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Craigslist Prankster Sued, Argues DMCA Abuse

destinyland writes "Though Sunday's New York Times dubbed him a spokesperson for internet trolls, Jason Fortuny's just been sued in federal court. Fortuny re-published over 180 responses to a fake sex ad on Craigslist in 2006 — but he's finally been located and issued with a summons. The victim argues Fortuny violated his privacy, and that the photo Fortuny re-published was copyrighted. Fortuny argues he re-published the photo to stand up to the victim's bogus DMCA notice, and that the gullible victim had voluntarily provided the photo. In a motion to the court Fortuny even argues that he helped publicize a privacy risk on the internet, whereas 'bringing legal action against me may punish me, but it won't change or even impact online culture.'"

14 of 478 comments (clear)

  1. Punishment by gnasher719 · · Score: 5, Insightful

    'bringing legal action against me may punish me, but it won't change or even impact online culture.'

    I guess the punishment is what his victims want.

  2. *Sigh* by Tsoat · · Score: 5, Insightful

    Classic forum troll behavior when they get in trouble they are surprised and inset that they were actually helping. He does point out an uncomfortable truth though, there will always be forum trolls to annoy and confound the masses with their stupidity and ill-logic.

    1. Re:*Sigh* by Angst+Badger · · Score: 5, Insightful

      Well, yes and no.

      It's no great accomplishment to trick people if they trust you. You can argue that people should be less trusting -- and I'd have to agree -- but for the hard-core troll, all trust is viewed as weakness, and the position they are taking is essentially that no one should trust anyone, ever. Obviously, society couldn't function in such a scenario.

      At the end of the day, their "help" is not unlike shooting someone and then recommending that everyone start wearing ballistic armor. It's not an illogical suggestion, but it's more efficient to just apprehend the shooter than to supply everyone with armor.

      --
      Proud member of the Weirdo-American community.
    2. Re:*Sigh* by timholman · · Score: 5, Insightful

      It's no great accomplishment to trick people if they trust you. You can argue that people should be less trusting -- and I'd have to agree -- but for the hard-core troll, all trust is viewed as weakness, and the position they are taking is essentially that no one should trust anyone, ever. Obviously, society couldn't function in such a scenario.

      Yet my experience has been that hard-core trolls are generally outraged when the tables are turned and their trust is in turn violated. They can dish it out, but never take it.

      It's impossible to generate an ounce sympathy for anyone in this story. Anyone who would pull such a prank needs a life, a soul, and a conscience to begin with. And any married man who would respond to such an ad is a contemptible idiot by definition.

    3. Re:*Sigh* by phantomfive · · Score: 5, Insightful

      Quote from the Man (Jason Fortuny):

      "Am I the bad guy? Am I the big horrible person who shattered someoneâ(TM)s life with some information? No! This is life. Welcome to life. Everyone goes through it. Iâ(TM)ve been through horrible stuff, too."

      He's been through horrible stuff, so it's ok to put other people through it too. Yeah, life sucks. But that doesn't mean you need to make other people's lives suck more than they already do. The key is to learn to handle the sucky stuff so you don't get hurt, but without hurting other people in the process.

      --
      Qxe4
    4. Re:*Sigh* by sYkSh0n3 · · Score: 5, Insightful

      It doesn't say he's married, but i took "lost opportunity of keeping his family together", which could mean lots of things, as "my wife is leaving me because of you."

      Sounds to me like his wife found out he was trying to pick up women on craigslist. He's blaming this guy for it getting out, instead of realizing it's his fault for trying to screw around. Given the choice between taking responsibility for his actions or suing, he chose to sue. That's the way I see it anyway.

      If this guy was embarrassed about something he's into, taking pictures and sending it over the internet to someone he didn't know was obviously not the right decision. I never thought i'd say this, but for once i'm rooting for the troll.

  3. Re:Troll? No. by bistromath007 · · Score: 5, Insightful

    Right, because the respondent didn't already have problems with his marriage.

  4. No lawyer == supreme stupidity by capt.Hij · · Score: 5, Insightful

    The article does not explicitly say anything about his lawyer, and it sounds like he is doing this on his own. Whether he is right or wrong it will probably not matter unless he can find himself a decent lawyer. Going into legal proceedings without a lawyer is a train wreck in progress.

    The only thing worse than trying to find sex on the internet is to get legal advice on the internet. Either way you are going to receive it the same way.

