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Harrassment on 3rd party forums and the law

Lorelei Patel
was here
Join date: 22 Feb 2004
Posts: 1,940
08-30-2006 15:49
From: Thorne Kaiser
Usually what someone claims when they are wrong and have no defense..otherwise they'd shut up, prepare a case, and quit cryin'!!! (haha I got that from my brother who is a lawyer..gotta love those lawyers....when they win a case for you anyway)


It's also what a judge says when s/he throws out a stupid lawsuit. Remember: to lawyers, there's no such thing as a stupid lawsuit.
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Vivianne Draper
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Join date: 15 Sep 2005
Posts: 1,157
08-30-2006 15:51
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Thorne Kaiser
Nice Guy
Join date: 29 Nov 2005
Posts: 132
08-30-2006 16:10
From: Lorelei Patel
It's also what a judge says when s/he throws out a stupid lawsuit. Remember: to lawyers, there's no such thing as a stupid lawsuit.

Oh? Did your lawsuit get thrown out? Is this how you would know? haha :)

Calling a lawsuit frivolous is not something that either the plaintiff or the defendant or a bystander can do. Only the judge and/or jury can declare this.

I mean you CAN I suppose, but since no one who is not sitting behind the bench is in a position to JUDGE, then what's the point? If a lawsuit had been filed against someone, it's a serious thing and will be treated as such by the courts...and should also be taken seriously by the defendant.
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
08-30-2006 16:20
As an operator of a third party forum, I have always tried to take the approach of making an effort to contact the individual who is being spoken about in order to give them a chance to respond. Having been on the receiving end of a lot of very harsh and riduclous things said about me, I would much rather have the chance to respond to them than to simply quash dissent. In situations where the attacks have been particularly personal, I have also given the option to have them removed to the person they are targetting. Surprisngly, most people have opted to have it left as is and respond to it, as the attack shows more about the original person making it that it does about who is being attacked.
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Lorelei Patel
was here
Join date: 22 Feb 2004
Posts: 1,940
08-30-2006 16:23
From: Thorne Kaiser
Oh? Did your lawsuit get thrown out? Is this how you would know? haha :)


Uh, no. I have better things to do wth time and money than to fret over someone dissing me online.

From: someone
Calling a lawsuit frivolous is not something that either the plaintiff or the defendant or a bystander can do. Only the judge and/or jury can declare this.


Right. Which is why I said "judge."

But anyway, no judge here that I know of. There's nobody here but us chickens. Why not start a poll... better yet, I will. Look for it :)
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Siggy Romulus
DILLIGAF
Join date: 22 Sep 2003
Posts: 5,711
08-30-2006 16:34
Meh, I think they should just chill the fuck out.

Sounds like they have too much time on their hands.
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MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
08-30-2006 16:36
From: Cristiano Midnight
As an operator of a third party forum, I have always tried to take the approach of making an effort to contact the individual who is being spoken about in order to give them a chance to respond. Having been on the receiving end of a lot of very harsh and riduclous things said about me, I would much rather have the chance to respond to them than to simply quash dissent. In situations where the attacks have been particularly personal, I have also given the option to have them removed to the person they are targetting. Surprisngly, most people have opted to have it left as is and respond to it, as the attack shows more about the original person making it that it does about who is being attacked.
Funny that you would say that Cristiano. I sent you a message on SLU on 6/28/2006 about a post that personally attacked me and I never got a response LOL. The post just escalated.

Just because some idiot has nothing better to do than post stuff about someone on a forum does not mean they want to go around defending themselves.
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Thorne Kaiser
Nice Guy
Join date: 29 Nov 2005
Posts: 132
08-30-2006 16:42
From: Lorelei Patel
Uh, no. I have better things to do wth time and money than to fret over someone dissing me online.



Right. Which is why I said "judge."

But anyway, no judge here that I know of. There's nobody here but us chickens. Why not start a poll... better yet, I will. Look for it :)
I rarely get into these "controversial" discussions LOL... consumes too much energy. Maybe I'll check out your poll in a couple of days. Gotta run.

Good luck with that poll "Lorelei" ;)
Lorelei Patel
was here
Join date: 22 Feb 2004
Posts: 1,940
08-30-2006 16:47
From: Thorne Kaiser
I rarely get into these "controversial" discussions LOL... consumes too much energy. Maybe I'll check out your poll in a couple of days. Gotta run.

Good luck with that poll "Lorelei" ;)


K, maybe I'm dense or whatever, not sure why you put my name in bold and in quotes?
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Gabe Lippmann
"Phone's ringing, Dude."
Join date: 14 Jun 2004
Posts: 4,219
08-30-2006 20:05
From: Thorne Kaiser
If a court subpeonas LL - they have no choice but to fork over your name. That's a fact.


Why reason could be given to force LL to release personal information in a case that concerns a third party forum with unverified accounts?
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Adriana Caligari
Registered User
Join date: 21 Apr 2005
Posts: 458
08-31-2006 00:09
If you are concerned with a 3rd party web-site you can subpoena LL till they have enough to re-wallpaper the office with them - wont do you any good.

You will have to subpoena the web-site in question to get the users IP , then subpoena someone else to attach a RL name to the IP address - then follow it from there.

LL has nothing to do with 3rd party sites - and the fact that someone has used an account name that exists in SL to make the post is totally irrelevant - you might as well subpoena Kmart and ask for details about any customers with the same name.
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Ingrid Ingersoll
Archived
Join date: 10 Aug 2004
Posts: 4,601
08-31-2006 06:36
From: Cristiano Midnight
the attack shows more about the original person making it that it does about who is being attacked.



True.

Being targetted on a 3rd party blog or site is no fun. It puts you in this weird position where you feel you have to defend yourself against some of the most absurd allegations. I've gone through it recently, and I have to say, it completely turned me off blogs. I'll stick to the ones that I know are owned by people have a low tolerance for drama and bullshit. I'm hoping people will quickly figure out which ones are writen by spiteful, busy-body SL divas and which ones aren't. Then we can all compare notes and avoid them.
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Finning Widget
No Ravens in my Mailbox
Join date: 27 Feb 2006
Posts: 591
08-31-2006 07:01
From: Thorne Kaiser
If a court subpeonas LL - they have no choice but to fork over your name. That's a fact.

If you read the post and the 2nd link for CA (where I live too) it defines harrassment clearly. So personally, if I were his/her friend I would look to the law books for how "harrassment" is defined and go from there. Maybe it's not harrassment according to the law depending on whatever was posted about him. Then again, maybe it is.


Which makes it a question of fact, which makes it the purview of the courts. In my opinion. Which is probably consonant with what the law states but is only my opinion and I'm not a lawyer and this is not legal advice.

Subpoenas can also be contested - they do not have to immediately fork over any personal information except in the case of a National Security letter, in which case their choices are limited to staying quiet for the rest of their life or face being waterboarded and electroshocktherapied (Think Lethal Weapon) in Cuba.
Kalia Meiklejohn
You make me itch
Join date: 20 Jun 2006
Posts: 258
08-31-2006 10:56
From: Joshua Nightshade
Oh lord. This won't go well.

No, this won't end well.
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