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Lawyer Sues Yahoo for Message Board Name-Calling

Yardboy writes "Yahoo! News has a story concerning one Stephen Galton who has filed a class-action lawsuit against Yahoo claiming the company 'unfairly protected people who post negative messages on its bulletin boards and falsely advertised that it prevents such abusive messages.' Seems he was subjected to name-calling (such as shyster) when he signed up under the username 'stephengalton' in order to respond to a negative post about an unidentified client. As other users chimed in with negative remarks, Galton filed suit against them (it's not clear from the story for what) and sought their personal information from Yahoo via a subpoena. The lawsuit seeks restitution, a permanent injunction and other forms of relief. What's really interesting is all the message board posts relating to the story have been deleted."

26 of 492 comments (clear)

  1. Information by panxerox · · Score: 5, Insightful

    That's the trouble with the internet and it's rapid and massive stream of information, some of it your not going to like. Find other ways than litigation to deal with it, as litigation just shines a 10 billion candlepower light on it for all the world to see.

    --
    "It's so convenient to have a system where everyone is a criminal" - A. Hitler
    1. Re:Information by That's+Unpossible! · · Score: 2, Insightful

      That's the trouble with the internet and it's rapid and massive stream of information, some of it your not going to like. Find other ways than litigation to deal with it, as litigation just shines a 10 billion candlepower light on it for all the world to see.

      Not a problem if you're right, and the guy posting to Yahoo is libeling you.

      Rather than letting 1000 people on Yahoo think Mr. Anonymous is right when he defames me, I'd rather sue him and let that billion candlepower light you speak of illuminate the truth "for all the world to see."

      --
      Ironically, the word ironically is often used incorrectly.
    2. Re:Information by colmore · · Score: 2, Insightful

      Galton only "blew it" if he loses his case and foots a big bill. He's a lawyer. I doubt very much he's sitting up at night really worrying about curbing those mean ol' internet insults. This guy's after the money. Most likely he will get a large out of court settlement from Yahoo, since I'm sure they don't even want to play around with the chance that their message boards could be regulated out of existance.

      --
      In Capitalist America, bank robs you!
    3. Re:Information by the_brat_king · · Score: 2, Insightful

      Where the hell are we given such a right as to "fair treatment and to not be humiliated"?
      While it's not very nice to say that the wanker bastard is a fat shit-shovelling blowhard shyster, if it's your OPINION, you have a right to state it... He has a right to retort, but not to tort. You have no right to not be offended, and arguing any differently would offend me and therefore nullify your argument.

    4. Re:Information by rtechie · · Score: 2, Insightful

      This guy's after the money. Most likely he will get a large out of court settlement from Yahoo, since I'm sure they don't even want to play around with the chance that their message boards could be regulated out of existance.

      Doubtful. Yahoo! isn't going to pay this guy a dime, ever. Paying him off will simply encourage thousands of other people to make similar claims (as undoubtably thousands of people are insulted every day on Yahoo! message boards). Yahoo! has way more money than this loser, who has a case virtually without merit.

    5. Re:Information by BlackHawk-666 · · Score: 2, Insightful

      Whatever happened to freedom of speech? I know you can be sued for libellous speech but I also believe that it would need to be reasonable shown that people would believe this. In any case, calling a fat person fat is not libellous. You might have trouble with shyster since you would need to show they are a shyster, but fuck sakes, he's a lawyer and that is automatic qualification into the shyster category. I'd say that an anonymous posting on a website wouldn't carry the necessary weight to be believable by the common man, and thus wouldn't qualify for libel...but then IANAL.

      --
      All those moments will be lost in time, like tears in rain.
    6. Re:Information by Brightest+Light · · Score: 5, Insightful
      "...still have his right to care about his reputation and not be publicy ridiculized by a bunch of people who has not grown (sometimes mentally) up yet. Your freedom to say things about him stops exactly at the start of his rights to a fair treatment and to not be humiliated."

