Affiliate Likely To Be Sued For Using A Picture From Sxc.hu

This is also not quite correct. I understand you wrote the article in question, but please do not provide legal conclusions on the forum.

Legal issues are complex enough for attorneys.

A good start would be to review the Georgia statutes referenced in the lawsuit. In particular, the Georgia law for recovering damages.

While I am not licensed in Georgia, a brief review of Georgia law and cases indicates the damage to be proven does not have to involve a third party expense.

The post confuses damage to reputation with emotional distress. They are different, although they can understandably be similar.

Your reputation is damaged when someone reads a defamatory statement. You may also suffer emotional distress when you learn about the damage to your reputation.

While it is true that without harm there is no case, the actual harm to one's reputation is not contingent upon losing a job, etc.

It could be even more detrimental to simply be shunned in society.

There is a reason why the tort is called defamation of character and not infliction of emotional distress.

For example, in California a jury instruction for defamation damages refers to "actual damages" - but the "actual damages" includes items such as

- Harm to the person's reputation, and

- Hurt feelings.

Additional items of "actual damage" include out of pocket expenses, harm to a business or occupation, etc.

Hopefully that helps in understanding some of the claims being brought in the lawsuit.

Almost ALL civil cases are "universally settled." Litigation is expensive and unpredictable. With defamation cases there is the additional problem, as in this instance, of the defamatory statements being publicly repeated. Settlement does not mean the claim has no value or there is no defamation.

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