Hello,

--- Aaron Lynch <[EMAIL PROTECTED]> wrote:
> On 8/2/02 3:49 PM, Robert L Mathews mashed the following keys :
> 
> > At 8/2/02 12:47 PM, Ross Wm. Rader wrote:
> > 
> >> Statement of Defence & Counterclaim, re: DROC v. Tucows
> >> 
> >> http://comingsoon.tucows.com/DCC-FINAL.pdf
> > 
> > 
> > This is excellent news. Good going, guys.
> > 
> 
> Think we can get tech TV or someone to cover the hearings live?  It
> should
> only be about 5 mins long (if there is 'any' justice in the world),
> but it
> might be entertaining...

Of cases that get filed, probably 90% or more get settled out of court,
so probably this one won't ever get that far. I'm surprised that
Tucows' legal team allowed publication of the statement of claim and
defence online, as usually the best strategy is not to comment at all
on pending litigation (except the usual broad statements that one
believes that the claim has no merit, and one intends to vigorously
defend them). And indeed if there was ever any merit to the defamation
claims, further republication of the statements in the statement of
defence might "add fuel to the fire", and come back to haunt one in
either increased damages or less incentive to settle the matter out of
court. As far as I know (I'm not a lawyer), although the statement of
defence is a document in the public domain (i.e. anyone can go to the
courthouse to get a copy of it), the parties involved in the case (as
opposed to the media) aren't protected if they themselves republish
those documents elsewhere .

Sincerely,

George Kirikos
http://www.kirikos.com/

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