      What the hell are you talking about, exactly? "Rights to not be humiliated"? What nation do you live in that gives its citizens a right to not be humiliated? The same with a "rights to a fair treatment". Here in America, where I'm from and whose laws I'm basing my statements from; you have a right to state your opinion about somebody or something, as long as its not slanderous or libelous, which only a judge in a courtroom can decide.
      For example, I will now state my opinion that you are an asscandle. That is a pretty fair statement, I think. That statement is not slander, because it was not spoken; nor is it libelous unless a judge decides that I had knowledge that you are in fact not an asscandle, and I made that statment maliciously.

      I know of no "right to care about one's reputation" either, but I will agree with you that people generally expect to be able to defend their reputation. The gentleman in question was at one point called a "shyster". Let's see what dictionary.com has to say about that:

      shyster n. Slang: An unethical, unscrupulous practitioner, especially of law.

      It is my opinion that filing lawsuits against a message board because some of its members said things you didn't like to hear is the action of a shyster lawyer. Despite what you seem to think, people (at least here in America) do have a right to state their opinion, which generally includes ridiculing people, most especially when their actions are deserving of ridicule. Unless its slanderous or libelous (which only a judge can decide), at which point they're open to legal action.

      Your freedom to say things about him stops exactly at the start of his rights to a fair treatment and to not be humiliated.
      It is my opinion that you sir, are an asscandle. Possibly a fucktable as well, depending on your reaction to this post.
      So sue me.

    7. Re:Information by baalz · · Score: 2, Insightful

      Come on, are you serious? Setting aside the fucked up legal system in this country, you're actually saying the laywer has a moral right to not be called names? Don't get me wrong, trolls are only slightly better than lawyers, but Jesus Christ if you're so thin skinned that a 14 year old can make you cry I'm not sure what you're doing on the internet. Gimme a break, you can't enter a flame war than cry foul when the trolls show up. IMHO this is a big part of whats wrong with America. A "right" not to be humiliated in a public place. Gimme a break and learn how to live in the real world. Dealing with rude people is a necessity of living in the modern world, trying to sue them away seems so counterproductive as to be almost a parody.

  2. Protected speech by BWJones · · Score: 5, Insightful

    Yo Stephen! There is this little thing called the First Amendment to the Constitution that has something to do with another something called free speech. Grow up and learn how to deal with the kids on the playground.

    --
    Visit Jonesblog and say hello.
    1. Re:Protected speech by AK+Marc · · Score: 4, Insightful

      Yes, I've heard of them. Yahoo didn't engage in them. So what's your point?

    2. Re:Protected speech by B747SP · · Score: 4, Insightful
      Google and Yahoo can get away with passing the information on without editing,

      Right up until the bit where they set themselves up as editors. Deleting the 'offending' posts, if in fact they have done that, constitutes an edit. Now, they're not intermediaries any more, they're active participants, and they're editors. They put them selves in the sights of some dodgy lawyer as a result.

      this is the single biggest problem that I have with all forms of censorship. Even the stuff that your boss installs to block pr0n and warez and b00bies from the office web proxy. Apart from the fact that those tools fundamentally do not work, he's setting himself up for the one day when poor sensitive Mrs Jones over in accounts catches a glipse of a goatse man or a tubgirl that the filter somehow missed. The shyste^W^W^W^W^W^Wlawyers words go something along the lines of "You undertook to protect Mrs Jones from such horrors when you installed the content filter, and you failed your duty to Mrs Jones when she saw tubgirl. J00 15 ownz3d. Giz bulk cash!".

      Filtering or editing in any commercial and/or public context is just plain dumb.

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      I find your ideas intriguing and I wish to subscribe to your newsletter.
    3. Re:Protected speech by ynohoo · · Score: 2, Insightful

      I don't think spreading irrelevant, reputation-damaging, information is something that should be allowed.

      What are you thinking? That's the business model of the entire tabloid press!

  3. Suing for namecalling? He is a shyster. by OldSchoolNapster · · Score: 5, Insightful

    Seriously pal, your not doing your profession any favors here.

