Google and blogger sued by curry fish head restaurant

Google and blogger sued by curry fish head restaurant

Thursday January 27, 2011
By MUGUNTAN VANAR
vmugu@thestar.com.my

KOTA KINABALU: The director of a fish head curry restaurant which is recommended by Lonely Planet is suing a blogger and Google for defamation.

Jothys Sdn Bhd director Tharumaraj Sivaperumal filed a RM6mil civil suit at the Kota Kinabalu High Court, naming blogger Poh Huai Bin as the first defendant and California-based Google Inc as the second defendant.

The suit filed on Monday is over allegedly defamatory statements made about Jothys Fish Head Curry Restaurant here which was posted in May last year by Poh, who is originally from Sibu, Sarawak and now resides in Kuala Lumpur.

The company, which is represented by counsel Marcel Jude Joseph, is seeking exemplary or punitive damages and an order to restrain Poh from defaming the restaurant on the Internet.

Lonely place: Tharumaraj says business at his restaurant in Kota Kinabalu has been affected by the blogger’s negative postings.

The company is also seeking an order from the court to remove the offending articles from Google and other popular search engines used on the Internet.

The company claimed that the alleged defamatory statements published by both defendants would be injurious to its business.

Tharumaraj said he felt very let down when the blogger demeaned his fish head curry and banana leaf restaurant and urged the people to “avoid it like a bad case of herpes”.

“There were many people who posted positive things about my restaurant in his blog but it was removed and only the negative chats were kept,’’ he said, adding that he did not know the blogger.

On why he decided to sue Google, he said if one used Yahoo or other search engines, the offending blog does not appear immediately but in Google, it would show up first.

As a result of the defendants’ action, Tharumaraj claimed he suffered losses and damages and his restaurant’s reputation had been affected, both locally and internationally.

The plaintiff claimed that the restaurant, which opened in 1987, was known globally and had been reported as a well-known destination in Sabah in a global TV and book series known as Lonely Planet, which was an authority for tourists throughout the world.

The company also claimed that Google conducts business within the jurisdiction of Malaysian courts by reason of the fact that its search engine is used regularly by Internet users in the country.

When contacted, a Google official in Kuala Lumpur said the company could not comment on cases that were in litigation.

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NOTE:-
I believe it is silly for this guy to sue a blogger for a personal opinion he published. That was his taste, for gottsakes!!
For all you know, there might have been some conflict between the two parties - maybe the defendant was "taken for granted", and treated like an ignorant tourist, when knew knew Indian food very well.
Just because Lonely Planet mentions them (for which he might have paid), or tourist ignorant about really good Indian food know his outlet - doesn't mean they are good!!
This smug-looking Tharumaraj fella would do better by improving his food/ services, instead of making things worse for himself with added negative publicity for the restaurant- now everybody knows such an article was written, and would intead of avoiding it like herpes- would instead avoid it like the plague!!
Personally- Based on my experience in KK around last June, I'd concur with the opinion of Mr Poh Huai Bin- and my better half would vouch for it. Another (unair-conditioned) restaurant futher down the street served better South Indian food- although still far from the quality of the food served in the average Banana Leaf shop in Semenanjung/KL .......

A killer blow to online media - Malaysiakini

COMMENT Many had expected Prime Minister Najib Abdul Razak to be more stringent in enforcing controls a la Dr Mahathir Mohamad over the media. Few expected that he would be worse than Mahathir.

Yesterday, the Home Ministry announced that the Printing Presses and Publications Act (PPPA) - the mother of all censorship laws - would be amended to cover online content. Its secretary-general Mahmood Adam said the changes will plug loopholes in the law.

There is no doubt that Malaysiakini and other online media have gained from the 'loophole', derived from Mahathir's pledge not to censor the Internet in 1995 as he kick-started the Multimedia Super Corridor project.

Since his retirement in 2004, Mahathir has himself turned blogger.

Free of censorship, the online media went on to lay the foundations for the 'political tsunami' in 2008, resulting in then prime minister Abdullah Ahmad Badawi conceding that the government had “lost the Internet war”.

While the traditional media and online media are both kept in check by some 35 laws which restrict freedom of expression in Malaysia, there is one crucial difference between the two.

The online media, unlike its print and broadcast cousins, does not need government approval to put out the news or to go back to the Home Ministry each year to renew the publishing and printing permits. It is this which keeps editors and journalists in the traditional media on a short leash.

It is likely that, should the proposed amendments become law, the online media too will be required to apply for a licence.

