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  1. #181
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    I'm neither a lawyer nor a law student but this was a summer intern who either was being malicious or he was just too stupid to recognize what he was doing. Not criminal at all and it shouldn't be,IMO. A terrible gaffe on the part of the NTSB but they will survive it.
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  2. #182

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    Quote Originally Posted by dardar1126 View Post
    The question is did this person do it deliberately or accidentally. You might wonder HOW in HECK could someone do this accidentally?
    I don't think it could be an accident. The meaning of the "mistake" words is too deliberate.


    Whether this would be a crime I do not know. Slander and libel laws are hard to prove in the US; this is why you will often see celebrities sue in UK courts rather than US...my understanding is that the burden of proof is easier to reach in the British judicial system.
    It's not so much the burden of proof issue - it's more that the UK courts tend to take a much broader view of the scope of the potential impact that the allegedly libelous or slanderous statements could have. See this article on "libel tourism" in the UK:
    http://www.nytimes.com/2012/05/10/bu...rism.html?_r=0

    From what I know of US libel/slander law, this situation would not be either. Libel/slander would be more like identifying the pilots' names accurately and then alleging without sufficient proof that they were e.g. abusing substances, asleep, watching a DVD instead of flying the plane......anything that would be wrong and/or reflecting negatively on their professional abilities.
    You should never write words with numbers. Unless you're seven. Or your name is Prince. - "Weird Al" Yankovic, "Word Crimes"

  3. #183

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    In the UK system, the person who did the alleged libeling has to prove they are correct. That's why David Irving (a holocaust denier) sued Deborah Lipstadt in Great Britain. And he lost.

    But I agree with overedge, there's no libel here.

  4. #184

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    Could the tv station sue on the basis of the prankster's intent to discredit or undermine through malicious misinformation? This incident does not reflect badly on the pilots. It reflects badly on the news program and station.

  5. #185
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    Quote Originally Posted by JJH View Post
    Could the tv station sue on the basis of the prankster's intent to discredit or undermine through malicious misinformation? This incident does not reflect badly on the pilots. It reflects badly on the news program and station.
    What would be the point of suing a summer intern? I'm pretty sure he's already lost his job or maybe he was also duped. Have they figured out who provided those names?
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  6. #186

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    I'm confused. The NTSB made a mistake in confirming the names. I was referring to the possible legal responsibility of the prankster that originally gave out the misinformation that caused the TV station to call the NTSB where the inexperienced intern presumably made an honest mistake in confirming the names.

  7. #187
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    I'm just asking if we know who that is.
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  8. #188

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    I don't think this is a time in which civil litigation would be proper. Someone has to have suffered a legally cognizable injury. I mean I guess the news station could sue if they could show NTSB (by the actions of their intern) injured them somehow, but I think they would rather have this go away. They already issued an apology, NTSB already took responsibility, and hopefully that summer intern learned a big lesson in what it means to be professional and what the consequences are of not acting that way.

    Not everything needs to be litigated, and I think the best thing for NTSB to do is not give this intern a referral and, since people talk and that sort of field is pretty close-knit, I'm sure that the intern is not going to have many job opportunities for a while until this all blows over.

    I personally think it's incredible that the news station even thought those names were real. For one thing, those names don't even sound Korean, and another, just looking at those names should have raised a red flag. Furthermore, why would the plane have four pilots? Is that standard?

  9. #189
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    Quote Originally Posted by VIETgrlTerifa View Post
    Furthermore, why would the plane have four pilots? Is that standard?
    It is my understanding that on these long, trans-oceanic flights they have two flight crews who switch off during the journey.

  10. #190

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    Quote Originally Posted by JJH View Post
    Could the tv station sue on the basis of the prankster's intent to discredit or undermine through malicious misinformation? This incident does not reflect badly on the pilots. It reflects badly on the news program and station.
    If they tried, I bet the other side's lawyer would counteract with the argument that the TV station was negligent in not recognizing that the names were fake. I mean, seriously, this newscast must have an editor, or producer, or writer, in addition to the technician who made up the graphic and the newsreader who read the names on air. If none of those people even questioned whether Ho Lee Fuk was a real name, that's not the NTSB's fault.
    You should never write words with numbers. Unless you're seven. Or your name is Prince. - "Weird Al" Yankovic, "Word Crimes"

  11. #191
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    Quote Originally Posted by dardar1126 View Post
    It is my understanding that on these long, trans-oceanic flights they have two flight crews who switch off during the journey.
    US airlines don't seem to have two flight crews on 8+ hour flights from and to Europe. They only introduce pilot, co-pilot and first officer. The cabin crew gets some resting time though and I think the cockpit crew does, too, one at a time.

