Slashdot Mirror
MySpace Not Guilty in Child Assault Case
An anonymous reader writes "The Washington Post reports that a Texas judge dismissed a $30 million case against MySpace for their role in a child assault case. 19-year old Peter Solis lied about his age on MySpace to gain the confidence of a 13-year old girl. The judge ruled, 'To impose a duty under these circumstances for MySpace to confirm or determine the age of each applicant, with liability resulting from negligence in performing or not performing duty, would of course stop MySpace's business in its tracks and close this avenue of communication.'" What do you think? Good call?
So, now that we have seen "common sense" used in a court case, can we use this as precedent for all future rulings?
There is no mod option "-1: Disagree" for a reason. "Overrated" is not an acceptable substitute. Post something instead.
What do you think? Good call?
Is the phone company responsible for verifying the age of people talking so a 19 year old can't lie to a 13 year old and then commit a crime? How about newspaper personal ads, are the newspaper's responsible? What ISPs who provide e-mail accounts? You know those companies that create voice boxes for people with throat cancer? Are they responsible for verifying the age of the person using them so they cannot be misused for this same purpose?
Blaming the medium or the tools is just plain stupid. This was, of course, a correct decision
This is like suing blockbuster because my membership card says "Gulliver" (which isn't my name - but they didn't check!), and somebody were to accept my (written in ink) blockbuster card as some form of ID. Say the bank were to loan a hundered thousand dollars to "Gulliver McMadeUpName", and then sue Blockbuster when I defaulted.
This was a ridiculous and frivolous suit. MySpace has no obligation to verify the truth of any information any random person posts. They aren't bondsmen.
The ramifications if this were taken seriously would be huge. Every web forum, including slashdot, would have to perform thorough background checks with 3 forms of government ID, before accepting members.
I don't need no instructions to know how to rock!!!!
Although the judge's conclusion was correct, the reasoning he applied was flawed: it's not that MySpace shouldn't be liable because its business model depends on it, it's that MySpace shouldn't be liable because it's the parents' responsibility to care for their kids, and MySpace isn't anybody's parent.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
I really want to know more about the psychology of this and how it comes about. I mean... who wants to be with a 13 yo anyway? Though, 19 meh... I have known 19 year olds who have dated 13 year olds, its usually a case of an overly marture 13 year old and an immature 19 year old. Hell, one of my best friends today was 19 and dated my sister when she was 14 and going on 15.
:)
I can attest that at 19, he wasn't quite at her level then. At 28, he still isn't now, but thats another story
But I digress... and far. This is an issue of assault more than age. Who cares how old he was? What he did was wrong at any age where the person can tell right from wrong. I really don't see how age verification will help. 13 year olds arn't that hard to talk into doing things that their authority figures don't approve of, hell he might have had an easier time with his real age... 13 year olds think 19 year olds are cool and mature.
The reason I say I want to know more about it, was I saw those dateline shows where they caught and outed a bunch of guys who did this stuff and interviewed them. It was sobering. Sobering that it was happening, and sobering to see these guys interviewd.
They seemed.... mostly normal. The only thing really different about them seemed to be that they seemed rather socially undeveloped. I really got the feeling they were going after young easily influenced girls because, they seemed to lack the social skills to get a girl their own age. As a slashdot geek, I am pretty familiar with some of the behavious.
I guess what bugs me, is I saw myself at different points in my life in their stories and thought, that with a slightly different values, and influences in my life, could I have been one of these guys showing up at a 13 year olds house with a six pack of cheap malt beverages?
While its easy to deamonize people who try to do, or do bad things, and we have to deal with this from a criminal justice standpoint when it happens. However, shouldn't we be looking at our society and how we can help to not create people who are in the situation where a 13 year old starts to look like a viable option?
It seems to me like these guys needed something. It wasn't a 13 year old girl they really needed, but it wasn't anything that time in jail was going to fix either. Most of them had even seen the show in the past, so the threat of incarceration certainly wasn't stopping them.
I think it behooves us to understand these issues at a deeper level, and try to solve them from their source rather than their symptoms.
-Steve
"I opened my eyes, and everything went dark again"
Myspace is not liable for this any more than the phone company is liable for the prank and threatening phone calls. I don't know about the rest of the /. community, but I am dead tired of the continuous attempts to impose liability on the carrier for the content. This goes to the very core of undermining the openness and freedom of the internet, as a neutral medium for communication and sharing of information. Verdict for the plaintiff would have been a horrible precedent.
This is a sick thing that happened and I think the guy should be jailed for life or worse but, what were the parents doing?!? I have to teenagers and while I won't delude myself in thinking I know everything that goes on in their lives, I have a fair idea about most of it (I hope).