  5. if you read the sunday nyt article by circletimessquare · · Score: 5, Insightful

    you will note that fortuny has a history of sexual abuse as a child, that his family turned a blind eye towards. which goes far, pop psychology wise, to explaining what would motivate him to do his craigs list "expose": an attempt to find empowerment over an issue which means helplessness to him psychologically

    so, in a way, his trolling is just therapy, catharsis. which is my whole theory of trolling: far from pointless negative and twisted, online trolling is merely a way to jettison asocial impulses harmlessly (relatively harmlessly) on the internet

    having said that, and fully appreciative of the fact that free speech fundamentalists will come out in support of fortuny, i say to you free speech fundamentalists: no law or government can protect you from the consequences of what you say. in other words, there are elements of speech which have every expectation of protection. then there are elements of free speech, that, while a good argument can be made for their official, societal level acceptance, doesn't mean some asshole somewhere isn't going to get upset and try to do something about what you say

    insulting pictures of mohammed, for example. yes, a sound understanding of free speech means that insulting pictures of mohammed should be tolerated. however, a legal, societal understanding of tolerance on this issue does not protect you from the anger of religious fundamentalists who could care less about tolerance

    you don't have protection from the consequences of what you say, regardless of the legal environment. making enemies of random guys looking for easy sex is not a situation where a idealistic expectation of free speech without consequences gets you very far

    remember that about free speech: it has consequences. if you get upset about that idea, or expect government to somehow protect you from the consequences of what you say, you really don't understand the whole notion that with freedom comes responsibility, which is the only notion that will keep speech truly free

    like any right in this world, it carries with it responsibility. shoot your mouth of without any regard for conesequences, and you will discover that consequences happen, that not everyone in society is a tolerant ethical individual

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  6. put more succinctly: by circletimessquare · · Score: 5, Insightful

    if you look for sex on the internet you are getting into legal trouble, and if you look for legal advice on the internet you are going to get fucked

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  7. Re:Troll? No. by Anonymous Coward · · Score: 5, Insightful

    Perhaps she'd have preferred if the rest of the world didn't find out at the same time.

    Perhaps he'd never have gone through with the meeting?

    Perhaps someone else thought it'd be fun to reply to an ad on craigslist in their friend's name and enclose a photo of their friend? That sounds like a pretty likely scenario amongst friends who play jokes on one another. Imagine if one of your friends did that and before you even found it, your 'reply' to a sex ad was posted on an internet site and gathering thousands of hits.

  8. Re:Troll? No. by ShieldW0lf · · Score: 5, Insightful

    Yeah, because trying to find a renter for your spare room or sublet apartment is illegal and immoral. The scam works because they pretend to be a student enrolled in university and ask you to forward the balance of the rubber cheque their "parents" wrote to some third party to pay for books or furniture or some other sort of fee.

    That aside, the guy in question here is a victim of fraud. He responded to someone who put forth that they were a woman looking for a man, except the whole thing was fraudulent, like a sting operation being conducted by someone who has no authority to do so.

    It doesn't matter that he was revealed to be looking for sex. What matters is that he was suckered into having his dirty laundry aired in public while those who would pass judgment on him have their skeletons comfortably locked away in the closet.

    As for the malicious asshole who likes to pretend he's a woman and shame people for recreation, well, he belongs in a shallow grave. He's malicious, and a coward, and a liar, and he screws peoples lives up for sport. I'd quite happily shoot him in the head with my own hand and go back to eating my lunch.

    --
    -1 Uncomfortable Truth
  9. Re:Troll? No. by nine-times · · Score: 5, Insightful

    I'm not vouching for infidelity and don't tell me this prankster was out to do any good. He was doing it to humiliate these people.

    Can't we do both at the same time?

    Honestly, I don't buy that his actions were guided merely by a desire to "do good". On the other hand, it doesn't seem impossible that he imagined this project might have some beneficial effects. It's informative about the lack of privacy/anonymity of online communications. It's discouraging people from engaging in this sort of behavior. It's exposing some creepy individuals for what they are. It's showing some interesting facets of human behavior.

    Yes, it's also humiliating some people. I'm not sure that this in and of itself is an awful thing. Sometimes people should be humiliated when they do something bad or stupid. It sets an example of why you don't do bad and stupid things. The main problem that I see is that it has the potential to be such a far-reaching and long-term humiliation. When something is put on the internet, anyone in the world can see it, and it can stick around forever. Essentially, these guys can never walk into a room for the rest of their lives and be able to trust that the people in that room haven't seen these emails and pictures. That's pretty rough.

  10. Mod parent down by Anonymous Coward · · Score: 5, Insightful
    Wow! Here comes the moral policeman! The victim's action is no way justifiable. But it pales in comparison to what the troll did.

    By the way, do you know what the state of his marriage was? Do you know anything about him at all? But you will happily say that the victim's pain is justified. Come out of your religious conservative rat hole, open your eyes, mind and heart and breathe some fresh air.

    Wish I had mod points today. Posting anonymously not because of fear of -1 moderation but because of privacy concerns.