Edge_Design Posted March 16, 2011 Posted March 16, 2011 just off the top of my head there are two charges he could lay: 1. Defamation of Character via libel means - granted it is difficult to prove in court but the legal fee's alone will suck! 2. Intellectual Property Law - there is a loop hole in this law and really good lawyer could build a solid case around it because a photo has been posted and the gentleman's face is clearly visible, someone could recognise him and harass him in public which will give him more weight behind his case. as I said this is just off the top of my head, given a week there is a lot more loop holes one could find. all I am saying is consider the consequences, yes a stolen bike SUCKS, I will be glad to help find the guy but not when threats are made against his person (which could be used as a charge for Premeditated Assault in a court of law, if acted upon, verbal or physical) you have to love the law Finally something meaningful, thank you! I think you'd battle to win on those grounds against an equally good lawyer, but happy to see some actual facts being quoted... Always interesting to see an actual interpretation of how the law could be applied in circumstances like this rather than people like me making semi-educated guesses!
Eldron Posted March 16, 2011 Posted March 16, 2011 People, people - have we moved to america? Do you really think Action Photo are going to sue? They just got some free advertising. And the dude on the bike? Is he going to go to the police and lay a charge of posting a photo on the interweb? If it was me on the bike I would take no offence if I had bought the bike innocently. Hopefully someone knows the guy and the bike gets returned to it's rightful owner (if of course he is not the rightful owner). At best a quick phone call to get the facts will ensue. You're all nubbins
Nimby Posted March 16, 2011 Posted March 16, 2011 People, people - have we moved to america? Do you really think Action Photo are going to sue? They just got some free advertising. And the dude on the bike? Is he going to go to the police and lay a charge of posting a photo on the interweb? If it was me on the bike I would take no offence if I had bought the bike innocently. Hopefully someone knows the guy and the bike gets returned to it's rightful owner (if of course he is not the rightful owner). At best a quick phone call to get the facts will ensue. You're all nubbins Once again - the voice of reason
Edge_Design Posted March 16, 2011 Posted March 16, 2011 Rather, what part of your post was meaningful. A whole wad of legal opinion, followed by a little disclaimer saying you don't actually know. Guess what, posting the person's picture is actually defamation of character, followed by a copyright infringement. Kapish? To the OP...do you have the SERIAL NUMBER? And which part of my post was so illogical? I asked a question followed by my assumption and concluded by clarifying that it was an assumption based on my knowledge and that I do not know every loophole in the law which he might be able to use to his benefit so that no-one might perceive me to be an expert which you obviously are... Why is it defamation? Are you implying that he looks ugly in the picture? If a newspaper posts a picture of you, is that defamation of character?
Guest big baby Posted March 16, 2011 Posted March 16, 2011 People, people - have we moved to america? Do you really think Action Photo are going to sue? They just got some free advertising. And the dude on the bike? Is he going to go to the police and lay a charge of posting a photo on the interweb? If it was me on the bike I would take no offence if I had bought the bike innocently. Hopefully someone knows the guy and the bike gets returned to it's rightful owner (if of course he is not the rightful owner). At best a quick phone call to get the facts will ensue. You're all nubbins He'd have every right to sue. He's being accused here. Secondly, the guy on the bike IS the rightful owner until PROVEN not to be. Right now it's just some guy on a forum who 'reckons' it's his bike. Without actual proof, ie a serial number, it doesnt hold water. I don't get how people can buy expensive things like TVs, bikes, cameras etc without taking down the serial number. To the OP, if you can go to the shop where you bought the bike, have them supply you with a verified serial number of the bike in relation to your purchase, then lay a charge at the police station. Have the case number sent to the Argus organisers, cross check the SNs and you could get your bike back. Having the same bartape is nothing.
Grebel Posted March 16, 2011 Posted March 16, 2011 Before you confront the dude, you should make VERY sure that you have conclusive proof that the bike is yours. 'cause if you confront him and he can prove that it isn't yours... I wouldn't like to be in that position!
Kranswurm Posted March 16, 2011 Posted March 16, 2011 I think Mr Silverback or whoever is in serious trouble over this
schmoose Posted March 16, 2011 Posted March 16, 2011 Sorry hows a serial number any better than "under that bartape is some black bartape", bottom line is the dude's riding a stolen bike, and the thread starter can prove it. Insofar as him sueing, he cant exactly sue a guy for posting a picture of his own bike up on a forum, it just so happens he wasn't riding it at the time. Some of you okes are such mullets, and none of you are lawyers so you should probably leave the law to those in the know and try and help this guy find his bike. My advice would be to phone the cycle trust or racetec and demonstrate that its your bike, im sure they can then phone the cyclist and inform him its stolen, chances are he thought bought it legit and the two of you can head off to cash crusaders with the cops.
