GoDaddy Caves To Irish Legal Threat 176
crush writes, "An Irish website RateYourSolicitor.com, which aims to let clients find and rate solicitors (a British Isles flavor of lawyer), has received an Irish High Court injunction to remove defamatory material about one such rated solicitor. The site is hosted by a US provider, gmax.net, which has reportedly been served notice by lawyers acting for the defamed solicitor. According to the article, GoDaddy, as the domain name registrar, has locked access to the site (registration or bugmenot required). (Amusingly, the records are all for a 'John Smith' in the Russian Federation at 'lawyercatcher@lawyer.com'!) An interesting twist to all of this is that according to the Communications Decency Act, an ISP, as a publisher, cannot be held responsible or legally liable for what their clients do. So how can GoDaddy justify this censorship? Or are registrars the weak link in a system that seems like it ought to be robust against censorship?"
Comment removed (Score:5, Interesting)
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Censorship by any other name... (Score:5, Interesting)
We ostensibly have freedom of speech, and don't legally ban things like hate speech as they do in France, for example. Instead we use our corporations to enforce the same kinds of restrictions against "offensive content" and such.
In this case, GoDaddy's TOS includes this gem:
So any jackass could shut you down by threatening to sue GoDaddy. Niiiice.
"Freedom of the press belongs to those who own one."
[TOS = "Terms of Service", you know -- the huge page of small print that you scroll past in order to click the "I agree" button.]
Re:Censorship by any other name... (Score:4, Insightful)
So find yourself another host. One with pockets so deep they don't have to worry about limiting their exposure. Good luck on that one.
Re:Censorship by any other name... (Score:5, Informative)
Side note: "your" freedom of speech is one predicated on government involvement. Specifically, the lack therein. It does not, however, compel a newspaper to print your article or letter to the editor. It merely prevents the government (in theory) deciding for the newspaper that it won't. The newspaper is still free to deny your article for any reason, whether trivial (it spelled "its" wrong) or conspiratorial ("for the common good").
Similarly, ISPs are free to restrict who gets to use their service. (Of course, there are other repercussions here - if they take an overtly active role in this, for example, they lose common-carrier status, and thus become liable for everything, where "overtly" and "active" are loosely defined based on case law.) If GoDaddy doesn't want to provide service to pornographers or spammers, that's their business. If GoDaddy has a weak stomach for lawsuits, that, too, is their business. However, even if they do have a strong stomach for lawsuits, their TOS says that they reserve the right to make decisions to terminate service unilaterally based on their perception of the lawsuit. The "with or without merit" part is simply a cover-your-ass statement that says that you and they could even disagree about the winnability of a lawsuit, but they still get to make the call. That's there just because someone got sued at some point in the past for doing something like capitulating over what turned out to be nothing, I'm sure.
So, please. Do not bring up freedom of speech. Your constitutional amendment to that effect is irrelevant. At least to this situation.
(Disclaimer: nothing in here says you are wrong for disliking GoDaddy. Just as you're free to express your view, I am mine. I'm not preventing you from blaming free speech - just trying to explain it a bit more.)
Don't you get it? (Score:5, Interesting)
You can't go anywhere now and put out fliers because there's ordninances against it. You can't broadcast online because ISP's shut you down when you say something "objectionable enough".
We need free speech zones on the internet that do not depend on corporations or Government.
Re:Don't you get it? (Score:4, Insightful)
It's called your computer. Specifically, for you, the one you own.
You have the Freedom of Speech. Nowhere is it written that you have Freedom of Easy-to-Access Speech or the Freedom of Everyone-has-to-help-you-so-ISP's-gimme-a-cable-l
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Tell me, Mr. Infernal, what good is a phone call... if you are unable to speak?
Re:Don't you get it? (Score:5, Insightful)
Technically speaking, using the rules of English, that's Mr. Device. Be that as it may
what good is a phone call... if you are unable to speak?
Let's see here. There's pen and paper (could get your hands lopped off or perhaps your eyes gouged out) or ultimately, you can still walk out the door and communicate directly with your supplicants.
I get the general gist of your argument - really, I do. But you need to understand that no one person, corporation, business, or other entity is required to help you with whatever your mission is. Count yourself lucky that for the most part, these businesses aren't too worried about it - it's a side effect of the communications business that you have the ability to spread your screed over a wide area.
