User Comments or Submissions

Issue relates to user comments or submissions on blogs, forums, and other websites.

Holmgren v. Murrieta Opinion

Date: 

03/06/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Murrieta Opinion; About Murrieta; Jeffrey W. Kleiner; John Does

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, Riverside County

Case Number: 

RIC494950

Legal Counsel: 

None

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

Roy Holmgren sued the Murrietta Opinion and About Murrieta blogs, as well anonymous operators and/or commenters to these blogs, for defamation in California state court in March 2008. The complaint alleged that the defendants published false statements about Holmgren on the two blogs, including statements that he was a stalker, that he was married to an illegal alien, and that he committed crimes that destroyed property. Cmplt. ¶ 9.

The case did not move forward for several months because Holmgren did not know the identities of the blog operators and commenters. Blogspot, the hosting service for the two blogs, refused to cooperate with Holmgren's request for identifying information.

After some investigation, Holmgren amended the complaint in Sepember 2008, naming Jeffrey Kleiner as the operator of the Murrieta Opinion blog. According to an affidavit, Holmgren mailed the amended complaint to Kleiner, but he has not served or identified any other defendants.

Update:

12/15/2008 - Court issued an Order to Show Cause to Holmgren requiring him to show why sanctions of $150.00 on the 1st Amended Complaint should not be ordered for failure to file proof of service of summons.

Case is ongoing: A case management hearing is scheduled for 8/07/2009.

According to a comment posted below, the plaintiff voluntarily dismissed the case after being unable to locate the defendant.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Update 2/12/09 - VAF

AVM 6-15 - 09 , updated and added court docket link

Priority: 

1-High

Cretella v. Kuzminski

Date: 

02/13/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

David L. Kuzminski

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of Virginia

Case Number: 

3:08-CV-109

Legal Counsel: 

David L. Kuzminski (pro se)

Publication Medium: 

Email
Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (partial)
Verdict (plaintiff)

Description: 

On February 7, 2007, Victor E. Cretella, III mailed a letter to Christine Norris on behalf of one of his clients, PublishAmerica LLP, a publishing company, asserting that Norris had published several defamatory comments about his client, and asking her to stop doing so. (See our database entry, PublishAmerica v. Norris). Initially, Norris refused to comply, but on February 15, after she received a second letter, she agreed to do so, posting a forum comment on the Absolute Write Water Cooler, an online forum for aspiring authors, stating that Cretella was forcing her to stop complaining about PublishAmerica.

The members of the AWWC community reacted quickly and angrily to Cretella’s activity on behalf of PublishAmerica. According to court filings, on February 16, Kuzminski posted a message stating that “it’s time to report Vic Cretella to the Maryland Bar Association for attempted extortion” and that Cretella’s law firm, Gordon and Simmons, “might not want the black[]eye [that] he’s giving them.” Kuzminski also posted a copy of an e-mail that he allegedly sent to Gordon and Simmons, as well as several members of the Maryland State Bar Association, stating that “Cretella seems to be involved in what I would characterize as extortion” and that Cretella is “actively . . . furthering [PublishAmerica’s] unethical[,] if not illegal[,] methods.” Kuzminski added that he “fully intend[ed] to report [Cretella] to the Maryland State Bar Association.” Kuzminski’s comments were quoted in several subsequent messages on AWWC, most of which applauded his reaction.

On February 13, 2008, Cretella sued Kuzminski for defamation in federal court in Virginia, claiming that Kuzminski's accusations were false and defamatory. Kuzminski filed a motion to dimiss, claiming among other things that his statements were merely opinion.

The court dismissed two of the seven defamation counts in the complaint, finding that the statements weren't actionable. But, the court denied the motion as to the other five counts, finding that several of Kuzminki’s other alleged statements – the accusations of extortion and unethical conduct, embarrassment by Cretella’s former law firm, that Cretella took action against another author – all were statements of fact that could be shown to be false. The court reasoned that "many courts have regarded accusations of unlawful activity as statements of fact."

The matter went to the jury. On 2/4/2009, the jury returned a verdict for Cretella in the amount of $236,000. Kuzminski filed a motion to set aside the verdicton 2/10/2009, which Cretella opposed. Both parties have submitted briefs and supplemental briefs on this motion The court has yet to rule.