  4. You missed the point by nasor · · Score: 5, Insightful

    He isn't claiming that the critical comments on yahoo aren't protected speech under the first amendment; he's claiming that yahoo failed to fulfill their promise to prevent abusive postings, which doesn't have anything to do with the first amendment.

  5. give me a break by Anonymous Coward · · Score: 2, Insightful

    what kind of example is this for kids. i mean you get called names, aren't you supposed to say "stick and stones can break my bones but words won't hurt me"??? And so you get called a few names, it's not a big deal. Stop being so sensitive and take it in stride. Just because you're a lawyer doesn't mean you can sue the crap out of anyone

  6. wasn't it a lawyer on a newsgroup... by circletimessquare · · Score: 2, Insightful

    who gave us the world's first spam?

    well then, we have divine justice/ karma, or that "first spam post! w00t!" newsgroup lawyer from the early 1990s should have his butt sued too ;-P

    regardless, i really can't get worked up too much about this lawyer's horrible, horrible victimhood, since if the real world effect of newsgroup negativity is as potent as this lawyer might insist, then anyone who has ever been flamed or trolled on slashdot probably has grounds for legal action and or psychiatric counseling too

    right

    hey, found the wikipedia reference to the world's first spam

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  7. Real Info by Valiss · · Score: 2, Insightful

    Do people actually give their REAL info when signing up for an account?

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    -Valiss
  8. Illustrates a huge problem with our legal system by theLOUDroom · · Score: 5, Insightful

    See the problem here is that this lawyer can file total bullshit suits like this with no fear of reprisal.

    This waste the other party's time AND the government's time costing us all money.

    What should happen here is that the first judge to see that paperwork should call him a "stupid crybaby" and fine him several thousand dollars.
    It a shame we can't deal with baseless legal threats the same way we deal with threats of physical violence.
    These types of threats really do hurt people, and the system should take that into account.

    Unfortunately, it doesn't. This is why we have bullshit lawsuits about this like "one click" shopping and the fucking ALT key.
    The end result is that both parties spend a bunch of money on litigation. We as taxpayers spend our money as well, and a couple lawyers who knew full well the suit was bullshit get rich.
    It's bad for everyone but the fucking lawyers. FUCK LAWYERS.

    Are you a "good" lawyer? Then do something about it! Purge the assholes from your ranks!
    Do you think doctors would tolerate this type of behavior within THEIR ranks? You're supposed to be fricking professionals.

    --
    Life is too short to proofread.
  9. Well it was fun while it lasted by serutan · · Score: 2, Insightful

    Unmoderated message boards might be like airlines were in the 1950s. Pay your fare, get on, no hassle. Totally vulnerable to all sorts of mayhem that nobody happened to think of doing.

    The mayhem we are vulnerable to on today's message boards isn't libel, it's litigation brought by people who can't excuse other people for acting and talking like humans. The result is that people are going to have to be hyper-careful about expressing anything negative, like employers being asked about former employees.

    If this gentleman wins his suit(s), imagine how many people George Bush could sue for comparing him with Hitler. Or Courtney Love for calling her a skank? Everybody has the right to their own opinion, as long as they shut up about it.

  10. Re:Let's get this straight. by Anonymous Coward · · Score: 1, Insightful
    How did this comment not get moderated as a troll? It's basically nothing to do with the article in question, contains lots of whining about Slashdot deleting comments (which has only happened when they have no choice) and includes patently ridiculous statements like:

    "remember the Farenheit 9/11 story in which all Republicans were IP banned from posting"

    Right, yeah, because Slashdot maintains a listing of IP addresses tied to political affiliation.

    What a load of nonsense. Mods, YHBT. Do your job.

  11. I hope this douchebag never reads usenet!!! by geminidomino · · Score: 2, Insightful

    His fscking HEAD would explode!!!

