Comment Re:Penalty of perjury (Score 1) 641
It's a good thought, but defamation wouldn't apply. Defamation as defined in any given legal dictionary, is:
"communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person."
This can be published (libel) or spoken (slander).
Defamation couldn't apply to the mp3 notice because the false communication was not with a third party. You couldn't sue me for slander if I told you that you were a pedophile. Only if I told your boss that you were a pedophile. Also your reputation has to be harmed by the lie. If I tell your boss that you are a pedophile (and you are not, in fact a pedophile- truth is an absolute defense to defamation), and he shrugs his shoulders, then no dice. If he fires you after I tell him and proceeds to tell the community so you can never get a job, well then we have defamation. The mislabled mp3 file didn't harm the recipient in any such manner.
Lying to a customer violates all sorts of Uniform Commercial Code provisions and other state laws. Obviously, I can't sell you a glass ring and claim it's a diamond. But the UCC generally doesn't apply to what are considered illegal dealings (such as copyright infringement). In other words, good luck trying to sue Jay and Silent Bob for selling you Oregano when they told you it was weed.
Hope this helps.
-FC
"communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person."
This can be published (libel) or spoken (slander).
Defamation couldn't apply to the mp3 notice because the false communication was not with a third party. You couldn't sue me for slander if I told you that you were a pedophile. Only if I told your boss that you were a pedophile. Also your reputation has to be harmed by the lie. If I tell your boss that you are a pedophile (and you are not, in fact a pedophile- truth is an absolute defense to defamation), and he shrugs his shoulders, then no dice. If he fires you after I tell him and proceeds to tell the community so you can never get a job, well then we have defamation. The mislabled mp3 file didn't harm the recipient in any such manner.
Lying to a customer violates all sorts of Uniform Commercial Code provisions and other state laws. Obviously, I can't sell you a glass ring and claim it's a diamond. But the UCC generally doesn't apply to what are considered illegal dealings (such as copyright infringement). In other words, good luck trying to sue Jay and Silent Bob for selling you Oregano when they told you it was weed.
Hope this helps.
-FC