Update:

9/17/2008 - Kuzminski filed a second motion to dismiss

9/26/2008 - Cretella filed opposition to second motion to dismiss

12/10/2008 - Jury trial scheduled to commence on 2/3/2009

2/4/2009 - Jury finds for Cretella

2/10/2009 - Motion to set aside verdict

2/26/2009 - Opposition to Motion to set aside verdict

4/24/2009 - Transcript of Jury Trial Prepared

5/04/2009 - Supplemental memo in support of motion

5/04/2009 -  Supplemental memo in opposition of motion

7/31/2009 - The court denied a motion to have the jury's verdict set aside as a matter of law, but the court granted defendant's motion for remittitur and reduced the award by $18,000 per count.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Updated 2/26/09 - VAF

Updated 6/15/09-avm

Priority: 

1-High

Subject Area: 

Riddle v. Myers

Date: 

01/07/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Chris Myers; "Another Leverette Teacher"

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Lucas County, Ohio Court Of Common Pleas

Case Number: 

G-4801-CI-200801115-000

Legal Counsel: 

C. William Bair; Fan Zhang; Salvatore C. Molaro

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Steven Riddle, the principal of Leverette Junior High School, filed a defamation lawsuit against Chris Myers, the operator of SwampBubbles, a website that describes itself as " a user centered site dedicated to breaking news and political discussion of Toledo and Northwest Ohio," claiming that the site has been posting items that are "false and defamatory."

According to the complaint, defamatory postings were written by at least three unnamed people in response to a story on the site about a Leverette school employee charged with sexually assaulting a student. 

Riddle also named as a defendant "Another Leverette Teacher," which the complaint did not name.  According to the ToledoBlade.com, the complaint also requested that Myers be ordered to provide facts that would allow Riddle "to identify the persons who defamed him."

Update:

On March 3, 2008, Meyers filed a Motion For Protective Order and in the Alternative, Motion For Summary Judgment.

On September 23, 2008, the court scheduled an oral hearing on Myers' Motion for Protective Order and in the Alternative, Motion for Summary Judgment for October 30, 2008 at 11:00 a.m.

On November 14, 2008, plaintiff filed a notice of dismissal without prejudice which the Court granted.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

To-Do: Get court documents

Priority: 

1-High

Sachay v. Coconate

Date: 

04/04/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Frank Coconate; The Chicago Reader

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Circuit Court of Cook County, Illinois

Case Number: 

No. 2008-CL-003932

Legal Counsel: 

David W. Andich (Chicago Reader); Frank Coconate (Pro Se)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Withdrawn

Description: 

James Sachay, former assistant commissioner of the Chicago’s aviation department, sued Frank Coconate and the Chicago Reader for defamation and false light after the Chicago Reader's Clout City blog published a comment that purported to be written by "Sachay."  According to the complaint, the comment said:

 I am voting for Frank Coconate. I am sorry I challenged his petitions under false pretenses. I am sorry I stole money from Roman Pucinski. I am sorry I got illegal contracts for my son and acted criminally at O'Hare.

Sachay alleges that the comment is false and defamatory and that Frank Coconate, a political rival, posted it.

The Chicago Reader moved to dismiss the complaint, arguing that section 230 of the Communications Decency Act immunized it for publishing the statement of a third party.  In June 2008, Sachay voluntarily dismissed the complaint against the Chicago Reader. The lawsuit against Coconate remains pending.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Puntarelli v. Does

Date: 

05/08/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court, Marion County, Indiana

Case Number: 

No. 49D120805CT20682

Publication Medium: 

Social Network

Status: 

Pending

Disposition: 

Material Removed
Subpoena Enforced

Description: 

Tim Puntarelli, Dean of Roncalli High Scool in Indianapolis, filed a defamation lawsuit against an anonymous Facebook user (or users) who allegedly created a fake profie for him and used it to send inappropriate messages to students.  According to one press report, the lawsuit also claimed that the user engaged in harassment and identity theft.  Puntarelli sought information about the anonymous user or users from Facebook, which resisted this effort. 

The court ultimately ordered Facebook to produce identifying information for its user(s). Facebook removed the profile at Puntarelli's request before the lawsuit was filed.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Priority: 

2-Normal

Chicago Lawyers' Committee for Civil Rights Under Law v. Craigslist

Date: 

02/03/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

craigslist, Inc.

