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i just saw this and couldnt believe that he actually did it ! and so wanted to share from someone i know: " 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 the full court document: http://w w w. r d i a z . o r g/rdmagazine49-finalresolution.html 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” a society meant to manage Paco De Lucia’s official web site (www.pacodelucia,org) as well as their business of selling the now discontinued guitars made by Vicente Carrillo branded as “Paco de Lucia”
Mr. Estrada utterly violated of the law and as a result he loss in court.
Here I share the final court records in my favor regarding that law suit against him."
Kudo, you are not a rebel, you are an instigator. I'd love to sling some leather around with you if you'd let me. You're like that dude that cuts you off on the road then speeds off when you get out of your car. Trouble making big man behind your keyboard.
RE: for real.. he did it! (in reply to machopicasso)
quote:
Were they discontinued because Paco died, or were they discontinued long before?
Carrillo built those from 2006-2009 or so. Cannot see why that is relevant, but maybe you would need to read the forum posts that are relevant. Was Ruben slagging off Carrillo guitars?
Worse than disgusting. The initial comment beginning this thread is the work of a troll.
Bill
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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."
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"
Thanks GJ for the good legal beagle breakdown, the details and intent are important.
What I find truly disgusting, as others no doubt have, is dragging Paco de Lucia into a tawdry and bellicose argument. It is not even decent to cite Paco's name in this matter. I am also disgusted.
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
RE: for real.. he did it! (in reply to estebanana)
As I dwelled further on this aborted lawsuit, I was thinking that it would have been useful to have extended discovery (the part of the proceedings where the Parties exchange and submit evidence to support their claims and defenses). This would have forced a clear understanding of whether Paco de Lucia's endorsement was in fact real or "photoshopped".
Had this process gone a bit longer, I am sure the Estate of Paco de Lucia would also have "intervened" in the proceedings to protect the name of the Maestro.
Posts: 3497
Joined: Jul. 12 2009
From: Washington, DC
RE: for real.. he did it! (in reply to estebanana)
quote:
What I find truly disgusting, as others no doubt have, is dragging Paco de Lucia into a tawdry and bellicose argument. It is not even decent to cite Paco's name in this matter. I am also disgusted.
Agreed. What is truly disgusting, however, is the troll who posted the initial comment in this thread cheering what he wrongly perceived to be the plaintiff's "victory" ending the lawsuit.
Bill
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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."
Ps: Defamation is not a "Crime" but a civil "Tort".
Sometime unfortunatly diffamation, denigration, stalking or whatever degenerative behaviour from stupid peoples toward others on social network could lead to dramatic ending. When I hear at news that a teen's dead is due to harrassement from social network or diffamation in school, it makes me sad. When I think to these idiots that have nothing better to do in their life than go after a person to spoil his existence, I think that these morons deserve jail.
Btw, this comment has nothing to do with the present case. just to be clear.
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"The most important part of Flamenco is not in knowing how to interpret it. The higher art is in knowing how to listen." (Luis Agujetas)
Sometime unfortunatly diffamation, denigration, stalking or whatever degenerative behaviour from stupid peoples toward others on social network could lead to dramatic ending. When I hear at news that a teen's dead is due to harrassement from social network or diffamation in school, it makes me sad. When I think to these idiots that have nothing better to do in their life than go after a person to spoil his existence, I think that these morons deserve jail.
Btw, this comment has nothing to do with the present case. just to be clear.
Yes, your comment, Mezzo -agreeable as it may be- has nothing to do with the matter discussed here, which is a dispute between Merchants, of genuine commercial nature.
I was going to post a quite large reaction to this but I decided not to. All I can say about this that a really close friend of mine was involved in this against his will. I can confirm what Michelob says is correct and the case has been cancelled due to an agreement between the two parties and there is certainly no winner!
I think mr. D is not a honest person and I don´t like his way he does the marketing for these guitars. About the guitars itself you can like them or not it´s just the whole thing around it wich makes it quite disgusting If mr. D would show a little bit more respect towards other people and did´t act like his opinion is the only truth I even think he could make a decent living with these guitars and his guitarplaying. There are more people in Spain promoting these guitars(Cordoba) and he his a great player and a very nice guy who doesn´t seem to offend or attack anyone. In the end it´s all about making money and there are many guitarfactories that work the same way. It´s not my piece of cake and I really don´t like this agressive way of marketing but I guess it reflects perfectly the times we are living in
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."
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.
I think you are being too nice by apologizing for being misled by his sloppy punctuation. It changed the entire context and meaning of the post.
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
RE: for real.. he did it! (and I ask... (in reply to kudo)
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?
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