  12. Re:Wrong on the facts by Anonymous Coward · · Score: 1, Insightful

    Ok this is bull shit. Does anyone remember the problem of people(not) the government discriminating against lets see here.... sex,sexual preference,race,religion... well you get the idea when it comes to who you choose to rent a place to? How is it that the laws get to dictate who we choose to rent OUR private property to?
    It is because of people standing by and doing nothing or it's because of the "social" attitude of the day.... today we hate Irish tomorrow we hate Blacks day after tomorrow we hate fill in the blank; but because of a legal system that would prefer to make it a crime to exercise ones constitionally right of free choice we are left with more criminals that because they "chose" to break a law lose some constitutional rights.

    EVERYONE is a criminal.... and the reason is that we have too many laws it is only a matter of time before someone find an obscure law that we (un)intentionally broke.

    Or the press gets on a bandwagon about lets "protect" the children and wants to pass a new law against something. How in the HELL did our parents/grandparents ever succesfully raise a child in that kind of environment? Guess they didn't successfully raise the ones making the laws... but if you ask them yes their parents did ok (generally speaking) when they raised them.

    Sorry for rambling on and such.
    And yes
    I am willing to die for your right to disagree with me because to not do so would be admitting that they actually hold power over your thoughts.

  13. Why people don't like lawyers by penguinoid · · Score: 3, Insightful

    I think I know the reason that lawyers are so hated and often seem childish. It is because they try to follow the law to the letter but not to the spirit, and will often sue those that are following the law to the spirit but not the letter. And since our (Awerican) laws are supposedly based on the Bible, I would just like to point out that we are supposed to follow the spirit of the law, not the letter (2 Corinthians 3:6). Why going against the spirit of the law while following the letter seems childish is because that is what children tend to do. Only after growing up a little do people learn that laws are meant to be followed to the spirit; those who don't seem(are?) childish.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  14. Jesus Christ People by TheKingOfTorts · · Score: 2, Insightful

    Why do people act like this says anything about the state of torts in this country? The case hasn't even been TRIED for godsakes. How is it an example of why we need tort reform? Is it because the man has equal access to the courts? Well gee, we should strip him of that too! Hasn't anyone stopped to consider that this man is trying his against a gigantic corporate entity? Even if he had a legitimate grievance (which I concede he does not), he would still be screwed. Cries of tort reform should be addressed at genuine abuses of the system, not this baloney (again, for which the proceedings have not even begun).

  15. Re:Yeah? Someone should talk to the DNC... by newsdee · · Score: 2, Insightful

    AFAIK (journalism class from long time ago) "public persons" have less right to privacy than "private" citizens. The reason being that public people have willingly put themselves in the "vortex of public debate" and thus the law recognizes that they'll get called all sorts of names. This is called the "vortex rule" IIRC.

    Ironically, I wonder if in this case the guy could classify as public person for making such a ruckus... :) If that fails somebody call the supreme court and say that such ruling will have a "chilling effect on the free flow of information".

  16. Bwah he he hah ho! Identities of Yahoo Members. by Orion+Blastar · · Score: 2, Insightful

    Yeah right, Yahoo is so unsecure that people can use an alias to register an account with them. They can sign up for a Yahoo Mail address using bogus info and automatically get an Yahoo Account to use on message boards.

    I wonder what names Yahoo will give that Lawyer?

    Let's see, we have like 38 Bill Gates, 31 Steve Jobs, 26 William T. Kirks, 24 Bruce Waynes, etc. None of them are their real names. Or maybe you can track them by IP address? Yet what if they were using a library, or grade school, or high school, or college system? Get the IPs from Yahoo, track it to their ISP, and then subpeona the ISPs to see who holds the accounts. Stand in line next to the RIAA and MPAA who want the names of IP numbers behind file sharing accounts. Good luck!

    On the other hand, if the Yahoo Member paid for anything on Yahoo, Yahoo then has their billing address, credit card, etc.

    Watch what you say about the lawyer on Slashdot, he may subpeona Slashdot to get the details behind your accounts. See ya in court!

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.