defamation online is a crime....as one of my mentors has endured a time a degrading posts....has just won a law suit against the perpetrators .....great to see justice come due when it's deserved
Well, Technically, the Plaintiff (Ruben Diaz) did not "win" any lawsuit.
The document you shared appears to reflect the court's approval or ratification (Homologacion) of a "Settlement" (Transaccion) the Parties have entered into to amicably end a lawsuit.
And as we all know, Settlements of lawsuits are agreed to, not as an admission of guilt, but simply to avoid the costs and pains of extended litigation. Hence, a settlement is often the result of a belligerent plaintiff bullying a sensible defendant.
We don't know the extent and nature of the defamatory statements which were challenged by the Plaintiff (by Mr. Diaz) through the court proceedings, nor do we know the demands for damages he sought, which are then settled for the measly sum of fifty pesos.
Can you share more and accurate details?
Ps: Defamation is not a "Crime" but a civil "Tort". There is no police, DA, penalty or "time" (in Jail) involved. Only monetary damages and possible injunction for specific performance (to do or refrain from doing something).
Not before the Criminal Court, but the Civil Court of Malaga 
Ps.n 2.: in fact this could be an actionable tort committed by Mr Diaz:
"Dear ___,
I celebrate that a chapter is over with victory for me in the court of law (Spain) on a long law suit process against Juan Estrada for defamation regarding my person as well as Andalusian Guitars, Juan Estrada was a manager at “De Lucia Gestion S.L"
As it is not accurate.
_____________________________
gj Michelob
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REPORT THIS POST AS INAPPROPRIATE |
Date May 25 2014 13:53:07
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BarkellWH
Posts: 3458
Joined: Jul. 12 2009
From: Washington, DC
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RE: for real.. he did it! (in reply to kudo)
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quote:
let me correct you idiot, i am NOT cheering... i am just sharing this info.. because before i thought it was a joke, but it turned out to be serious
I missed your initial quotation mark, which is oddly placed above the statement you apparently were quoting rather than just before it, making it seem as if it were your statement. My apologies.
Still, I fail to see why you think it newsworthy on the Foro to post additional nonsense regarding someone who has turned off just about everyone here, unless your intent is to instigate argument and sow discord among members. That, by the way, is the definition of a troll.
Bill
_____________________________
And the end of the fight is a tombstone white,
With the name of the late deceased,
And the epitaph drear, "A fool lies here,
Who tried to hustle the East."
--Rudyard Kipling
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REPORT THIS POST AS INAPPROPRIATE |
Date May 26 2014 10:48:23
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gj Michelob
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
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RE: for real.. he did it! (and I ask... (in reply to kudo)
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Since you are quoting someone, and are earnest in keeping a safe distance from the ostentatiously conceited statement, which you properly relegated between (albeit elusive) quotation marks, may we ask who are you quoting, or where was this statement originally published?
In all fairness, Kudos, your syntax merges your introduction with the quoted statement(s). As such, you must admit, it is susceptible of the misinterpretation most of us took from your post.
Although this is your thread, and you may do as you wish, it is a good school of thought to apologize when your poorly articulated statement leads to undesirable conclusions.
It has happened to me, and not just once, and I always offered an apology, because if I state matters incorrectly, it is my fault the readers misinterpret them.
Finally, I am not sure whether you can speak and read Spanish. But if you do, it surprises me that, while posting this breaking news, you would not -as I did- help the readers appreciate the significance of the document (and I only have a rudimentary working knowledge of the language).
One final point, my instinctive reaction to your post was (and I am sure I speak for many here) that it was meant to chill ForoFlamenco's members' commentary regarding Ruben Diaz and his guitars. However, even without knowing the claims underlying the settlement the Parties reached here, I can easily infer that this dispute concerned the commercial exploitation of the name "Paco De Lucia" to endorse guitars made by two discrete makers, and not "disinterested" opinions published on a blog (as those the members post here). The nature of the statement (commercial denigration v. individual opinion) carries a lot of weight.
Hence, the final question. Since you indicate that the reported statements were written or uttered by an acquaintance of yours, would you be so kind to acquire and share more details so that we may frame the "victory" into the proper context?
Thank you.
_____________________________
gj Michelob
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REPORT THIS POST AS INAPPROPRIATE |
Date May 26 2014 16:05:56
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