Posted By:
Peter SpaethCorey, we are probably in uncharted legal waters here, but if I were a court I sure would be reluctant to do that, and that is assuming you could prove this "perception" which by the way is hardly "universal" I would think. And I am not sure how you would prove this "perception" anyhow consistent with the rules of evidence. Is it a proper subject of expert testimony? Possibly but possibly not. So how else would you prove it, print out a series of Net 54 threads and try to offer them into evidence not for the truth of the matter asserted (which would be inadmissible hearsay) but for the state of mind of the posters? And how far would that go really towards proving a "universal" "perception"? Have some collectors testify? As to what, their own perception or their perception of the general perception? I am not trying to be a wiseass here but it isn't as easy as you think to "prove" things sometimes.