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Monday, October 24, 2016

“Shaggy schmuck” can be interpreted as an insult and as a compliment”

A rap battle between the stars of Russian hip-hop can go in court. Decl filed against Busta sued for a million rubles for the phrase “shaggy schmuck”, the last is used in correspondence in social networks. Basta agreed to come to court, but asked for linguistic examination. VZGLYAD conducted a survey of lawyers and linguists to find out how these demands are legitimate and what are the parties chances to win.

The conflict between the two musicians has lasted for more than a month. According to the records in Twitter account Kirill Tolmatsky, made on August 27, he wouldn’t have loud music in the club, which is owned by the production center and the record label Basta “gas Tank”. The rapper wrote on the social network, adding a replica of the strong language that dances till the morning sleep disturbed, he and the other residents of the area.

“We need to figure out in what context the expression”

As informs TV channel “360”, in response to 28 Aug Vakulenko publicly called a colleague “hairy dick” by writing a suitable post in his microblog. To date, it has not survived.

According to RIA “news” referring to the press Secretary of the Basmanny court Juno Tsarev, now Decl demands from Basta to disprove them information, and to recover from him compensation in the amount of 1 million rubles. In turn, Basta said it will participate in the hearing, but it is necessary to conduct a linguistic examination.

As told the newspaper VIEW one of the most famous Russian linguist, doctor of philological Sciences, Chairman of the Board of the Guild of linguists-experts on documentary and informational disputes Maxim gorbanevsky, in all such cases it is ambiguous and need to install the circumstances under which the expression was written.

“It is important to prevent systematic errors and to determine in what context it was spoken word or phrase, explains linguist. The word lives only in context. Being taken out of context, it a comprehensive meaning is not. This also applies to the expression “shaggy schmuck”. What we have in dictionaries, is some approximate reference points the values you can have in the context of the overall text.”

“Overall, the text may be small, be it a paragraph, or, on the contrary, more in the form of a document, song, hymn, etc. So when we do research, we always emphasize that the word, being a direct and lively part of the context, takes on all possible nuances of meanings only within this context”, – the expert continues.

“With regard to linguistic expertise, if such an issue as the involvement of the person responsible, stood before us, we would have done the research and provided his results to the high court,” concluded gorbanevsky.

The head of the Moscow bar Association “Dobrovinsky and partners” Alexander Dobrovinsky in this case, the idea of linguistic expertise support because, in his opinion, you need to understand that behind these words lies. He also casually shared his opinion, as it may end the process if it starts.

“Indeed, the saying “shaggy schmuck” can be perceived as a insult and as a compliment. I do not know. Depends on whose side will be a good lawyer,” said the lawyer, talking to a journalist of the newspaper VIEW.

“As for mental suffering on one million roubles, probably, the moral man suffered the money. And, if he proves that, for example, it did not happen erection that night, and pay still had, it is true that one million roubles, probably, will have the defendant pay in case of loss. And so I do not quite understand where did this number”, – concluded the expert.

After it became known about the fact of filing a lawsuit, but before the official confirmation by the judiciary, Basta reiterated his tweet, calling decl “hairy dick” in the next (third in history) times.

As the lawyer said Cyril Tolmatskogo novel Lalayan in an interview Life.ru his client doesn’t need the money. He wants Basta issued a public apology.

“But if the person is not ready to apologize for the words that he utters, he will be responsible in cash. We felt that this tweet is worth 1 million rubles. And every next tweet will cost the same amount,” – said the defender.

At the same time, he added that the amount of the claim will not increase. The lawyer considers this behavior unacceptable celebrities with hundreds of thousands of subscribers in social networks. As explained by Roman Lalayan channel “360”, in this case we are talking more about creating a precedent for the protection of honor and dignity for the insult in the Network.

As for the claim that in the coming days, the judge must determine whether it corresponds to norms of the law and there are no errors in it. After that will be a decision to refuse or accept the application for consideration.

Note, public relationship between rappers rather intense. In 2015, after the interview Tolmatskogo edition Rap.ru where he criticized the label “Basta”, Vakulenko called a colleague a “hairy dick” for the first time. But then from the decl response followed.


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