This will be the final nail in the coffin for press freedom. The little freedom of expression that Malaysians have enjoyed online over the past 16 years will end.

The licensing regime will enable the government to apply political pressure to the online media, and worse, allow the all-powerful home minister to declare news websites illegal. Don't forget that, under the PPPA, the minister's decision cannot be challenged in court.

This is why Najib is worse than Mahathir when it comes to media operations.

Instead of freeing up the traditional media by doing away with the licensing regime under the PPPA, Najib and his cousin, Home Minister Hishammuddin Hussein, are taking the regressive step of controlling the online media.

Singapore-style Internet censorship

The timing and the speed of the amendment - it is expected to be tabled in Parliament by March - shows that the government has the upcoming general election in mind.

This proposal comes hot on the heels of similar curbs imposed by Singapore on its fledgling online media.

Only two weeks ago, the Singapore government announced a litany of restrictions on political website The Online Citizen, often dubbed as the island-state's version of Malaysiakini.

As part of the new requirements, The Online Citizen must declare itself a political organisation. This will bar its team of volunteers from writing, reporting, analysing or commenting about the elections expected to be called as early as March.

It is clear that the Malaysian government is taking a leaf from Singapore's Internet censorship playbook.

The move to amend the PPPA to include the online media must be defeated. Otherwise, Malaysia will return to the bad old days when the government had complete monopoly on truth.

STEVEN GAN is editor-in-chief and co-founder of Malaysiakini, an online media organisation launched in 1999.

Facebook PIs "find" abuser & form Community ....

"Society for the Prevention of Cruelty to Animals (SPCA) Selangor marketing and communications manager Jacinta Johnson-Chan said a total of 657 cruelty cases were reported last year with 90% of it involving dogs but none were prosecuted.
The rare abuse cases that went to court resulted in
the owners getting off with just a paltry fine."
-Animal Cruelty Laws Need More Bite

******************************************

FB Group:-

Get Dog Abuser Doreen Loo & Allan Tan into JAIL

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Bad parents, we blame you - The Malaysian Insider

Bad parents, we blame you

January 26, 2011

JAN 26 — Thanks to an outbreak of bad parenting, I automatically cringe when I see children at shopping malls.

Invariably, they tend to be little snots. The parents just watch idly as their charges shriek, scream, run, fall and occasionally accost a random passerby.

These aren’t urchins from Charles Dickens’ Oliver Twist. They’re not street children without parents to keep them from running wild. The children have parents and their parents are obviously not doing a good job.

It’s hilarious how I end up exchanging stories with other adults who tell me their own parents would not stand for the behaviour kids get away with today.

All my father had to do was give us a look and we would quieten down. Not so now. I see parents pleading, cajoling and begging their children to behave.

The worst are the ones who act as though their children are doing nothing wrong. God forbid anyone try to set their precious darlings right.

I don’t think corporal punishment is always the best recourse but children need to understand that actions have consequences.

If children are allowed to behave like untamed beasts without check, they will grow up believing that they have carte blanche to behave in whichever way they want.

Why even take children to malls in the first place? Malls are horrible places to take children. They’re crowded, stuffy and, in some cases, even dangerous. Parents these days are far too lazy to think of alternative ways to keep their children productively entertained.

Read to them. Actually play with them. Sing with them, make crafts with them, cook with them or maybe just talk with them. Organise playdates with other parents and maybe take turns to look out for the children while they play.

Please, parents. Stop torturing other people with the antics of your ill-brought up children because they reflect badly on you. You’ll likely be regarded a bad parent and guess what? You probably are.

~Bad parents, we blame you - The Malaysian Insider

* Erna Mahyuni blogs at ernamahyuni.com when not writing for a living or dabbling in the performing arts.

Currently plays too much Dragon Age.

What are the "values" of a PHILANDERER?

"So what is so great about that?
That is your religious value which I don't know.
How am I to know about the religious values when I'm not practising that religion?”
"I have the right to say that it's basic manners to shake hands with people.
That's my values. Understand?
You also must value my value, which is good manners,
which includes shaking hands,"
- Mr. Chua "values" Soi Lek
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'What's so great' about knowing Muslim values? – Chua