But it doesn't have to be that way and you should not count on it if what you have to say is particularly disturbing to the rest of society (or even some small part of it - as long as it's influential). Ultimately, you are only guaranteed the Freedom, not the means to utilize it in a convenient manner.
Mod parent up. (Score:2)
Mod parent up. So few people seem to get this.
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Only the Government (specifically, the US Government) guarantees you the right to Freedom of Speech and it is only they (and elected officials, etc.) who have to respect it. Individuals and corporations are not The Government and as such they don't have to do a damn thing to help you. In fact, barring illegal means, they can do all kinds of things to make it very difficult or near impossible, or a
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Consider this: If someone complains to your phone company about something you do with your phone line, 99.9% of the time the phone company will shrug it off and tell them to call the police if a crime has been committed. They will not shut off your phone service or otherwise respond to threats of lawsuits on the basis of what you do with your phone. It's just not their problem.
That's both p
No, I get it. (Score:3, Insightful)
However, do you really want to live in a place where Freedom of Speech is merely a hypothetical idea rather than a practical truth? Is the US really a better place than China, Russia or any other country when freedom of speech only exists when it doesn't offend anyone? Do you have freedom of speech if anyone can shut down your speech?
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It is a hard fact here in the U.S. No, wait
Is the US really a better place than China, Russia or any other country when freedom of speech only exists when it doesn't offend anyone?
No. But offensive ideas come in all shapes and sizes and do not just contain curse words, racial epithets, and naked people doing wacky stuff, etc. I think you're not expanding your thinki
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I don't think that I stated anywhere that offensive speech only involves cursing or sex. :)
I challenge that. To take your example of what offensive speech is, ease of exercise can be defined very n
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That was for the benefit of people outside this discussion, just in case they weren't getting it, and to be honest, to make sure you understood the point I was arguing from. At any rate, there are certain things I challenge in your argument.
I can't vote a corporation out
You don't vote an elected official out - you either re-elect or replace them when their term ends. While you can't vote a corporation "in" or "out", you c
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Yeah, but if there is no way for information about the corporation's behavior to be made public, how is their public perception going to be affected?
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I disagree, but not enough to actually argue about it. Point taken.
Very true. But that's not what matters. The problem is that by definition, my state government and the federal government *has* to listen to me when I vote. They cannot toss my ballot out because it doesn't match their needs or desires. On the other hand, a cor
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Oh really? So if you stop giving your money to company A and instead give it to company B, then company A can still spend that money?
Sure, it takes a lot of people to vote a company out of business, but then your vote really isn't the deciding factor in a gov't election either, now is it?
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If there is a monopoly, withholding your money is just the same as if there was a competitor -- If enough people do it, the company will still die out. If not, the people have spoken, the company grows larger and life goes on.
It doesn't matter what you do with your money, as long as you don't give it to the company in question, you've voted your tw
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Under the current system, if some stranger on the street hands you a diatribe and demands that you read it aloud to the whole world, you can refuse, and your refusal does not impinge on this person's freedom of speech.
Under a system where corporations (which by extension, means ANY person) are *required* to facilitate freedom of speech, yo
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So, you would force them to behave as you would wish? Against their free will? Nice.
There is no issue of freedom of speech as the parent said. You are free to set up the same service and not cave to whomever. No freedom of speech issue, regardless of your desire to cloak your agenda.
"You can't go anywhere now and put out fliers because there's ordninances against it."
That is a bla
DNS Registrar free speech zone (Score:3, Informative)
mod parent up, informative (Score:2)
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You never could go "anywhere" to hand out fliers. You can hand out fliers on your property, and on public property. You cannot hand out your fliers on someone else's property.
It sounds to me like you've never tried. Every lunchtime where I live there are dozens of people standing on the streetcorners handing out leaflets for various sandwich joints. It's all perfectly legal. You should go outside and try stuff, in
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I drive around here every day. No fliers anywhere, except a few staked signs during election time. The ones that do go up, get taken down within a day. I actually timed it once for an unbelieving in-law.
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Point taken, you're actually very close to the mark there. We do still walk down to the local Starbuck's wannabe, though.
Free Speech Zones, Yuck! (Score:2)
Tell me you didn't really say that. Free speech zones?!? Free speech zones are a bastardization. They are to free speech as Digital Rights Management is to digital rights. Taken to the extreme, they can boil down to "you're free to say whatever you want - where nobody can hear you".