I am in my son's WOW guild so I know them, I play Halo on occasion (it sucks getting my ass kicked so much) with him and his other friends. They are welcome in my house as long as they follow the rules.
I know my daughter likes manga, anime, country music, who her friends are, know their names and individual interests etc. etc.etc. Quality time is total b#$$s%^&, you have to spend time with them and know what is going on in their lives.
Wonder if her parents ever looked at her MySpace to see what she thinks, likes or is worried about...
MySpace it not at fault here, something is/was going on in that girl's life that put her in a position to want to go off and meet someone without telling her parents or at least without escort. The ball was not in MySpace's court.
I'm glad a judge had common sense on MySpace's behalf. People want to shift blame to the medium used for the meeting, not the people in the real world who are at fault. The only people to blame in this case are the parents and the guy who committed the crime. It was the parent's job to know what their child was doing and to prevent her from meeting people like this. The world is full of bad people, but it's the parent's jobs to protect their children. Of course, this in no way removes responsibility for the crime from the guy. All I'm saying is that HE is responsible for committing the crime and the parents are responsible for not preventing their child from falling victim to him.
Actually, the guy didn't lie about his age - the *GIRL* did. She was 13, but claimed on MySpace - and presumably, in person - that she was 18. Kinda puts his actions in a different light, doesn't it?
-Hentai [in vita non pacem est]
Race statistics on current Texas death row inmates:
i me/murder_homicide.html
:D
http://www.tdcj.state.tx.us/stat/racial.htm
Compare that to the race statistics for murders nationwide that *should* be available here:
http://www.fbi.gov/ucr/05cius/offenses/violent_cr
I say should be because I can't currently view the page...my office's content filter doesn't like it. It should show that roughly half the murders committed in the US were committed by blacks, the other half by whites. Hispanic is not considered a race by the FBI, and are grouped in with whites--you'll need to account for that when viewing the table in the first link.
It would appear that the death row in Texas fairly accurately reflects national murder trends, with blacks grossly overrepresenting themselves by commission of the crime.
Tangent: There are roughly six times as many whites in the US as there are blacks. According to the FBI statistics, they split the murder statistics equally...making a black person six times more likely to commit murder than a white person. Of course, some 85+% of their victims are black; as a white man, I'm six times more likely to be killed by a white person.
Right now some people who know me by a different name from a different web forum just figured out who I am
120 characters for a sig? That's bloody useless.
Black people get blamed for a lot they didn't do and can't afford fancy overpriced lawyers the whites can. Is it any wonder we blame them for murders they didn't commit to ease our own burden?
Uh huh. So basically five out of six black convicts were framed for crimes committed by whites? Gotcha.
For proof, look at any confirmed serial killer, they are always white. Now ask yourself why that isn't the case in normal murders. Does it make sense? No.
Hyperbole, and grossly inaccurate. It's hard to get good statistics on serial killers, but I'll agree that whites dominate the category. Of course, serial killers are a specific kind of murderer with radically different motives than an armed robber or jilted lover. The profile for a serial killer generally indicates a measure of wealth...it seems that poverty produces few serial killers. Last I heard, blacks were three times more likely to be poor, so of course their serial killer rates are low.
Like with Hurricane Katrina, it takes disasters like this to show how rasist society really is. When a cop is looking for a murderer, he's 10x more like to detain a black person than a white person. Now ask yourself why do all the convicted "murderers" are black.
Proof? Proof? Proof? (/Ben Stein)
I suspect if you could administer a 100% accurate lie detector test, the black populations would be cut by 80% in prisons and the white population would skyrocket.
And I suspect if you actually put any stock in what you were saying, you wouldn't be posting AC. I also strongly suspect that all your statistics are hand-delivered by a proctologist...they were too deep for you to find without help.
Here's my typical rant on this topic:
There is a culture in America that appeals to the poor urban population, a population that is steadily becoming black in most of the country. It's a culture that glorifies violence, demonizes education, and preaches that success can only be had through conflict or physical prowess. It, like a lot of cultures born out of poverty, keeps those born into it uneducated and poor. The difference between this and other poverty cultures is that violence is a major part of daily life, and that is carried by those who rise out poverty--just look at professional athletes and rap stars. Because this culture maintains ignorance and preaches oppression, no outside influence is going to undo it. It's up to the millions of blacks in America who want the same things the rest of us want to put a stop to the cycle of poverty, ignorance, and violence that is plaguing them as a people.
120 characters for a sig? That's bloody useless.
I find it sick that parents will try to cash in on their own failure as parents and the misfortune of their child. Why seek 30 million? Why not seek criminal charges if they truly feel the operators of myspace were resp for what happened to their child? 30 million is a money grab. Seeking criminal chrages is seeking justice. Two very different things.