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Re:Former Tesla engineer sues for defamation by bambax on Wednesday December 09, 2020 @02:06PM (#25362862)
Inadmissible in court, but you can always leak to the press and see what happens.
Re:Former Tesla engineer sues for defamation by bambax on Wednesday December 09, 2020 @05:39PM (#25366311)
At the risk of attracting more downvotes, I persist. The problem with corporate malfeasance and bullying, of which Elon Musk seems to be a specialist, is that people are afraid to retaliate.

We shouldn't be afraid.

I personally sued big corporations, as an individual, two times, and won. Granted, this was in Europe, not the US, but the warnings and hand-waving of people telling me one should never do that were similar.

If you care enough about the issue, and don't care much about the risks, which are usually wildly exaggerated, the odds are actually in your favor.

Re:Former Tesla engineer sues for defamation by frereubu on Thursday December 10, 2020 @05:26AM (#25372093)
The point here was specifically about secretly recording converations in a jurisdiction where that is illegal. If you'd tried to use recordings like that in your two suits against big coporations, they would have been thrown out by the judge and you would have put yourself at risk of criminal prosecution into the bargain.
Re:Former Tesla engineer sues for defamation by vmception on Wednesday December 09, 2020 @02:14PM (#25363012)
Not only inadmissible, but can incur criminal liability as well, such as in California.

With criminal statutes, it significantly raises the bar about how to "leak" something to the press, the press who needs to verify the source and can be subpoena'd for records.

Re:Former Tesla engineer sues for defamation by lazide on Wednesday December 09, 2020 @04:45PM (#25365646)
It's actually a bit backwards.

A private person recording someone illegally is a crime. In some circumstances (for instance to prove a witness in lying), it can still be admissable. [ref https://www.stimmel-law.com/en/articles/secret-recording-con....]

Now is it is worth admitting to a crime that can carry fines of up to $2,500 and/or imprisonment for up to a year (misdemeanor) is a hefty question. In addition, the violator may be subject to civil liability in the amount of $5,000 or three times the amount of any actual damages sustained as a result.

If this was a lawsuit due to serious, career ending malfeasance against you, where a key witness would be trivially proven a liar and you could end up with millions in a settlement? Maybe? Could they turn around and sue you for 3x the settlement? Sounds like you'd want to talk to a lawyer first.

Not happening most of the time though.