Tuesday, October 6, 2015

Is Tim Carroll a COC Violator?

The CarrollCustomCadillac.com domain is hosted by the Microsoft Corporation.  Carroll also uses Microsoft products, such as Office 365, to build and maintain the CCC website.

Users of Microsoft resources agree to be legally bound by certain things, one thing being the Microsoft Services Agreement. (Last accessed: 04 October 2015).

Contained within the Microsoft Services Agreement at 3. is the 3.Code of Conduct, or CoC for short.
 click picture to enlarge
Besides the obvious, "Don't do anything illegal,"
ix. states, "Don’t engage in activity that violates the privacy of others."
To be clear, I am a private person. Tim Carroll, however, is a public figure and Carroll Custom Cadillac seeks out the public with which to do business. See: New York Times Company v. Sullivan. Carroll has represented himself to the public over and over again, for instance, via the world wide web, to be at or near the top of the worlds greatest Northstar mechanics and engineers as well as overall Cadillac, Restorer, painter, mechanic and much, much more.

Because millions of people still own Northstar System Caddy's, there is an immense public interest in their maintenance and care. Misprison of Felony is a crime1.

in 1995, The United States Supreme Court ruled in McIntyre v. Ohio Elections Commission that under the 1st Amendment, U.S. Constitution, I'm allowed to blog anonymously and especially if it concerns matters of great public interest and concern. There's plenty of case law both federal and state before and since then that supports the SupCt.

I could go on about Defamation law but I don't feel that I have to. I've already caught Carroll in enough lies just since the text he's thrown up since Saturday. Because;

In Louisiana a public person, petitioner has to maintain five prongs to prove Defamation. All the defendant has to do is disprove one and the other four must fall as well. Louisiana has some of the best Defamation law in the country and our Civil Code Article 971, Special motion to strike, in similar cases, has never been denied. To be honest, I can't find any case where its being denied wasn't overturned on appeal.

What the present or potential Carroll Custom Cadillac customer must weigh, is what if you have a falling out with him -- will he put all your personal information out on the Internet? Can you afford to take that risk? Is Carroll using me as an example to keep others silent? Just questions.

1 18 U.S.C. Sec. 4 In my opinion one of those murky laws the feds can apply as they like

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