Harakahdaily

KUALA LUMPUR, Jan 25: MCA president Chua Soi Lek (right) appears to be on a warpath, defending his criticism of Muslim women who chose not to shake hands with the opposite sex for religious reasons. In an angry reaction to questions from reporters, Chua insisted that the norm practised by many Muslim women to avoid skin contact with the opposite sex during handshake was contrary to "basic culture and manners to shake hands". “I have been in the public life for many years. It's part of the basic culture and manners to shake hands," said Chua, who also scolded a reporter from online portal Malaysiakini, which first broke news of Chua's attack on PAS candidate Normala Sudirman. Chua had poked fun over Normala's preference not to shake hands with the opposite sex, and compared it to a similar practice by PKR president Dr Wan Azizah Wan Ismail. "She will not come here (a Chinese temple), she doesn't even shake hands with the people. I have received complaints about this. “She is like Anwar Ibrahim's wife. She wears gloves when she shakes hands. If you can accept this kind of Islamic values, go ahead and vote for PAS," he said. This was followed by deputy Domestic Trade Cooperative and Consumer Affair minister Tan Lian Hoe of Gerakan lashing out at Normala and saying her practise was proof of PAS's goal to establish "an extremist Islamic state". “This is the most basic thing... Not only men, but when she shakes hands with women, she also needs to wear glove," alleged Tan in the presence of her minister Ismail Sabri. "This is not friendly. It's as if she thinks our hands are dirty... I hope the Chinese voters are careful (with Islamic state). We are very worried about the Islamic state. They want to implement an extremist Islamic state," she added. Chua's comments drew strong reactions from Muslims from both sides of the divide, with many recalling his sex video which exposed his adulterous affair in a hotel room in 2008. Even UMNO deputy president Muhyiddin Yassin chided him for raising religious issues in MCA's bid to convince Chinese voters that PAS would trample on non-Muslim rights. Chua however dismissed Muhyiddin's reminder. "There is no need for the DPM or the media to communicate this to us," an irate Chua was quoted by Malaysiakini as saying. 'What's so great?' Despite the storm, Chua stood his ground, saying there was nothing great about knowing the Islamic religious values. "So what is so great about that? That is your religious value which I don't know. How am I to know about the religious values when I'm not practising that religion?” "I have the right to say that it's basic manners to shake hands with people. That's my values. Understand? You also must value my value, which is good manners, which includes shaking hands," he went on, as quoted by Malaysiakini. Meanwhile, condemnations continue to pour in over Chua's comments, with Selangor speaker Teng Chang Khim saying Chua's ignorance reflected the failure of racial integration as claimed by Barisan Nasional. “CSL says it's not fair for non-Muslim to understand Islamic values. No wonder BN's national integration policy has failed. "CSL now blames the media for the hand shake issue. He never blames his narrow-mindedness and sheer ignorance,” added Teng on Twitter. Perak mufti Harussani Zakaria has also broken his silence, and demanded Chua to issue an apology. “He has to know... he must respect religious practices of others, but if he doesn’t know, that is ignorance. If he knows, but pretend not to, that is insulting Islam," said Harussani, but quickly added he was not supporting the PAS candidate. ============================================ PS Dear Mr. Ah Chua, Please make an effort to learn about the norms/cultures/values of the people you lead. It is quite understanble that a person with your background might have an obsession for "skin". But in your free time, instead of whoring/bonking/shagging or"shaking" other women- just do some reading okay. It is truly shameful that you cou could actually take pride in your ignorance and in offending Muslims, while you claim to lead as a politician ..... but then again, you never knew shame- so maybe you can add one more "value" to yourself through some reading. Then maybe ... just maybe- you may be able to salvage some dignity for the MCA community you helm. PPS Hello Dato Ti Lian Ker - Can you give him some pointers ah? A friendly advice, though, bro- just make sure you're well protected if you do so, okay ... Cheers!

Videos from PAWS Animal Welfare Society, Petaling Jaya: Help Find This Sicko!

(screencapture)

In the space of twenty minutes today, I received this heart breaking video from four very concerned people - Jasmine Lai, Edward Lim, Jeffrey Koh, and Gigi Koe,
asking me to do something about it. Thank you guys, not only for your concern but for not keeping quiet and taking affirmative action.

The truth is, I am as helpless as you are. I was sick to my stomach to watch this and had to stop after awhile as I couldn’t bear to carry on watching.

http://www.facebook.com/video/?upload&canceled&oid=116885061686644#!/video/video.php?v=10150182537064569&oid=116885061686644&comments

The only hope we have of saving this poor little puppy is to use the power of the internet and help to spread this video to everyone in our contact list. Someone out there knows who this sicko is. If you do, please send us his details. You don’t have to identify yourself if you choose not to. We just need this sicko’s identity to save the puppy.

Please, everyone – I’m pleading for you to help viral this video for that little helpless puppy’s sake before its too late.