Type of Party: 

Organization

Type of Party: 

Intermediary

Court Type: 

Federal

Court Name: 

U.S. District Court for Northern District of Illinois; U.S. Court of Appeals for the Seventh Circuit

Case Number: 

1:06-cv-00657 (trial); 07-1101 (appeal)

Legal Counsel: 

Eric D. Brandfonbrener, Christopher B. Wilson (Perkins Coie)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

The Chicago Lawyers' Committee for Civil Rights Under Law ("CLC") sued craigslist for violations of the Fair Housing Act ("FHA") arising from its users' postings of allegedly discriminatory housing ads on the popular classfied advertising site.

Craigslist hosts ads posted by its users on websites in many cities, including Chicago. In the CLC's complaint, it cited a number of ads for housing sales and rentals that included references to gender, race, national origin, and/or religion it claimed were prohibited by the FHA.

On April 14, 2006, craigslist filed a motion to dismiss the case, arguing that section 230 of the Communication Decency Act ("CDA 230") provides total immunity against the CLC's FHA claims. The CLC opposed the motion, arguing that Craigslist was not entitled to immunity under CDA 230 because it failed to make a good-faith effort to screen the offending ads.

In November 2006, the district court granted craigslist's motion and dismissed the case.  The court held that CDA 230 protects providers of interactive computer services from claims that require a finding that the provider published third-party content. Because the FHA bans publication of discriminatory advertisements, the court reasoned that craigslist cannot be liable for FHA violations of its users pursuant to CDA 230.

The CLC appealed to the Seventh Circuit Court of Appeals, which affirmed the lower court's ruling in March 2008.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

IT Service Management Forum USA v. Prunty

Date: 

12/07/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

James Prunty, Julie M. Linden, Ph.D.

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

California Superior Court, Orange County

Case Number: 

07CC12728

Legal Counsel: 

Pro se

Publication Medium: 

Forum

Status: 

Pending

Disposition: 

Subpoena Enforced

Description: 

IT Service Management Forum USA (ITSMF), a nonprofit organization supporting IT professionals, filed a defamation lawsuit against its former executive director, James Prunty, alleging that he attempted to discredit the organization by posting comments on the IT Skeptic blog under the fictitious name "Julie M. Linden, Ph.D."

According to an article in Computerworld, ITSMF filed defamation and breach of fiduciary duty claims in California state court based on comments made by "Julie Linden" that accused ITSMF of rigging its online election of board members. The comments also impugned the integrity of the organization and suggested that people should distance themselves from it.

ITSMF initial filed its complaint against Linden, and on January 7, 2008 sought an ex parte order from the court granting it permission to conduct expedited discovery in the case.  The court granted ITSMF's request that same day. Apparently as a result of that discovery, ITSMF filed an amended complaint on June 4, 2008, adding Prunty as a defendant.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Priority: 

1-High

Shy v. Dylan

Date: 

06/17/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Alan Dylan; Jessica Jordan; Does 1-100

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, County of Los Angeles

Case Number: 

BC392796

Legal Counsel: 

Jamey Leonard (First Amendment Project)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

On June 17, 2008, Barry Shy, a Los Angeles real estate developer, and his development company, 5th St Loft, sued Jessica Jordan and Alan Dylan, who reside in a building developed by Shy and allegedly run the website Truedowntown, the "unofficial" site for the Shybary Grand Loft in Los Angeles.  The lawsuit claims that Jordan and Dylan libeled Shy and damaged his businesses by making disparaging comments about him.

Jordan and Dylan are both owners of units in the SB Grand, a prominent development in downtown Los Angeles.  Jordan also runs the website  Truedowntown, which she created to "inspire positive change at the Shybary Grand by identifying issues that need to be dealt with by the board and management company, especially if those issues have ignored California Law." (The suit claims that Dylan also is connected with the website, but Jordan has stated that is incorrect).

According to plaintiffs' complaint, Jordan and Dylan made the following disparaging statements about Shy:

a) Barry Shy is a criminal
b) Barry Shy is a "slum lord"
c) Barry Shy is "dishonest" and only cares about "making a profit"
d) "Do Not Buy or Rent from Barry Shy you will regret it"
e) Barry Shy has broken Federal Laws
f) Barry Shy is a horrible business man with no principals

Although the complaint does not identify where the statements appeared, Blogdowntown, a site that describes itself as a "central point for news and discussion of Downtown Los Angeles," noted that all of the statements were drawn from comments on that site's March of 2006 story about Shy's purchase of buildings in Los Angeles' historic core.  Some of these statements were posted psuedonymously, which likely explains why Shy also named "Does 1-100" as defendants in the suit.

