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BYE BYE GAZA - Barry Chamish

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133<br />

133<br />

provocateur." I viewed the trial as nothing but a nuisance<br />

because Eskin's claims were so stupid. Quoting a nearly<br />

seven year old paragraph which appeared in an obscure<br />

American web site with no Israeli readers, this liar claimed<br />

that he was damaged. And it only took him seven years to<br />

feel the pain.<br />

My attorney, Dov Eben-Or wrote my defense argument and<br />

quoted Israeli law which puts the onus of responsibility on<br />

the publisher in such cases, not the writer.<br />

So what did Judge Chaim Lakhovitzky do? He changed the<br />

law. In an incredibly long-winded ruling, he declared that<br />

because the Internet is based on forwarded messages, web<br />

site owners cannot be responsible for damages the way a<br />

newspaper is by law. From now on in Israel, writers who post<br />

on the Internet are liable for any message they write.<br />

I raced to Dov's office to see the protocols. They made<br />

incredible reading. They were not merely wrong, they<br />

recorded the exact opposite of what I actually testified to. Not<br />

only did I testify that I could not know if I sent the 'offending<br />

paragraph' to the obscure web site, I took special pains to<br />

stress that I owned no web site, thus I did not publish on the<br />

internet, I merely write on it. The protocols changed my<br />

testimony drastically, having me admit to publishing on the<br />

internet.<br />

No wonder it took a week to release the verdict. The time<br />

was needed to rewrite the court records to make the ruling fit<br />

the law.<br />

But I had an advantage. A friend sat with me at the trial and<br />

was a witness to the forged protocols. Dov spoke to her and<br />

she agreed to sign a declaration that the court protocols had<br />

nothing to do with my testimony.<br />

Time was tight. The Hebrew Book Fair had just begun, and I<br />

would be manning a booth for the next nine working days.

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