Please, if you are in favor of free speech, don't pretend free speech zones are anything but evil.
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The material is published in Ireland and therefore comes under Irish law.
no.. (Score:5, Insightful)
No landlord, once the person has signed a lease, is allowed to evict their tenant for things like voting habits, their tendency to protest their favorite political party, their tendency to denounce the company they work for, etc.
If they tried it they could be sued into destitution.
The same thing with wrongful termination. While empolyers have the right to not hire you, once you are hired theyre not allowed to fire you for things like the hobbies you keep in your spare time or your political affiliation.
Finally, and most importantly, with increased power or wealth comes increased responsibility. Webhosting companies, like corporations who dominate a geographic area in terms of employment opportunity, estensibly have power rivaling a government and carrying the same weight.. as such they should be held to the same constitutional standards as the government, otherwise those constitutional guarantees don't mean jack.
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Ahh, but if you live in an "at will" employment state they can. They'll be sure to terminate you for some imagined slight, or simply not give a reason, instead of the real reason to avoid those pesky laws, but at will employment allows them to fire you at any time for any/no reason.
Bollocks (Score:2)
However, our (incl.) *natural rights* (a function of the human condition and/or an "endowment by the creator"), which are distinct from our constitutional guarantees, are grounded in philosophy and not in law - when someone talks about the "right to free speech", they are refering to something that t
stop confusing the issue (Score:2)
There are two concepts of "free speech": what the law actually gives us, and what we, the people, understand the concept to mean. If the concept of "free speech" given to us through laws differs from what we understand the concept to mean, then the problem is with the laws, not with our understanding.
Everybody understands that ISPs currently have
Are you surprised? (Score:2)
You have GoDaddy charging next to nothing for domain names and you expect to get the same service you'd get from a real registrar? C'mon.
Not exactly! (Score:2)
This is not just somebody threatening to sue. This is a solicitor/lawyer threatening to sue. Of course a threat is not a lawsuit, but a lawyer threatening to sue on their own behalf and then filing a lawsuit is more likely than someone who has to pay an attorney $300/hour.
I had an attorney not take my threat of filing a suit seriously, until I provided h
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If you are going to have a any sort of domain that may cause any kind of controversy the first thing you need is an acurate address. I have had a couple domains shut down because of this.
All it takes is one person who doesn't agree with you to report your domain name WHOIS information as inacurate!
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Perhaps GoDaddy is blocking them not out of pure censorship, but because this scandal has revealed that one of the domains they manage doesn't have correct WHOIS information, which many registrars require in the TOS?
GoDaddy has a record of "shoot first ask questions later" when it comes to whois details. A previous employer used to have his domains shut down several times a year because the whois info pointed to the Dominican Republic and Godaddy just couldn't get their heads around the fact that the ad
GoDaddy, cowardice, and non-free speech. (Score:5, Informative)
Check out this excerpt from their Registration Agreement [godaddy.com]:
It's not exactly a free-speech-friendly contract, is it? You can lose your registration for embarrassing someone. This is why I never moved any of my domains to GoDaddy when I was working for them. You can't count on them to stay out of legal battles that other registrars would ignore. Instead, they'll kill your registration, and expect to be patted on the back for being good citizens.
Sometimes, I think their real problem is that they want everyone to like them.
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(-1, Wrong) (Score:3, Informative)
Incorrect (Score:2)
Heres a link [boards.ie] to a very recent discussion board just FILLED with posts from Irish people who think you're wrong. So tis you who is confused. Sorry about that. Maybe a little more education next time, hey?
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The Republic of Ireland is contained within the geographic area of the British Isles. That's not politics, it's geography. Which obviously neither those of you who modded this insightful, nor the original poster have ever studied.
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Ireland is not a part of the British Isles, and has never been. Thus references to "Great Britain and Northern Ireland" are used to include the latter within the scope of the United Kingdom.
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Britain is the same thing as the UK, ie: Everything except the republic of Ireland.
"Hibernia"
Hibernia is the ancient Roman name for the island, it's a bit like calling Iraq "Persia", or Thailand "Siam", ie: meaningless.
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See that poll on top there sodomite? :D
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Well I and a lot of others find it offensive. The term IRISH would have been perfectly descriptive, don't you think? Since this has nothing to do with the UK.