Update:

A case management conference has been schedule for 11/04/2008 at 08:45 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

via RCFP RSS feed

New York v. Tsabar

Date: 

01/23/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Gur Tsabar; Ben Smith; Room Eight LLC; "Republican Dissident," "Dissident Hunter," Does

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Supreme Court of the State of New York, Bronx County

Case Number: 

Grand Jury No. 45278/2007

Legal Counsel: 

Paul Alan Levy and Allison M. Zieve (of Public Citizen Litigation Group); Deepa Rajan; Charles Spada

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Bronx District Attorney Robert T. Johnson issued a grand jury subpoena to New York political blog Room Eight seeking identifying information for several anonymous bloggers and commentors. The subpoena ordered Room Eight operators Gur Tsabar and Ben Smith not to disclose the subpoena's existence -- not even to the anonymous posters -- because doing so could "impede the investigation" and "interfere with law enforcement."

In the disputed posts, Room Eight posters using the pseudonyms "Republican Dissident" (RD), "Dissident Hunter," and "Anonymous" criticized local politicians and Bronx Republican Party officials. According to copies of posts attached to the subpoena, a poster accused Bronx Board of Elections Commissioner J.C. Polanco and board employee Dawn Sandow of having an extramarital affair and other posters accused them of committing misdeeds. Many of the posts focused on Sandow, including one that included a graphic of a witch flying on a broom and told her to "HAVE A NICE FLIGHT" (caps in the original). Other postings attached to the subpoena alleged that Bronx Republican Party official Jay Savino and other local politicians and officials had engaged in fraudulent and illegal activities.

According to Room Eight's court filings, anonymous poster "Republican Dissident" also criticized the Bronx Republican Party for failing to run candidates against District Attorney Johnson, the D.A. who issued the subpoena to Room Eight. However, the District Attorney did not include these posts when he sent the subpoena requesting the information from Room Eight.

Following receipt of the subpoena, Tsabar and Smith sought permission from the D.A.'s Office to notify the anonymous posters about the subpoena so they could object to the revelation of their identifying information. Negotiations between the parties failed, so the non-disclosure demand remained in force.

On May 22, 2008, Tsabar and Smith moved to quash the subpoena in the Supreme Court of New York for Bronx County. They argued that the subpoena threatened the posters' First Amendment right to speak anonymously, analogizing to numerous civil cases protecting online anonymity rights in the context of subpoenas. According to Public Citizen, counsel for Tsabar and Smith, Room Eight also threatened to file a federal suit on the ground that the threat of criminal prosection violated the posters' right to criticized the District Attorney.

After Room Eight filed its motion to quash, Johnson withdrew the subpoena. Public Citizen advised the D.A. that it still would file suit if he intended that the subpoena's non-disclosure language remain in force. The D.A. then freed the defendants to disclose information regarding the subpoenas.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MSM

CMLP Notes: 

Source: Paul Levy, Public Citizen Litigation Group

MCS editing.

Priority: 

1-High

New York v. The Journal News

Date: 

04/14/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

The Journal News

Type of Party: 

Government

Type of Party: 

Intermediary
Media Company

Court Type: 

State

Court Name: 

County Court of the State of New York, County of Rockland

Legal Counsel: 

Mark Fowler, Karen Bekker - Saterlee Stephens Burke & Burke LLP

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Subpoena Enforced

Description: 

On April 14, 2008, the Rockland County District Attorney's Office issued a grand jury subpoena to The Journal News, a daily newspaper distributed in New York and Southern Connecticut that operates LoHud.com, a website providing an online version of the newspaper as well as community forums that post reader comments regarding news, opinion, and subjects of public interest. The subpoena requested that The Journal News provide subscriber information for a user who had posted to one of LoHud's forums using a pseudonymous screen name. To maintain grand jury secrecy, the court documents did not reveal the screen name or the reason that the information was sought.

The Journal News moved to quash the subpoena before a Rockland County court. Relying on Dendrite v. Doe, 775 A.2d 756 (N.J. Super. Ct. App. Div. 2001), the newspaper argued that the court should require the District Attorney to make a heightened showing of need and demonstrate an evidentiary basis for requesting the information in order to overcome First Amendment protection for anonymous speech. The court denied the motion to quash, ruling that it could could dispose of the case without adopting the Dendrite standard because the District Attorney had made a heightened showing of need through in camera testimony. 