  12. #192

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    Quote Originally Posted by overedge View Post
    If they tried, I bet the other side's lawyer would counteract with the argument that the TV station was negligent in not recognizing that the names were fake. I mean, seriously, this newscast must have an editor, or producer, or writer, in addition to the technician who made up the graphic and the newsreader who read the names on air. If none of those people even questioned whether Ho Lee Fuk was a real name, that's not the NTSB's fault.
    I guess to counter that, the station's lawyer could argue that a reasonable person would take NTSB's word on it since they are the ones who have the official information. So if one were to contact them and receive info from someone representing NTSB, then NTSB would be still be responsible. The argument could be made that it's not the station's job to double check if the information they received from someone answering on NTSB's behalf (and is in their employ) was correct as anyone who contacts them should trust the info they provide (as far as they know to be correct and not intentionally false). However, NTSB can argue that it's the station's job to double check as they are a news station and every responsible reporter should check their information and sources.

  13. #193
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    Quote Originally Posted by VIETgrlTerifa View Post
    Furthermore, why would the plane have four pilots? Is that standard?
    It's already been established that this plane had four pilots who were rotating shifts.
    Actual bumper sticker series: Jesus is my co-pilot. Satan is my financial advisor. Budha is my therapist. L. Ron Hubbard owes me $50.

  14. #194

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    Quote Originally Posted by VIETgrlTerifa View Post
    I guess to counter that, the station's lawyer could argue that a reasonable person would take NTSB's word on it since they are the ones who have the official information.
    If it were one fake name, sure, but a reasonable person looking at all four of those names more likely than not would suspect that something was amiss.
    You should never write words with numbers. Unless you're seven. Or your name is Prince. - "Weird Al" Yankovic, "Word Crimes"

  15. #195
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    Twitter:

    The Associated Press ‏@AP 6h
    Courts will treat Asiana passengers differently, even if they were sitting side by side: http://apne.ws/13JOJcg - VW

  16. #196
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    There just isn't any way that someone came up with those names by accident or typographic error. Someone thought it was funny. Idiot. I am surprised the news people didn't figure it out by saying the names out loud. I don't care if they were confirmed by the NTSB, I would have quadruple checked that one before reporting it. Especially when NTSB says that its policy is that they don't release names.
    I think I will have a snack and take a nap before I eat and go to sleep.

  17. #197

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    Everything now is a battle of firsties. Who cares if the info being spewed out is completely false or offensive?
    Team Peeps!

  18. #198
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    Quote Originally Posted by Rob View Post
    There just isn't any way that someone came up with those names by accident or typographic error. Someone thought it was funny. Idiot. I am surprised the news people didn't figure it out by saying the names out loud. I don't care if they were confirmed by the NTSB, I would have quadruple checked that one before reporting it. Especially when NTSB says that its policy is that they don't release names.
    Frankly, I'm surprised that as news people they weren't aware that names had been published already and were quite different from what they were supposed to report. CNN reported at least one of the names on the second or third day! Where were they hiding?

  19. #199

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    Crash airline Asiana sues KTVU for bogus pilot names
    http://www.bbc.co.uk/news/world-us-canada-23321740
    The airline at the centre of a San Francisco plane crash that killed three people says it will sue a broadcaster for mistakenly airing fake pilot names.

    Asiana Airlines says KTVU damaged the airline's reputation with the "racially discriminatory report" against Asians and will file a lawsuit in the US.

    The bogus names were mistakenly confirmed by a National Transportation Safety Board (NTSB) intern.

  20. #200
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    Good luck with that. They'll have a hard time proving damages of any kind.
    Actual bumper sticker series: Jesus is my co-pilot. Satan is my financial advisor. Budha is my therapist. L. Ron Hubbard owes me $50.

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