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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.'"

19 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. EPIC LULZ by Anonymous Coward · · Score: 5, Funny

    OMG getting sued is such epic lulz for a troll, right?

  3. *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.

  4. Punishing one criminal by gurps_npc · · Score: 5, Interesting
    NEVER changes or impacts the culture.

    But if you punish enough criminals, you DO change and impact the culture.

    This man is damaged piece of crap. I feel sorry for him, having been abused as a child, but that does not excuse him taking out his crap on the rest of us.

    He is a semi-professional 'troll', going around pissing people off and laughing at them.

    He routinely engages in low-level criminal actions, knowing that he is unlikely to get caught and arrested for doing things that are the equivelent of spray painting a car.

    I hope he finally gets what he so richly deserves, legal punishment.

    --
    excitingthingstodo.blogspot.com
  5. Re:Troll? No. by bistromath007 · · Score: 5, Insightful

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

  6. 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.

  7. 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
  8. 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
  9. 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.

  10. 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
  11. Re:Troll? No. by 0100010001010011 · · Score: 5, Informative

    The comedian was Tom Mabe, the album was A Wake Up Call for Telemarketers

    Only place with samples I've found were on Rhapsody. Scroll down to the "Hotel Calls". They're not as funny as some of his other stuff where he just outright leads a telemarketer on, but they're funny in the sense of, you can tell the guys are tired as hell and they're getting a taste of their own medicine.

    Here's a press release from before the album was made: http://www.reversespins.com/telemarketing.html

  12. 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.

  13. Actually, that's a related technique by Moraelin · · Score: 5, Interesting

    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.

    Actually, no, that's (as in many other cases) just a thin veil for another time-honoured troll technique: adding (more) insult to injury by blaming their victim.

    E.g., the "it's your fault if you can be insulted in the first place" idea was even featured in a recent NYT article, linked to on /. too. See, suddenly it's not him who's being a troll by calling the journalist incompetent, it's the journalist's fault and revealing that he got "defensive" by asking, "why? what did I do?" In reality, the trolls themselves are very quick to get insulted too. The pointing out that "shortcoming" is really just a way to heap extra insult on the victim.

    E.g., in this case, it seems to me like the same applies. The whole "raising awareness" is just a thinly veiled way of saying "it's you who's gullible." It just adds that extra jab.

    I mean, if you think about it, it doesn't even try to look at all helpful or believable in that role. The excuse boils down to, basically, "I'm an arsehole and doing X just to show that arseholes exist and can do X." Where X was actually pretty obvious to everyone in the first place.

    If he thinks that that kind of behaviour is actually helpful, then I offer to raise his awareness to the fact that he can have his head bashed in with a brick in a sock, by demonstrating it on you. Hey, I'm just being equally helpful. It's just teaching him to watch his back ;)

    If it's not an extra jab at the victim, then I'm seriously curious what kind of a deranged mind would think that that's being helpful.

    It's not even some online phenomenon. People do things on trust every day IRL too. E.g.,

    - if you ever had a photo of your girlfriedn naked, or conversely she had one of you, then one of you trusted that the other won't use it in some humiliating way

    - you leave your home unguarded, on the implicit assumption that the neighbours won't then bash your door in and steal all you have

    - you pay with a credit card at a restaurant, basically trusting the waiter to not copy the data and make other purchases with your money

    - you hop in a taxi and, essentially, trust the guy or gal that he won't kill you and dump your corpse at the first oportunity to do it unseen (more than one girl guessed wrong there, and got raped before being killed too.)

    - you give a 50 euro bill to a taxi driver for a 11 Euro trip, and trust him that he'll give you 39 Euro back. He _could_ just say, "what? you gave me nothing" and even call the cops, and it's your word against his.

    - when you open your front door for the mailman or some utilities guys, you trust them to not mug you and rob you instead. (Again, some people guessed wrong there.)

    Etc.

    We _are_ "gullible" like that, because nobody can live in a bunker and guard their back 100% of the time. So we have some laws against those kind of things, _and_ we essentially trust people at least to not be the stupid kind of predators. You know, the kind which gains disproportionately little compared to the harm and penalties, or even makes a personal loss in the process too.

    You trust, for example the taxi driver to not shaft you out of 50 Euros, because, frankly it's not worth it. He can only do that a couple of times, before he makes a much bigger loss than that.

    And some people trusted a perfect stranger with their photos, because it wasn't obvious what he'd have to gain by using them.

    And he's raising awareness to what? That he's a prime example of an arsehole who does it just for damage sake? I don't need anyone was that blissfully ignorant to that possibility.

    So, again, it seems to me that the whole thing was just one last jab at the victims.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  14. How not to respond to a lawsuit by Anonymous Coward · · Score: 5, Informative

    If you look through the court documents, the plaintiffs had quite some difficulty serving Jason Fortuny. They finally had to resort to emailing him, which isn't normally proper service. However, Fortuny took the emailed complaint and posted a story about being sued. That showed that he knew about the complaint, which gave the plaintiff ammunition in requesting that the court accept the emails as adequate service of process.

    Fortuny's subsequent letter was not well received by the court:

    Jason Fortuny ("Fortuny") sent a letter to the court, and also to counsel for the plaintiff, explaining his position in regard to this case. The court cannot entertain letters. All communications with the court must be by motion or formal pleading, properly filed and served. Although Fortuny states that he does not have the resources for legal proceedings in another state or for a lawyer, that is not a valid basis upon which to seek dismissal of the case. However, the court construes the letter as a motion to dismiss for lack of jurisdiction pursuant to Rule 12(b)(2) and a motion to dismiss pursuant to Rule 12(b)(6) and directs the plaintiff to respond accordingly. The Clerk shall file the letter in the court's electronic docket as a motion.

    The court recommends that Fortuny file a pro se appearance form with the Clerk. If he does not, he will not receive notice of documents filed in the case or upcoming court dates. He can obtain the necessary information about filing an appearance from the Clerk of the Court or from the pro se help desk. In the interim, the Clerk is direct to mail a copy of this order to Fortuny ...

    Jason Fortuny is well on his way to losing this case through a default judgment. At they very least, he could have gotten a half-hour of legal advice for only $35 if he had tried looking for a lawyer. A half-hour of advice would have been enough to help him avoid making some serious mistakes from the get-go.

  15. 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.