The court directed The Journal News to comply with the subpoena by May 28, 2008.

Jurisdiction: 

Content Type: 

Subject Area: 

Associated Press v. Drudge Retort

Date: 

06/10/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Rogers Cadenhead; Drudge Retort

Type of Party: 

Media Company

Type of Party: 

Individual

Legal Counsel: 

Ron Coleman - Goetz Fitzpatrick LLP (GC for Media Bloggers Association)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed

Description: 

On June 10, 2008, the Associated Press ("AP") sent a takedown request under the Digital Millennium Copyright Act to Rogers Cadenhead, the founder of Drudge Retort, a liberal alternative to (and parody of) the well-known Drudge Report, demanding that he remove six user-submitted blog entries and one user comment on the site that contained quotations from AP articles.  

The Drudge Retort is a community site similar to Digg and Reddit, allowing its users to contribute blog entries, comments, and links to interesting news articles. According to Cadenhead, none of the six posts republished the full text of an AP story; instead, each contained quotes ranging in length from 33 to 79 words (although the posts have been removed, Cadenhead has provided a summary of them here).

While the June 10, 2008 takedown request from AP only mentions copyright infringement as a justification for the removal, a June 3 letter sent by AP's Intellectual Property Governance Coordinator, Irene Keselman, also asserted a "hot news" misappropriation claim:

Please note that contrary to your assertion, AP considers that the Drudge Retort users' use of AP content does not fall within the parameters of fair use. The use is not fair use simply because the work copied happened to be a news article and that the use is of the headline and the first few sentences only. This is a misunderstanding of the doctrine of "fair use." AP considers taking the headline and lede of a story without a proper license to be an infringement of its copyrights, and additionally constitutes "hot news" misappropriation.

It doesn't appear that AP is continuing to pursue a "hot news" misappropriation claim against Drudge Retort.  This little known legal doctrine, which saw its genesis in 1918 in International News Service v. Associated Press, 248 U.S. 215 (1918), seems to have fallen out of favor because the 1976 Copyright Act preempts all legal and equitable rights that are equivalent to the exclusive rights offered by federal copyright law. As a result, in National Basketball Ass'n v. Motorola, 105 F.3d 841, 844 (1997), one of the few cases to address a "hot news" claim, the Second Circuit set an exceptionally high standard for such claims to be viable, requiring, among other things, that the information be time-sensitive; the defendant be in direct competition with the plaintiff; and the continued publishing of the "hot news" would so reduce the plaintiff's incentive to produce the product or service that its existence or quality would be substantially threatened.

On June 16, 2008, the New York Times reported that AP was reconsidering its request while it creates a set of guidelines for bloggers and websites that excerpt AP material.

Update:

On June 20, 2008, Cadenhead and AP announced that they had settled their copyright dispute.  As of June 23, the six posts remain inaccessible.

Jurisdiction: 

Content Type: 

Subject Area: 

Eclipse Aviation Corporation v. John Doe

Date: 

04/14/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

John Doe; Jane Doe; Google Legal Support, Blogger CMCA Complaints

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Santa Clara County Superior Court

Case Number: 

108CV110380

Legal Counsel: 

Warren Stephen Jacobson; Norman Malinski

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Eclipse Aviation, a manufacturer of "affordable" jets, recently sent a subpoena to Google seeking to uncover the identities of 28 users who posted on the blog Eclipse Aviation Critic NG, which Google hosts on its Blogger service.

The subpoena, which includes a colorful list of pseudonyms such as "Turn-and-Burn," "Bill E. Goat," and "Niner Zulu," does not state why the information is necessary. AINonline, an aviation news site, reports:

According to Eclipse president and CEO Vern Raburn, the Albuquerque, N.M. aircraft manufacturer has been irreparably damaged by the “lies” posted by anonymous visitors on the blog, and he seeks to unmask them via the subpoena. But the blog hasn’t been far off the mark on several occasions, suggesting that some of the anonymous posters might be Eclipse employees who could be breaking a non-disclosure agreement signed when they were hired.

According to news reports and comments on Eclipse Aviation Critic NG, the website operator, Shane Price, and the impacted users plan to file a motion to quash in Santa Clara Superior Court where the subpoena was filed.