What Do You Expect For 8.95? (Score:3, Insightful)
Frankly you get what you pay for. I'm a happy GoDaddy customer but I if I wanted a registrar who will stand up under legal challenges I don't think it would be unreasonable to switch to a registrar who charges more per domain.
Re:What Do You Expect For 8.95? More than this (Score:2)
Your argument might be valid if they had to defend every domain from legal challenges. But they don't. Nobody does. And by standing up against the few challenges for the many domains they manage along the way, they probably both reduce the likelihood of future challenges (especially if they seek repayment of legal fees afterwards each time they win
Your logic is bad. (Score:2)
It's quite reasonable that for $8.95/month, GoDaddy can't afford your 'insurance', and if you want to participate in 'domain name lawsuit insurance', you'll have to go with a provider who provides it, and charges $14.95/yr, or more.
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No, the argument is valid because they can't afford to contest as many challenges as someone who charges considerably more. Since they have less money they would likley only defend actions that would have an immediate effect of their own profitability. I agree fighting back would deter some challenegers but what if their strategy is to simply cut off customers who cause them legal grief. The number of customers is sma
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Um, because they aren't IN the US? 1. The US would not have jurisdiction against the Defendant, since he's apparently an Irishman, in Ireland. 2. US courts would have no reason to judge the case, since basically everything about it (except for a few servers) is in Ireland. All the evidence and witnesses are in Ireland. 3. It's going to be governed b
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If the actual defendant was under irish jurisdiction they could just issue a court order for HIM to take down the page and if he doesn't throw him in jail for contempt of court. Similarly if it was an irish ISP they could order the ISP to take down the page. I don't understand why godaddy go
Who's Your Daddy (Score:3, Interesting)
After all, GoDaddy is owned by a Conservative [bobparsons.com] making his fortune from domain squatting [google.com]. I expect there's quite a lot going on under the hood. I'm looking forward to his explanation, as are many, many people who registered with GoDaddy who expect due process before sudden shutdown.
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Your turn.
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It's somewhat "relevant" because in recent years, most prominent "conservatives" have been caught practicing bait-and-switch. This includes, for example, the "conservative" POTUS on whose watch the US went bankrupt (it didn't start with him, but he made it much worse). True conservatives take fiscal responsibility seriously. Another example are those "conservatives" who, in order to OMG SAVE THE CHILDREN! try to pass laws that will socialize the cost - monetary
Not a surprise (Score:2)
Seriously, I'm not surprised. It's been a controversial idea in Ireland and there's really not much of an ability to defend your reputation without resorting to tougher measures. There was a lot of similar controversy with ratemyteacher.com when some of the allegations made on the site were troubling. In some cases the site was used to make (false) allegations of sexual and/or physical abuse. Teachers were rightly outraged.
To be fair I think that
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Re:Not a surprise (Score:5, Insightful)
A car mechanic who does a bad job can waste money and cause inconvenience. Lawers abusing the system can shut down entire industries, for example light aircraft manufacturing.
An electrician who does a bad job can make someone's house burn down. A lawyer who does a bad job can let a client go to Death Row (http://www.deathpenaltyinfo.org/article.php?scid
A floor tile installer who does a bad job can shake someone's faith in floor tile installers. A lawyer who does a bad job can shake the trust in the court system that holds society together.
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A car mechanic who does a bad job can waste money and cause inconvenience.
Said car mechanic could potentially cause death and destruction, if their work screws up the car's brakes or accelerator, etc. In fact, even the bad floor tile installer could lead to someone being injured (or even killed, if particularly unlucky), if they slip or trip on the tiles.
All the examples you quote could lead to people dying. I agree, though, that in terms of maximum like
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The light aircraft industry went into decline after World War II and never really recovered. The technology was stagnant at entry level. There were dramatic improvememnts in travel by road, by commercial air. Take away the lawsuits and nothing much changes, General Aviation - An Overview [centennialofflight.gov]
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Because of all of the "sectors," lawyers make the laws which they are all required to follow, including themselves. A classic case of the foxes guarding the henhouse.
How is it censorship... (Score:2)
Also, it *sounds* as though the domain was registered with fraudulent information (okay, I guess there *could* be a John Smith in Russia). If this is true it would be a violation of ICANN's policy on domain registration, not GoDaddy's.