Eldron Posted March 16, 2011 Posted March 16, 2011 He'd have every right to sue. He's being accused here. Secondly, the guy on the bike IS the rightful owner until PROVEN not to be. Right now it's just some guy on a forum who 'reckons' it's his bike. Without actual proof, ie a serial number, it doesnt hold water. I don't get how people can buy expensive things like TVs, bikes, cameras etc without taking down the serial number. To the OP, if you can go to the shop where you bought the bike, have them supply you with a verified serial number of the bike in relation to your purchase, then lay a charge at the police station. Have the case number sent to the Argus organisers, cross check the SNs and you could get your bike back. Having the same bartape is nothing. In "theory world" he has a right to sue but would he really? Has the world gotten so vekramp that this would really go to court? And for what? To get SilveryRU to give him R10,000 for slightly soiling his name? C'mon man. To be fair SilveRU could have been a bit nicer about it though. If I was the dude in the photo I'd PM SilvyRU and have a little chat. Thats all. No court, lawyers, judges, anality or caps lock.
Silverback Ru Posted March 16, 2011 Author Posted March 16, 2011 In "theory world" he has a right to sue but would he really? Has the world gotten so vekramp that this would really go to court? And for what? To get SilveryRU to give him R10,000 for slightly soiling his name? C'mon man. To be fair SilveRU could have been a bit nicer about it though. If I was the dude in the photo I'd PM SilvyRU and have a little chat. Thats all. No court, lawyers, judges, anality or caps lock.Funny how people just jump in without reading the whole threat first. Please go and check who posted the pic and what I said about copyright, Actionphoto and pics.
Guest big baby Posted March 16, 2011 Posted March 16, 2011 Sorry hows a serial number any better than "under that bartape is some black bartape", bottom line is the dude's riding a stolen bike, and the thread starter can prove it. Insofar as him sueing, he cant exactly sue a guy for posting a picture of his own bike up on a forum, it just so happens he wasn't riding it at the time. Some of you okes are such mullets, and none of you are lawyers so you should probably leave the law to those in the know and try and help this guy find his bike. My advice would be to phone the cycle trust or racetec and demonstrate that its your bike, im sure they can then phone the cyclist and inform him its stolen, chances are he thought bought it legit and the two of you can head off to cash crusaders with the cops.You're kidding right? A serial number is actual proof. We're not allowed to call each other names anymore, but in my head I just called you a F S W
Shebeen Posted March 16, 2011 Posted March 16, 2011 Sorry hows a serial number any better than "under that bartape is some black bartape", bottom line is the dude's riding a stolen bike, and the thread starter can prove it. Insofar as him sueing, he cant exactly sue a guy for posting a picture of his own bike up on a forum, it just so happens he wasn't riding it at the time. Some of you okes are such mullets, and none of you are lawyers so you should probably leave the law to those in the know and try and help this guy find his bike. My advice would be to phone the cycle trust or racetec and demonstrate that its your bike, im sure they can then phone the cyclist and inform him its stolen, chances are he thought bought it legit and the two of you can head off to cash crusaders with the cops.if you weren't such a mullet yourself you'd know that the cops take serial numbers of bikes pretty seriously. infact i suggest you go right yours down when you get home. should be on your warranty/sale documentation too.
Eldron Posted March 16, 2011 Posted March 16, 2011 Funny how people just jump in without reading the whole threat first. Please go and check who posted the pic and what I said about copyright, Actionphoto and pics. When I spoke about him sueing you I meant because you accused him of breaking and enterring, blah blah, stolen property, yadda yadda - diddly squat about the photo my conclusion jumping friend. When I spoke about being nicer about it I meant stop calling people idiots. Now don't you think a nicer way would have been to say "I saw this bike in the Argus - I'm sure it's mine - can someone please help me identify this guy so we can have a wee chat"? Instead your ego got in the way and now you just look like acomplete nubbin.
Stretch Posted March 16, 2011 Posted March 16, 2011 to all those people yelling sue, have you actually been through the justice system in this country? let me assure you, the whole process takes years. As someone mentioned - the chap looks reasonable. I am sure if you follow due process something positive will come out. I am pretty sure the organisers would provide details if you explained the situation. Hell, even CSA might be able to assist. Chances are he bought it from cash crusaders or something and in that case they are liable (i would imagine...surely?) and if he gets his money back he may be a bit bleak to loose his 2-ply handlebarred, yellow seated bike, but not going kill himself over it
Tiny K Posted March 16, 2011 Posted March 16, 2011 Sorry but I just have to say this..... it's the first time that your bike went faster than what you did. On a more serious note, I hope you get this sorted out (in this order) Serial No, Cops, Cycle Trust, 'New Owner', 'bike re-seller'.... and hopefully you get your bike back.
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