Update:

May 8, 2008 - "John Doe" filed a motion to quash the subpoena

August 2008 - After a change in company management, Eclipse withdrew the lawsuit.

Jurisdiction: 

Content Type: 

Subject Area: 

Matrixx Initiatives v. Barbary Coast Capital

Date: 

02/11/2005

Threat Type: 

Subpoena

Party Issuing Legal Threat: 

Matrixx Initiatives, Inc.

Party Receiving Legal Threat: 

Barbary Coast Capital Management, LLC; Stephen Worthington

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

California Superior Court, Santa Clara County; Court of Appeal of the State of California, Sixth Appellate District

Case Number: 

102-CV-813627 (trial level); H028699 (appellate level)

Legal Counsel: 

Erick Howard, Robert Schaberg - Shartsis Friese LLP (for Barbary Capital); David H.S. Commins - Commins Templeton & Webster, PC (for Stephen Worthington)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Description: 

Anonymous users posted negative comments about Matrixx Initiatives on the Yahoo! Finance and Silicon Investor message boards. Matrixx filed a lawsuit against the anonymous "John Doe" posters in an Arizona court alleging defamation and other claims. Matrixx received information from Yahoo! that some of the postings could be traced to computers owned by Barbary Coast Capital Management, LLC, a San Francisco hedge fund. Matrixx got permission from the Arizona court to take a deposition in California of Stephen Worthington, a manager at Barbary Coast. During the deposition, counsel for Matrixx asked Worthington about the identity of the anonymous posters, and he refused to reveal their identity or to say whether he was one of them. Matrixx obtained an order from the Santa Clara Superior Court in California requiring Worthington to answer the questions.

Barbary Coast and Worthington appealed the trial court's decision, claiming that it violated the posters' First Amendment right to speak anonymously. The appellate court affirmed the decision of the trial court, holding that Barbary Coast and Worthington lacked the standing to assert the First Amendment rights of the anonymous posters.

Jurisdiction: 

Content Type: 

Subject Area: 

Nemet v. ConsumerAffairs.com

Date: 

03/17/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

ConsumerAffairs.com, Inc.

Type of Party: 

Individual
Organization

Type of Party: 

Organization

Court Type: 

Federal

Court Name: 

US District Court for the Eastern District of Virginia

Case Number: 

1:08-cv-00254

Legal Counsel: 

Jonathan D. Frieden; Sean P. Roche (Odin, Feldmen & Pittleman PC)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Nemet Chevrolet and its owner Tom Nemet filed a lawsuit against ConsumerAffairs.com, a consumer ratings site run by former reporter James Hood, for publishing user complaints against his company. Nemet claims the postings published on the site constitute defamation, tortious interference with business expectations and violations of the Lanham Act.

According to Nemet's complaint, visitors to the website fill out an online complaint form, which the editors check for defamatory content before publishing. One disputed user complaint alleges that the company had reneged on a promise made by one of its salespersons to a customer. Another customer posting quoted in the complaint asserts that the company sold the car to her at an inflated price. Nemet maintains that these and other statements are defamatory. 

Nemet's complaint also alleges that the website's name "Consumer Affairs" is misleading and deceptive in violation of the Lanham Act, because it misleads members of the public into believing that it is a government body.

On April 14, 2008, defendant filed a motion to dismiss or strike the complaint, arguing that it has immunity from defamation and tortious interference under section 230 of the Communications Decency Act. It also argued that plaintiffs had failed to state a Lanham Act claim, because Nemet has no rights to the trademark "Consumer Affairs." The court set a motion hearing for May 16, 2008 at 10:00 AM before District Judge Gerald Bruce Lee.

Update:

6/18/2008 - The district court granted ConsumerAffair's motion to dismiss or strike the complaint.

7/15/2008 - The district court granted Nemet Chevrolet's motion for leave to file an amended complaint.

08/04/2008 - ConsumerAffairs filed a motion to dismiss or strike the amended complaint.

9/11/2008 - The district court granted ConsumerAffair's motion to dismiss or stike the amended complaint.

9/25/2008 - Nemet Chevrolet filed a notice of appeal.

12/29/2009 - The Fourth Circuit affirmed the lower court's dismissal of the case.