WHOIS (Score:3, Informative)
John Smith
krasnaya ploschad
Moskva 00000
Russian Federation
Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: RATEYOURSOLICITOR.COM
Created on: 02-Jul-05
Expires on: 02-Jul-10
Last Updated on: 15-Jul-05
Administrative Contact:
Smith, John lawyercatcher@lawyer.com
krasnaya ploschad
Moskva 00000
Russian Federation
714987650
Technical Contact:
Smith, John lawyercatcher@lawyer.com
krasnaya ploschad
Moskva 00000
Russian Federation
714987650
Domain servers in listed order:
PARK13.SECURESERVER.NET
PARK14.SECURESERVER.NET
Registry Status: REGISTRAR-LOCK
Registry Status: clientDeleteProhibited
Registry Status: clientUpdateProhibited
Registry Status: clientTransferProhibited
Registry Status: clientRenewProhibited
Go Daddy Caves To Irish Legal Threat (Score:2)
The Communications Deceny Act is American law. That doesn't insulate you from the law of the U.K.
The CD Act protects ISPs from liability for third-party content. Not from content that the ISP creates or publishes itself. You might want to host MySpace. You might not want to o
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Ireland is not in the U.K. so the laws there have absolutely no bearing on this situation. It is my understanding that the Irish fought against British occupation for several centuries and then topped it off with a war from 1916 to 1922. There's a good new movie out called The Wind that Shakes the Barley [imdb.com] about it.
So, a better question might be, are US hosted websites and registrars under the control of Irish courts? I don't understand how an Irish court ruling makes any difference to a US company. Wha
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Oh and one other point, its not the British Isles, submitter. Except in Britain. As far as the rest of the world is concerned, its the Republic of Ireland, something that irritates the brits no end. :D
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Its still not part of the British Isles. [boards.ie] As well as which its perfectly accurate to call it the Republic of Ireland; I'm not sure what you are correcting here.
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But sure don't all English people take it up the arse? Its a well known fact! Lord knows every english bird I've ever known does. :D Whats your name, maybe you're related?
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Hey, he's (or possibly its) your monarch, not mine. Rum sodomy and the lash, the pride of britain. Lollers.
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now that is a touch unkind.
my own Irish roots lie in the Protestant north. no more than a waystation, perhaps, for highland Scots driven out by the Clearances
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One More Strike Against GoDaddy (Score:4, Interesting)
But GD was already on my don't do business with list when they tried to trick me into transferring my own domain to them. Mine is paid through 2008, and they sent several e-mails to the contact address basically implying that to save it I needed to transfer it to them quickly and pay more money. I despise that tactic from any domain registrar of trying to poach customers in this manner.
Having very sexy women in their TV ads isn't enough to make up for the above.
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The
Maybe.
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Do meddle in the affairs of solicitors.. (Score:2)
And, being solicitors, are never far from, er, a solicitor.
Fair play to them for trying though.
The price of phony domain registration (Score:4, Informative)
The owner of that domain is listed as
John Smith
krasnaya ploschad
Moskva 00000
Russian Federation
714987650
lawyercatcher@lawyer.com
("krasnaya ploschad" is Red Square, the big plaza in front of the Kremlin.)
Ordinarily, faced with obnoxious registrar behavior, you can transfer the domain to another registrar. Given this phony domain registration info, thus domain owner can't do that.
That's the price of phony domain registration info - any trouble, and you lose the domain.
Recommendations on better registrars? (Score:3, Interesting)
A quick survey (Score:2)
They were all registered at Network Solutions.
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Re:"British"? (Score:4, Informative)
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Well when the greeks try to occupy your country for a few centuries (and fail, hahahah) you can call me back. Its Britain and Ireland. How hard is that to remember? Do you have difficulties with seeing Cuba as part of Mexico?
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Good argument. Well thought out, cogent, hits all the logical points of discussion. Who's embarassing again?
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Or equally right up there with most "brits" calling me a drunken mick. :D Ouchie. The truth hurts, I've never seen a brit not get terribly upset by that slur. If it was fallacious you'd think they could laugh it off... A bit like I do with the drunken mick crap. Of course being sole owner of a multinational company with just robber baron margins tends to shut them up fairly rapidly. Ár lá is ansin, a mhac.
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Re:Sites that require registration (Score:4, Informative)
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The cached results of a google search for John Gill at that site [google.co.uk] turns up several hits, including a link to a letter from Woods, Ahern and Mullen solicitors [crookedlawyers.com] threatening action against John Gill if "offending entries" are
MOD PARENT UP! +1 Informative (Score:2)
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