2.07.2009
I Got Distracted
I saw where a couple in Texas had sued 178 anonymous posters on a web site for libel. That will get a man's attention. It made the news because a Tarrant County judge ordered the "names" of the posters released this week which, uh, makes it a lot easier to sue them.
That story is here.
That's a little weird. Libel suits are hard to win and most comments are libel-proof opinions. "Barry's an idiot" isn't defamatory while "Barry embezzled $1,000 from the Boy's Home For The Blind in Ponder" probably is. But most comments on blogs are just hot opinions containing no assertion of fact whatsoever.
But I wondered who brought the lawsuit because it would be expensive. I mean, the costs alone to have the district clerk prepare the citation and have it served on 178 people is daunting. Then take their depositions? Sheesh. Plus, how in the world can you ever prove who made a post? I'm not sure how a "name" can be released but even is you had their IP address, that just tracks it to a computer and not a person.
Anyway, I wanted to find out who the plaintiff's lawyer was and it turned out to be "William Pieratt Demond". That's an unusual name, and I found one lawyer out of Austin with a match. It looks like he's graduated from law school in the last two or three years ago. But his profile made me stop down. Take a look. I'll be reading his graduate thesis all night.
Uh, you might want to be careful with your comments. :)
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11 comments:
I think the author of liberal comments lacking common sense should be sued.
I would imagine the ol' comment activity will take a plunge for a while.
somebody has some deep pockets filled with money to burn.
i've wondered about this because i've said some things online that, while they're true, were said in a pretty mean spirited way. it's not libel if it's true, right?
When people sue me, I tell them to get in line and take a number...
Umbrella liability + tort reform = bite me!
To anonymous 7:42...
What would make the comment count truly plummet is to make ALL commentators register with an alias. I assure you, the more spineless of the lot would suddenly have nothing to say. I have come to believe, EVERYONE is a bully when they know they can sit, anonymously, behind a computer keyboard and spew their bile and vitriol.
I have to wonder what losses were incurred by the victims of the libel dished out by the anonymous contributors on the blog in the suit. After all, this is JUST the Interweb. People who get their knickers in a twist over the dreck and drivel that goes down on a blog have WAY more problems than to waste time and money worrying about potentially libelous comments.
Incidentally, I still stand by my assertion that ANY chick who is 6' tall and weighs 160 pounds looks somewhat akin to a CHUNKY, femaleish East German shot putter who could stand to lose 15+ pounds.
jus' sayin'
Hey I think I know that guy. He stole a bunch of money from an orphanage back when we were in school.
Maybe instead of studying overseas , he should have checked U.S. law. He could start with the contitution. (hint: check the FIRST part)
Good move Mr. Green. Even 'Joe' would be proud that you cleaned out the crap. OK, just a funny.
Chris
MN
Barron Green is a better long distance runner than Barry Green...sue me if don't like it lawyer boy!
Should have just done what Jay and Silent Bob did. Go door to door and kick every posters ass.
Snoogins!
It is past time someone took on the pathetic bloggers who can slander someone online!
Give me a break.... it's a lawyer who hired a lawyer to sue 178 of his fellow townspeople who will most likely hire local lawyers so lawyers can send paperwork to lawyers who, in turn, will send paperwork for lawyers who, in turn, will send paperwork to lawyers. After three years of doing this, everyone pays their lawyers. The suit is dropped and all the lawyers meet for a beer at Chili's to settle up their windfall. It's called legal extortion and it could happen in Decatur as easily as it happened in Clarksville.
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