philmorris

Hey Doug, can you please stop this? I�ve only gone and knocked over the vase of flowers Farrari sent me, the water�s gummed up the first three pages of my draft writ and in my comical attempts to prevent this misfortune I pulled out half my stitches! I�m on nil by mouth and I�m supposed to be recuperating! Any one got a cream cake they�d like to chuck my way? :)

Prosecuting and defending civil lawsuits is what has put meat on my table for the last 25 years. Only in England though. I�m yet to find myself involved in a case in Massachusetts. Which is a bit of a pity. If ever it got off the ground, Pagnacco �v- Luminal Path would contain the kind of frivolous fresh air I haven't tasted professionally in a long time.

Brian�s post above deals with all the wrongdoings I believe Anna has alleged. The law does not concern itself with discrimination; only unlawful discrimination, namely discrimination based upon grounds of race, sex, disability and the like. Her plea, disguised as discrimination is simply that she has been singled out. I seriously doubt that Anna will be able to frame a claim in discrimination in any one of the recognized grounds.

 

Regarding defamation I would point out that even if Anna had been accused of mate rating (which she hasn�t and I have no idea whether there may be a case for suggesting as much) I would argue such an accusation within the context of a members� club could never constitute an actionable defamation. The test is whether society at large would think poorly of Anna for mate rating not how such behaviour appears to PN subscribers. Indeed judging from comments, there are many many people here on PN who do not find that so scandalous. Put it this way, it is rather like the case of the club member accused of reporting his club to the police because they held an unlicensed striptease. Plainly not the done thing to grass up your own club. Within the club the club member is likely to be despised and ridiculed, but he has no grounds for bringing a claim in defamation even if he hadn�t reported the striptease to the police, because the law would find that right minded people would not hold such persons in contempt for bringing unlawful activities to the attention of the authorities. Anna would have to show that making favourable ratings of one�s friend�s photographs would horrify society at large.

 

On an aside and to demonstrate how Anna goes out of her way to create potential for harm, I was astonished that following Brian�s query concerning the professional capacity of whoever it was that wrote on Anna�s behalf (a person whose identity was not disclosed by Brian), it was Anna herself who announced the simple query as being an �insult� to a hitherto anonymous individual but who then proceeded to take the trouble to identify the writer as Monica Patti, a person duly enrolled with the Law Society of Padua, Italy.

 

Regarding contractual rights as has been pointed out, Anna�s subscription has expired. She is therefore reduced to a user whose fee for use has run out; to the status of a non-subscriber. Most legal systems approach contract on the basis of benefit and detriment (or consideration). Meaning for example, you give me your apple (my benefit) in return for which I will give you one dollar (my detriment) and vice versa of course. Any contractual rights to the facilities offered by the site are now unenforceable for want of sufficient consideration.

 

There is no need to run off incurring sizeable legal fees. It is one thing to allege and a completely different thing to prove. Far better to wait for the writ to hit the doormat. It will never happen. It has as much prospect of success as I might have if I were to allege that Michael Schumacher ran me over in Trafalgar Square yesterday morning.

 

All this is based upon my understanding of English Law. Whilst not identical to that in Massachusetts, I dare say that there are number of crossovers on principles.

Reading this thread I was overjoyed to figure I�d found a solution to the MLU problem I was experiencing with my SQA; where having fired a shot and advanced the frame, the mirror didn�t return until I fired off the �blacked out� frame and advanced a further frame forwards. So sick and tired did I get, that I gave up using MLU until I�d found the definitive answer to my difficulty. Thing is the contributions seem to suggest that I still haven�t found it. The method of returning the MLU lever BEFORE winding on to a new frame seems to be one limited to the GS1 and not the SQA. Would somebody like to set out in a step by step guide for dummies the correct procedure for MLU with the SQA? Thanks in advance.