Jurisdiction: 

Content Type: 

Subject Area: 

Ancel v. Bowles

Date: 

03/05/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Adrian Bowles and Ronald Wimer

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Description: 

Amy Ancel, a local politician in Connecticut, posted a comment on WestportNow.com, a community news site in Westport Connecticut, in which she accused two users of the site of libeling her. The disputed comments occurred in a series of comments relating to the relocation of a local YMCA in which two users of the site, Adrian Bowles and Ronald Wimer, criticized her and questioned Ancel's placement of signs opposing her political opponent.

In a March 5, 2008 comment on the site, Ancel wrote:

[C]onsider this my notice to you and Mr. Wimer to cease and desist libeling me in this website, the newspapers, the Water Rats Parents’ Club website “Mahackeno Now,” Politicus Machamux and any other publications you and Mr. Wimer author or have access to. My next notice will come from my attorneys.

As of June 16, 2009, it appears that no action has been taken by any of the parties.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/02/08 (AAB)

Status checked on 6/16/09 (CMF)

Higher Balance Institute v. Signs of the Times

Date: 

02/25/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Quantum Future Group, Inc; Quantum Future School; Signs of the Times; Laura Knight-Jadczyk

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Oregon

Case Number: 

3:08-cv-00233

Legal Counsel: 

Walter Hansell; Stephen Kaus

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

On March 13, 2008, Higher Balance Institute (HBI), which markets metaphysical products and education programs, filed a defamation lawsuit against the alternative news website Signs of the Times and its operators, the Quantum Future Group and Laura Knight-Jadczyk. Only Quantum Future Group has been served. HBI claims that employees of the Quantum Future Group posted defamatory statements about it on one of the website's forums. According to the complaint, these statements include allegedly false claims that HBI is a "front for pedophilia," that HBI is "conning the public," that meditation, as sold by HBI is an act of "falling into confluence with a psychopathic reality," and that HBI is a "cointelpro" organization. Cmplt. ¶23. (The Signs of the Times website uses the term "cointelpro" to refer to organizations that it claims perpetuate the ethos of a 1970s FBI counter intelligence program designed to quell domestic dissent.)

The complaint, filed in federal district court in Oregon, contains claims for defamation, false light invasion of privacy, and intentional interference with business relationships and prospective economic advantage. HBI seeks over $4 million in damages and an injunction. On April 25, 2008, Quantum Future Group moved to strike the complaint pursuant to Oregon's anti-SLAPP statute, Or. Rev. Stat. § 31.150.

Update:

4/25/2008 - Quantum Future Group filed motions to dismiss for failure to state a claim on which relief can be granted and for lack of personal jurisdiction.

5/19/2008 - Quantum Future School, Signs of the Times, and Knight-Jadezyk filed special motions to strike the complaint under Oregon's anti-SLAPP statute and joined Quantum Future Group's motion to strike. 

12/18/2008 - The district court granted the defendants' motions to strike the complaint under Oregon's anti-SLAPP statute. The court's decision relied in part on section 230 of the Communications Decency Act.

06/18/2009- The court granted in part the defendants' motion for attorney's fees. The court found the request of over $135,000 to be excessive, and so awarded $51,500.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: User submission (both Contact form and in a blog comment); Google Blog Search

Status updated on 1/5/2009 (SB)

Updated 6/24/09 AVM - I added information about award of costs. 

Kansas University v. Lawrence Journal-World

Date: 

12/10/2007

Threat Type: 

Criminal Investigation

Party Receiving Legal Threat: 

Lawrence Journal-World; LJWorld.com

Type of Party: 

Government

Type of Party: 

Media Company

Court Type: 

State

Court Name: 

Douglas County District Court

Legal Counsel: 

Bernard Rhodes

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

On December 10, 2007, an investigator with the Kansas University Office of Public Safety delivered a search warrant to the Lawrence Journal-World, a highly regarded newspaper in Lawrence, Kansas, demanding access to the newspaper’s computer servers. The search warrant, issued by Douglas County District Judge Stephen Six, sought information about the identity of an individual who had posted anonymous comments on the newspaper's website, LJWorld.com.

Investigators were seeking the identity of a user who had posted comments on the paper's website under the screen name "a2thek." The pseudonymous user had commented on an article about a Kansas University student who was found dead in a KU dorm room, indicating that the death was heroin-related.

According to the Lawrence World-Journal, the investigator left before executing the warrant:

When presented with the search warrant, the newspaper was given the opportunity to call its attorney [Bernard Rhodes], who contacted the district attorney’s office and the court to object to the search warrant. During that time period, the KU investigator left the Journal-World offices without executing the search warrant and did not return.