Dave Avran
PAWS



Videos from PAWS Animal Welfare Society, Petaling Jaya:
Help Find This Sicko!
(please click on Link)

K-point: Palace’s Codswallop, Sycophants Currying Favour And Bob’s Your Uncle

So that we know that as a result of royal patronage, Khusrin becomes the Selangor State Secretary and Bob’s your uncle. And the Palace is talking codswallop. What was said by the Palace that the appointment of Khusrin was in accordance with the Constitution and conventions of the State is unbelievable.

By NH Chan

Pretender Khusrin? @ selangorkini

Why is the Palace talking codswallop, and who is Bob and the sycophants in the K-point affair?

Sycophants currying favour

Fauvel was the French name for the "centaur" (half-man, half-horse) and to keep on the right side of him sycophants would spend time grooming Fauvel. The art of grooming a horse is called "currying". Therefore those seeking to keep in the centaur’s good books were once called "currying Fauvel". Overtime Fauvel became "favour".

On 7 January 2011, Star reported this at page 2 regarding the appointment of the purported Selangor State Secretary:

"I am saddened and regret that many of my statements have been manipulated by irresponsible quarters which had caused confusion among the people," said Sultan Sharafuddin.

The Sultan congratulated Mohd Khusrin on his appointment.

"I would like to stress that the appointment is in accordance with the regulations and procedures of the Selangor and Federal constitutions".

But the real truth is that the supposed appointment of Mohd Khusrin as the State Secretary of Selangor is not "in accordance with the regulations and procedures of the Selangor and Federal constitutions" as claimed by the Sultan. Just because these good Samaritans have criticised the appointment of this person on sound constitutional grounds they have been branded as "irresponsible quarters which had caused confusion among the people". In case you do not already know, most of these good people are practising and accomplished lawyers. Amidst the confusion of differing views about the constitutional legality of the appointment of Khusrin, these dedicated and generous lawyers took on the onerous duty of giving gratuitous service to society so as to apprise the lay public on the correct law applicable to the appointment of the State Secretary of Selangor. Because they are not sycophants currying favour they should not deserve such a vile rebuke from the Ruler. You can read their well considered articles at LoyarBurok.

Bob’s your uncle

This phrase means something that is resolved in your favour without much effort as in, "just send the form in and Bob’s your uncle". Its real origin comes from the promotion in 1886 of Arthur James Balfour to Secretary of State for Northern Ireland. When it became known he was the nephew of Prime Minister Robert Gascoyne-Cecil, the joke circulated that if Robert was your uncle, the deed or deal is as good as done.

On 5 January 2011, theSun in its front-page report carried this:

Royal consent given

PETALING JAYA: Sultan Sharafuddin Idris Shah consented to the appointment of Datuk Mohd Khusrin Munawi as Selangor state secretary as it was in accordance with the constitution and conventions of the state.

So that we know that as a result of royal patronage, Khusrin becomes the Selangor State Secretary and Bob’s your uncle. And the Palace is talking codswallop. What was said by the Palace that the appointment of Khusrin was in accordance with the Constitution and conventions of the State is unbelievable.

Brass tacks

Getting down to brass tacks means that we can now get to the heart of the matter. The term is cockney rhyming slang, in which "facts" are dubbed as "brass tacks".

When it comes to getting down to brass tacks the facts are staring us in the face. We need go no further than Articles 52 and 97 of the Selangor Constitution.

52(1) There shall be constituted the offices of the State Secretary … and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.

It is as clear as daylight that the appointment of the State Secretary "shall be made by the appropriate Service Commission" from members of any of the relevant public services. What is meant by the term "appropriate Service Commission"? For that we have to look at Article 97 of the Selangor Constitution which says:

97(1) There shall be established a State Service Commission whose jurisdiction shall … extend to all persons who are members of the public service of the State.

Article 97(1) confirms that there is in the State of Selangor a State Service Commission which has jurisdiction over all members of the public services of the State. So that "the appropriate Service Commission" in Article 52(1) is the "State Service Commission" referred to in Article 97(1).

Therefore, by virtue of these two provisions of the Selangor Constitution the State Secretary of Selangor is to be appointed by the State Service Commission of Selangor. The Federal Public Services Commission is not the appointing body for the post of the Selangor State Secretary.

So that for anyone to say otherwise is codswallop - the word means "nonsense". It is evident nonsense for anyone to say that the Federal Public Services Commission is the appointing body for the post of the State Secretary of Selangor.

Read more at: http://www.loyarburok.com/the-system/bolehland/k-point-palaces-codswallop-sycophants-currying-favour-and-bobs-your-uncle/