Originally Kent Parker and his since departed cohorts believed that Trade Me was about to fight their defamation battle for them. They were overjoyed with the fact such was the depth of their delusions. When it finally sunk in that Trade Me's interests were it's own and TM had no ambition to shelter members of hate-sites from their liabilities, in fact the site shed them in large numbers from it's own message boards, Parker and co began a number of initiatives for help which have ultimately led to the most recent which appears to be sausage sizzles to save the damned. An event I suspect which will be about as popular as Melanie White's graveside vigil which nobody but herself attended.
But although he doesn't realise it, and may not even realise that damage he has done to himself, it is within the Court system and the pleadings of Parker and Purkiss, that the men undeniably help Joe Karam with his case both against the errant twins of spin but also TM. The kind of help TM don't need. Parker has admitted in his pleadings the obvious, that he had editorial control over what appeared on his Website. Parker admits under oath the ability to remove offensive or defamatory material from his website so it follows recognition of the responsibility for the same of TM. Parker and TM therefore cannot deny the responsibility of the defamatory or offensive material on their own websites that they had the power to remove. Remote that it may be that TM would agree with Parker's submissions to the Court, because it is not in their interest to do so, it remains that the Court has already accepted the concessions of Parker - that he owned and controlled the website (as TM own their own message board,) that he had the power to delete material (as TM also share the power to remove material, indeed posters,) that membership was restricted (the same as TM.)
Parker has for all intents and purposes admitted that which TM seek to deny, the power of control over their own boards. I've written before that although TM have sought to indemnify themselves with a set of rules it would be unprecedented if any publisher were not held responsible for what they publish, despite who may have written, or re-published any particular material. Para [46] in the recently released Judgement of Associate Judge Sargisson says 'Materially, the first defendant (Parker) appears to accept that his acts or omissions may constitute publication. He deposes at paragraph 4 of his affidavit of 3 March 2011:
With respect to the application to strike out the first action against me, while I had the technical ability to remove other people's post there was no moral or legal right...
The Judge goes on to say that the plaintiffs (Karam's) claim of publication is not clearly untenable and that it is a question for a Jury to determine whether or not Parker was the publisher of the posts of others. Therein, is also sunk Trade Me who possibly have even less arguments against being a publisher than Parker. Good work Kent, I'm sure Joe is very happy with you for cutting to the chase and admitting the obvious. The fact that Parker chose to swear no legal or moral was in fact a defence has allowed both the Court and any prospective Jury the opportunity to judge what legal or moral right was in force that allowed Karam, or any other member of the public, to have their character and reputation measured by a bunch of misinformed misfits that belonged to a hate-site where they published defamatory material which was also published on NZ's largest message board site, Trade Me. Own goal Kenty, shot of the century by a complete moron!
While Kent and Vic Purkiss calculate how many sausages must be cooked the administrators of Trade Me lurch closer toward a settlement with Joe Karam thanks to the good work of Kent. While the owners surely ask how could it be that TM administrators were so thick to not realise that the traditions and liabilities of print media are not distinguished by words on a written page compared to script appearing on a computer screen. So we live and learn, even Kent....eventually.
All of the 18 people identified by Joe Karam in his pleadings as having defamed him, who published on both on TM and the hate-sites have spread the liability, as Parker and Purkiss have inadvertently admitted in their sworn affidavits to the Auckland High Court.
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