Rhodes stated that he believed the search warrant was issued contrary to the federal Privacy Protection Act, which restricts the ability of law enforcement to conduct searches of news-gathering organizations.

On January 6, 2008, after the paper made the search warrant public, a2thek posted a follow-up comment apologizing for providing inaccurate information in his earlier comment:

This infomation [sic] is not 100% correct and I would like to take some time to apologize for any mis-information. The guy that works with me I overheard in the bathrool [sic] making this speculation of what actually happened so I dont [sic] know if it's actual fact or hearsay. I do once again dont [sic] want to draw any lines or conclusions being I really dont know anything about all of it and I think the guy at work was just an aquitance [sic] and went to school with the guy and that's what he heard. I guess when a autopsy is performed that will get you the answers that your looking for. Sorry for all the misleading info once again.

Jurisdiction: 

Content Type: 

Subject Area: 

Mayhew v. Dunn

Date: 

11/16/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

David Dunn; Lise LePage and Christopher Grotke d/b/a/ Musearts Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court, Windham County, Vermont

Case Number: 

580-11-07 Wmcv

Legal Counsel: 

Jim Maxwell (for LePage and Grotke), Jesse Corum IV (for Dunn)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

Chris Grotke and Lise LePage, co-founders and owners of iBrattleboro.com, a citizen journalism site based in Brattleboro, Vermont, were sued on November 16 for libel based on a comment submitted by one of the site's users. The lawsuit, brought by Effie Mayhew, alleges that David Dunn, the former executive director of Rescue Inc., an emergency medical services organization where Mayhew works as a volunteer, libeled her in a comment on the site.

According to the complaint, on September 30, 2007, Dunn authored an article in which he

states without specificity general sexual liaisons are being conducted on the premises. Then he names Ms. Mayhew, further stating that she is conducting an "affair" with a "married member of the Rescue, Inc. board of trustees" indicating that this behavior was happening during "on call" hours at the agency.

The complaint doesn't appear to make any allegations that Grotke or LePage authored the allegedly defamatory statements, only that they failed to edit or remove the comment. As a result, Grotke and LePage are almost certainly shielded from liability under section 230 of the Communications Decency Act ("CDA 230").

Under CDA 230, "[n]o 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." This immunity preempts state law causes of action, like defamation claims, that are based on "publisher" liability. Moreover, immunity exists even if a defendant edits comments (so long as the edits do not materially change the meaning of the statement) or otherwise exercises discretion in selecting which comments to post or remove.

Update:

12/3/07 - Defendants Grotke and LePage filed motion for judgment on the pleadings

3/18/08 - Court dismissed action under CDA 230 as to defendants LePage, Gotke, and MuseArts Inc.

9/2/08 - We were informed that the Court dismissed the remaining claim against David Dunn 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

User Feedback

CMLP Notes: 

To-Do: Get order dismissing David Dunn

User submitted (by email)

Sorenson's Ranch School v. MySpace

Date: 

07/31/2006

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Sorenson's Ranch School; Shane Sorenson; Jill Sorenson

Party Receiving Legal Threat: 

MySpace, Inc.; John Does 1-10

Type of Party: 

Individual
School

Type of Party: 

Individual
Intermediary

Court Type: 

Federal

Court Name: 

United States District Court for the District of Utah

Case Number: 

2:06CV00632

Legal Counsel: 

None

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Withdrawn

Description: 

Sorenson's Ranch School, a rehabilitation center and school for troubled youths in Koosharem, Utah, along with two of its officers filed a defamation lawsuit against MySpace and 10 unknown John Doe defendants claiming that a MySpace page had been set up in which users criticized the school's operations (the page no longer exists).

In the suit, the school alleged that MySpace and some anonymous users published statements falsely indicating that the Sorensons engaged in child abuse, employed underqualified staff, and engaged in false advertising. The plaintiffs also claimed that the defendants used "vulgar and inappropriate language" and otherwise made defamatory statements regarding the school.

The complaint asked for $125,000 in damages and an injunction against further publication of the defamatory comments.

There is no indication in the case docket that plaintiffs served MySpace with the complaint, and no defendant filed an answer. About four months after filing the complaint, with no further filings or motions occuring in the case, the plaintiffs filed a notice of voluntary dismissal.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

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