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Question about Libel on an online forum

N

natelloyd

Junior Member
I know this is fairly random and seems like it should be obvious...But I'd like some other people with experience to comment.

Message boards get heated - almost by definition. Most of the time, it's filled with kids or young adults. People spout off, call eachother dirty names, etc, but there is never really any real trouble.

Now move the scenario to an all-adult forum that is part of a pay service. Some jaggoff crosses lines and I remove him. That's usually the end of it, but today I got a letter full of legalize crap and a threat for a lawsuit against me as well as a person involved in the scuffle that got him booted. I don't know enough about law to tell him to go screw himself or call a lawyer. Here's the gyst of his claims:

He was libeled.
He wants the "return" of his Intellectual Property (his posts).
He wants punative damages.

First of all, doesn't libel have to be public? This is a by pay only service, only uses first names and city/state, so he hasn't even been identified.

Secondly, I don't think calling someone names (as in "you moron, idiot", etc) counts as libel, as you're not stating anything as truth - you're just being immature, and that doesn't hurt anyone's character.

Lastly, when he posts on my board, doesn't become the property of the site, if so stated in the Terms?

I normally would just laugh it off, but this is a 50 year old retired man with significant wealth... Someone please tell me that this is just a load of smoke he's blowing out his butt.

Thanks for any and all responses....
 
There was a case decided just a month or two ago about exactly this same thing.

Two guys on an Internet forum got in a heated debate, words were exchanged (both publicaly and privately), and one ended up suing the other for libel and winning.

Let me see if a quick Google search brings that up....
 
Secondly, I don't think calling someone names (as in "you moron, idiot", etc) counts as libel, as you're not stating anything as truth - you're just being immature, and that doesn't hurt anyone's character.
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Truth is an absolute defense against libel charges, so let him take his chances on finding a jury of his peers that doesn't agree with the "libelous" statements against him.
 
If it was in the U.S., it may be a little hard to win a libel case since there is a large burden placed upon the person making the accusations.
 
It's in the US (both him and us) so that's good.
and the link... *cough* http://tinyurl.com/l4bo2

Anyone who goes to the link is going to laugh at me.

I just want to keep my job, and I don't know at what point I should bring this up to my boss...
 
http://www.utsystem.edu/ogc/intellectualproperty/libelfrm.htm

http://www.medialaw.org/Content/Navigat...ic_Resources/Libel_FAQs/Libel_FAQs.htm

Does he specify how he was libelled? Was it being called an idiot, or something more serious and specific?
Also, who allegedly libelled him? If it was not an employee of the website (another user), then it is a pretty tough case against the website (i.e. similar to an "Innocent Dissemination").

If the terms of use have a statement regarding ownership of posts, then you should be OK with that.

MotionMan, Esq.
 
7.0 MODIFICATIONS TO SERVICE

Catholic Match, LLC reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you. You agree that Catholic Match, LLC shall not be liable to you or any third party for any modification or discontinuance of the Service.
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You're fine IMO natelloyd 🙂
 
Originally posted by: LanceM
He can bring you to court, but it'd get thrown out right away.
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Maybe if you define "right away" as "after paying a lawyer at least $1,000, if you are lucky".

MotionMan
 
You specifically agree that Catholic Match, LLC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of Catholic Match, LLC's terms and conditions, your sole and exclusive remedy is to discontinue using CatholicMatch.com.
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That's pretty good. It may not keep you from getting sued, but it may keep you from losing.

You agree to indemnify and hold Catholic Match, LLC and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, the Service.
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And you may be able to cross-claim against the other user to get your attorney's fees and costs back!

MotionMan
 
If if you are sued and lose in court the worst that will happen is that the guy suing you will win a judgement against you.

Winning a judgement and collecting a judgement are two different things. 😉 Ask OJ if he is worried about paying off that judgement his ex-wife's family got against him, lol.

Bottom line... don't sweat it.
 
This is America..you can sue anyone for anything...that doesn't mean you will necessarily win, but you CAN bring suit...and requiring you to spend your $$$ for a lawyer makes him win, even if he loses...Your TOS MAY help recover some of your legal expenses, but collecting them may be another story.
 
Originally posted by: natelloyd
I don't know enough about law to tell him to go screw himself or call a lawyer.
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You certainly don't want to antagonize him by writing a nasty reply. Don't feed the bear. His letter may be a bluff and perhaps his one and only. Was it even sent certified? I'd suggest you don't anwer it at all. Until you receive a letter from his attorney or get served I wouldn't bother contacting a lawyer.

Based on the link you provided, can I guess that your best reply if you do answer him is to tell him to, "Go to hell!" ?

 
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