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Old 05-15-2008, 12:13 AM
herdswoman herdswoman is offline
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Join Date: Feb 2001
Location: On the rev limiter at 150 beats per minute
Posts: 342
Exclamation Read the transcript...stick to the facts

My husband told me this nonsense was still going on....

For all of you still yammering about blocks, warranties, and how Scott's been done wrong, you may want to clarify what is actually going on this lawsuit. For those of you considering putting cash in DI's pocket to "help him out" with his legal expenses, you may want to consider that he is in court to attempt to untangle a web of his own weaving.

Please refer to the basis of the suit, found mid-paragraph 5 through paragraph six of the link posted on page one of this thread:

"Thereafter, from October 18, 2006 through November, 2006, Roberts posted a number of statements on the bulletin board pages of Internet sites related to automobile racing equipment, performance, and related subjects.
(Paragraph 6) As a result of these postings, Kauffman Racing filed a complaint in the Knox County Court of Common Pleas, alleging Robert's had injured the company's reputation and business by posting false and malicious statements on the Intranet. Kauffman Racing sought monetary damage from Roberts....."

Robert's defense, Paragraph 33:

"In his Brief to the Court, Roberts asserts, "There is no evidence he targeted Ohio residents or even targeted a business whose customers were limited to Ohio." Roberts adds, "he did not know Ohio residents would access the site." We find Roberts' arguement unconvincing....."

The majority opinion in Paragraph 34, which is pending appeal:

"Today, thanks to the accessibility of the Intranet, the barriers to generating publicity are slight, and the ethical standards regarding the acceptable levels of discourse have been lowered. As the ability to do harm has grown, so must the law's ability to protect the innocent."

Boldface and italics were added by me, for added focus on the issues.

In September of 2006, Tom & I journeyed to Maryland for the Cecil County event. Prior to this event, we had not heard of any of Scott Roberts' difficulties. However, we were told all about the circumstances and Scott Robert's anticipated response via the Internet, in great detail. All came about exactly as has been foretold to us, which indicates this was a planned smear campaign, deliberately designed to inflict as much damage to KRE's reputation as possible as a form of retribution. The postings by Scott Roberts in October, 2006 were not merely "blowing off steam" or wanting to alert the Pontiac community out of some sense of greater good, or to "protect others." His intent was self-serving, to extract his "pound of flesh".

The law regarding Internet postings of this nature is still in its developmental stages, and landmark cases are yet to be decided. The First Amendment does have its limits; and that is exactly the nature of this lawsuit. Those are issues to which Scott Roberts did not give thorough consideration, hence, he is now facing the Supreme Court of the State of Ohio by his own decision. He is the one who chose to pursue this suit further, and it has nothing to do with blocks, warranties, or Brinell tests. He is going to the Supreme Court to defend his actions (aka shooting off his mouth). The manner in which he made the statements, as well as the statements themselves are what is on trial. He can limit his legal fees at any time he chooses by not appealing. He can stand up and take responsibility for his words and the intent behind them. Or, he can continue to say he "did not know anyone from Ohio would access the site."

Responsibility and accountability takes many forms. One form can be that of a business taking care of its customers. Another form is telling the truth and owning up to one's actions. People sometimes do the wrong thing for the right reasons, but it is still the wrong thing. And when the wrong thing has legal consequences, it is up to individual to take responsibility.

One other thing, these bulletin boards may be publicly read, howver, they are privately owned. Freedom of speech and the First Amendment is also limited in that respect.

I see my homework is done being processed; and I have the rest of a term paper yet to write. Good evening.

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