I'm considering starting up my own spoof news website with inaccurate but funny stories about various tech products and tech CEOs. There would be a disclaimer on the website stating the information is innaccurrate. Could I be sued for this, even if I stated the website was a spoof?
Technically, you can be sued for anything if they can convince a court magistrate that they have probable cause. If you are going to do something like that, you should read up on how to reduce the chances of any legal action.
well not many would like you posting fun stories about them, and ceo's are powerful people, they would bang you and your website if they get pissed , still if you want to give a try keep it for registered users only.
No, just put in the footer of your website: "This site is protected by the 1st Amendment". That'll shut most people up Let's just hope you live in the states
If you live in the states, it has indeed very much to do with it. http://www.firstamendmentcenter.org/Speech/arts/topic.aspx?topic=parody_satire I would also obfuscate the names, for example apple -> epple and bill gates -> Gill Bates and so on
your freedom of speech isn't limited only to what's true. courts wouldn't make anything of since he has that right to say whatever he'd like.
It's not responsible for you guys to be saying he can't get in trouble because he is protected by his right to freedom of speech. There have been sites shutdown when they should have been protected by their right to freedom of speech. Unfortunately laws sometimes clash, they make up reasons even though everyone knows the real reason, and last but not least, companies and people can be affected by fear, fear of being investigated, fear of having their name associated with bad press. Alright, so maybe the odds of you getting into trouble for it are pretty low, but the only advice you should be listening to from abunch of people on a forum, is that you should read up on law and protect yourself and the site to the best of your ability(disclaimers, wording, privacy, etc.) Don't piss the wrong people off. People with money and/or power can make stuff happen regardless of laws and your amendments.
In the USA you can say pretty much anything you want, because of the 1st amendment. Just don't take their content, and you should be fine IMO. But I'm no expert...
You can be sued for anything... If I want to sue you and claim that the bold text in your message caused me mental anguish I could... Would they have any legal grounds to sue you on? No. Parody is protected speech.
Not true. You can say anything as long as it does not lie, endanger or slander another person and or business. There are rules and regulations in every country, I advise you consult a lawyer/business consultant, not DP members. Peace,
Most of the time, it is not about whether you could be sued or even whether you could win. In almost all cases, especially in the States, you can do enough to protect yourself so that your case would hold up in court. The problem, and real question is whether you can afford to pay to defend yourself if you are sued. Many large companies will threaten to sue you rather than even contact you to discuss removing the offensive article. They are going on the assumption that you can't afford to be sued. Many of these larger companies have lawyers on payroll, so it doesn't cost them anything significant to run you into bankrupcy. Even if you win, they are almost guaranteed that the site will be shut down due to the financial strain.
To say that the first amendment gives you the right to say anything you want is absolutely not true. You can be held liable for slander. To state any thing as a fact which is not true is dangerous. To give an opinion is acceptable. But I would make sure to define it as such... And yes by all means "Get a lawyer".
It would probably depend on what degree you took it too. Just look at what comedians get away with. Public icons are generally supposed to just take parodies of themselves (especially if it is clearly identified). You should be careful about Liabel(sp?). You're pretty safe if you post stuff like: "PSP adds a new battery that lasts more than 30 minutes" Don't write: New Ipod causes brain cancer
A requirement of defamation is that the work has to have been intended to be taken seriously. Parody is generally protected as a result.
The first amendment only says that the government can't block your speech. As others have pointed out, individuals and businesses can sue you for slander or libel or trademark infringement. If you are talking about real products or real people, there is the real potential for a lawsuit (and you can be sued even if you are in the legal right) or someone trying to get your web site shut down. If you are serious about this, I would talk to a an attorney about what disclaimers you should put on your site, and what limits you should follow. I would NOT use the information from random posters here on DP as legal advice. IANAL, and I don't think anyone else who has posted in this thread is a lawyer. We are all just speculating, and not giving you actual legal advice.