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  1. #1
    Join Date
    Jan 2008
    Posts
    7

    Default Chat Room Libel

    I'm in Texas, Plaintiff is in California. I have not found any caselaw that covers this one. It's not your usual online defamation suit. Plaintiff is claiming injury suffered because of allegedly defamatory screen names posted in a chat room. The screen names were spoofing the screen names used by plantiff and did not contain the real name of the plaintiff. As an example, plaintiff's screen name could be "Great6hammer" and the spoof name that is called defamatory would have been "Great6liar" or "Great6pravaricates" or "Great6fool". Are you kidding me? Anyone that's ever been in a chatroom knows this goes on all the time and plaintiff could have left any time. Defendant did not type into the room at all, the name was posted in the roster window that shows the names of the chatters even if they don't chat. I'm sure this is worth a million dollars in a court of law. I have no money, no savings, no house, no insurance, no lawyer and lots of bills so why would someone sue over this?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Chat Room Libel

    Wait...you've actually been served papers for this?

    Or is he - as chat room denizens are wont to do - just threatening to do so?

  3. #3
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Chat Room Libel

    They filed the case against us over a year and a half ago and I have been trying to represent myself all this time.I have not defaulted yet, but, that's probably going to happen before very long. Plaintiffs got the trial date extended and amended the complaint to include another member of my family and my small company.Any pain and suffering the plaintiffs had would pale to what they have caused me and my family. I thought this was America and we had rights, but, it seems like one needs money to be able to fight for them. On top of that, the ISP gave out my identity without giving me notice that they were going to do it. They violated their own privacy policy, state codes and federal codes when they didn't give me a chance to file a motion to quash or a protective order. Notice the big words. A year and a half ago I didn't know what "quash" was. I liked it better that way.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Chat Room Libel

    I'm so sorry you're having to deal with this. As a longtime Netizen (having cut my teeth on Usenet in the '80s), I'm well familiar with people saying things online that they'd never have the courage to say face to face.

    I'm also well familiar with recent trends of threatening lawsuit if someone says something (or even gently makes fun of them) that they don't like. I've never seen an actual suit filed, though.

    The closest lawsuit I've found, in fact, is Gillespie v. America Online. I don't think that suit has even come to trial yet.

    What you need is an attorney. Clearly you're in over your head.

    Try contacting the Electronic Frontier Foundation to see if they can point you to someone who can help. They may even take your case themselves, who knows?

  5. #5
    Join Date
    Jan 2008
    Posts
    27

    Default Re: Chat Room Libel

    Can't the lawyer that took this lawsuit get in trouble?
    I thought that laws changed and lawyers had to be very careful on the cases they took.. In my opinion from what the OP stated, it sounds frivolous?

  6. #6
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Chat Room Libel

    Thanks for the help everyone. I need all I can get. I'm well aware of the old saying about defending yourself, but, I don't have much choice if I don't have any money to hire one. I think this suit is way beyond frivolous and smacks of malicious prosecution. California has passed new codes allowing a defendant to file a case against the Plaintiffs' attorney as well as the Plaintiffs if the court finds in favor of the Defendant. I'll check out the EFF and Gillespie. Thanks

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