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  1. #21
    Join Date
    Apr 2008
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    Living Happily Ever After with my hubby Dan, with Law Researcher Missy on the side
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    75

    Default Re: MySpace Harassment

    Quote Quoting Happy Trails
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    That is an excellent idea, but it may be too personal.

    If the OP could convey more of what is going on, no one should give the OP false hope that she has options to take action under the law.

    However, I liked the advice on possibly being able to do something if they are violating the TOS rules.
    It's not a false hope. She has the option of filing a police report with the local jurisdiction regarding online harassment. And I repeat: Unless there is a crime of destruction of property or threat to human life, chances are very low that anything will be done about it.

  2. #22
    Join Date
    Jul 2006
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    2,652

    Default Re: MySpace Harassment

    Quote Quoting Soft_Touch
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    That is not what the statute says nor is it how they have been interpreted. When you hit "post" on the internet, you have electronically "sent" the communication.
    I would be interested in case law where what you state backs up this remark, but perhaps it should be started in a new thread so this one doesn't get too confusing for the OP.

  3. #23
    Join Date
    Aug 2007
    Location
    Texas/Tejas
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    1,879

    Default Re: MySpace Harassment

    Quote Quoting Happy Trails
    View Post
    I would be interested in case law where what you state backs up this remark, but perhaps it shoud be started in a new thread so this one doesn't get too confusing for the OP.
    It's common knowledge. Police aren't gonna wast their time on this crap! If they did, they must be really, really bored.

  4. #24
    Join Date
    Jul 2006
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    2,652

    Default Re: MySpace Harassment

    Quote Quoting blueeagle
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    It's common knowledge. Police aren't gonna wast their time on this crap! If they did, they must be really, really bored.
    I agree, and until we know that there is a crime, sending her to police may be sending her on a wild goose chase.

    She should try and handle it with MySpace with the advice that Soft_Touch gave.

  5. #25
    Join Date
    Apr 2008
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    Living Happily Ever After with my hubby Dan, with Law Researcher Missy on the side
    Posts
    75

    Default Re: MySpace Harassment

    Quote Quoting Happy Trails
    View Post
    I agree, and until we know that there is a crime, sending her to police may be sending her on a wild goose chase.

    She should try and handle it with MySpace with the advice that Soft_Touch gave.
    Okay...can I try this a different way?

    The police report is not done with the expectation that the police would do anything other than take down the information and assign it a number. The police report is future protection in case the person behind it escalates into something else- it's good to have a record. Yes, to expect the police to file charges and prosecute for violation of the harassment statute on the basis of a Myspace page with unkind/untrue comments would be as you say "a wild goose chase."

    The thing you do to get something to happen now, ie get the pages taken down, is contact Myspace for the TOS violation.

    Is that better?

  6. #26
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: MySpace Harassment

    Yes, that is better.

  7. #27
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: MySpace Harassment

    One more thing on MySpace - they seem to act much more quickly if the takedown request involves copyright (e.g., a photograph that you own, but they have posted on the fake page) as opposed to harassment. For a copyright violation, if one exists, you serve them with a DMCA notice as explained on their site.

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