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Lawsuits over internet postings... question.

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Optimus

Diamond Member
On another board I read, there is a member (Let's call his username "Bob99") who was banned by the mods.

A few months later, a new member joins (Let's call his username "Frank101"). Several board people think "Frank101"'s posts are very similar to "Bob99"'s... and they outright accuse "Frank101" of being "Bob99".

Now, "Bob99"uses a friends account and posts that he recommended a parent in a youth group that "Bob99" works with go to the board for some information. "Bob99" says that this parent saw the accusation threads and recognized "Bob99" as the nickname of the real guy ("Bob99"). "Bob99" says the parent then raised questions with the youth group leaders over whether "Bob99" was "Frank101" ("Frank101" had been posting like a total jerk) and whether there should be fallout - apparently they've called a meeting.

Well, "Bob99" ended that post (from a friends account) saying that his attorney is preparing a libel /defamation lawsuit against a list of everyone who posted that "Bob99" and "Frank101" were the same person. "Bob99" seems serious about it and indications from board managment indicate something might actually be starting!

Add in that some of the posters are in Canada and "Bob99" is American.

Is there any chance this could really happen? Or is this total BS? I thought I'd bounce this off ATOT as such a thing, if real, would set a precident that would shut down half the net!

Thoughts?
 
I think something like that would have a .000000000001 % of ever getting filed, then it would be thrown out for stupidity.
 
Total BS in terms of justification. Name cross-reference is pure speculation. Unless Bob99 can prove that others knew that he was not Frank101 he is trying to be an attention getter.
 
Interesting. I'm inclined to say BS, but it should be interesting to see how things transpire. What were the damages, if any? "Frank101"'s emotional distress?
 
i think the only lawsuits over posts i've heard of are ones involving stocks and people trying to manipulate prices.
 
Civil suits can be (and are) filed for just about any reason.

Of course the odds of it actually happening and going anywhere are virtually nil.

Viper GTS
 
"Bob99" should go look up the definition of "barratry."

That said, it's hard to call libel when it's not real names. I mean, I can accuse "Optimus" of actually being "Dezign" but no one is actually injured by that....

But if you're still worried, Robert Novak has been trying for 2.5 years to sue members of a message board and has since filed for bankruptcy and had most of his claims dismissed.

I wouldn't be worried. I'd tell that clown to SUCK IT! I'LL SEE YOU ON JUDGE JUDY!
 
What were the damages, if any? "Frank101"'s emotional distress?
Click to expand...

Well, I suppose if "Bob99" made money from work he did with the youth group (quite possible), and the accusations caused him to loose that money...

can you post a link to that board?
Click to expand...

Sorry, but I think that would be a bad idea... I don't want to add fuel to the fire if there is a chance people really will get sued.

Its just really weird... imagine that happening here - people accuse/insult/etc each other here constantly!
 
Before I go on, let me say that I've seen one too many Internet lawsuits in my time. I am speaking from a position of experience. There are far too many crybabies online who think the law automatically goes their way.
rolleye.gif


I have seen a Canadian court listen to the merits of a case of 3-4 people in an Internet Relay Chat (IRC) channel defaming a fellow chatter by calling him a pedophile, etc. while continually mentioning his real name in the channel. In that case there was substantive defamation taking place against a legal entity, not just some online persona/screen name. That case was settled by means of an apology letter and by paying the court fees of the plaintiff before a ruling ever occured.

You may also want to inform the message board administration of two facts: First, they cannot be held liable for defamatory statements made on the grounds that they are a "publisher" or "republisher" of the information. (Federal law: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.")

Second, message board host have the discretion to keep postings or delete them, whichever they prefer, in response to claims by others that a posting is defamatory or libelous. This right is detailed under Sec. 230 of Title 47 of the US Code of Law.
 
Well... how and why did "Bob99" get banned in the first place? 😉

Unless it could be established as fact that those board members knew that "Frank101" was not "Bob99", then this "lawsuit" would be completely without merit. Otherwise, it could be established that both "Frank101" and "Bob99" had similar and equally objectionable postings and that board members had reasonable cause to think that they were one and the same person.
In other words, "Bob99" brought this on himself when he made the original and earlier postings that got him both banned and a bad reputation.
 
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