[blml] What is equity - added substance. [Long]

Alain Gottcheiner agot at ulb.ac.be
Thu Nov 22 14:38:07 CET 2007


John Probst a écrit :
> Ye Gods!  "could have known" clearly means "probably didn't know". If the 
> asshole had been awake he "would have known" but he was asleep. The whole 
> point is that for legal reasons and to avoid libel cases we don't want to 
> know about intent. We don't want to know about "did or didn't know". We just 
> say "Had you had half a brain asshole and were awake even you, you 
> pea-brained failed biological experiment, would have seen you could stuff 
> your opponents, and YOU AIN'T GETTING AWAY WITH IT".  64C says the same, of 
> course, but if HdW won't let me use it, then I'm going via 72B1.  John
>   
Whow ! If that's the meaning, it could lead to abuse cases in lieu of 
libel.

I'd like to rephrase it as "you aren't cheating, but your deeds in this 
situation are the same a cheat would have carried, and therefore we have 
to penalize them as if you were, if only for the sake of coherence".

Best regards


  Alain




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