On Thu, 2009-03-26 at 12:18 -0700, Kerim Aydin wrote: > I firmly believe that the publication of a false fact is inherently > misleading. If it is done purposefully, it is purposefully misleading. > > I do see your argument. What you claim is that you published a document, > and that it's not your fault that the document happens to be wrong, and > you didn't say "I hereby assert that this document is correct." But > that's generally a "washing your hands" mockery of causality, and, as > a judge, I wouldn't allow that as an escape clause. E.g. I would say > that if you publish a document claiming X, it's the same as you claiming X, > just the way that if you publish a document claiming "I act", it's the > same as you acting. You can't have one part of ISID work without the > other.
The actual loophole appears to be that comex's claims were so ridiculous that no reasonable person would believe them, and therefore they were not intentionally misleading (as nobody would be mislead into believing them). -- ais523
