[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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