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Model Drops Lawsuit After Outing Anonymous Blogger
JumperCable writes "The NY Daily News is reporting that model Liskula Cohen, who was suing the 'Skanks of NYC' blogger for defamation, is dropping the lawsuit now that she has outed the anonymous blogger, who is a Fashion Institute of Technology student named Rosemary Port. This brings up the question of potential abuse of the legal system to 'out' anonymous authors even if there is no intention actually to pursue a case against an anonymous individual. Also, according to the article, the outed blogger intends to sue Google for $15 million because it 'breached its fiduciary duty to protect her expectation of anonymity.' Do Web hosting services even have a fiduciary duty to protect their clients, or is this all legal bluff and bluster?" Should such anonymity-busting court rulings include a provision for penalties if the plaintiff does not follow through with legal action after outing their target?
Maybe, it depends on the local laws and the TOS. But they should have such. However, this release was due to a court order.
Great minds think alike; fools seldom differ.
Sorry. "Expectation of anonymity"? Where did that come from? I don't think anyone should ever expect anonymity. In fact, I am becoming more in favor of making everyone use their real name, all the time, to lessen the ridiculous-ness, the hateful content, the juvenile, spiteful posts, that we regularly see on forums. In RL, there is no anonymity. Every action has a reaction. Maybe more people need to learn that.
Can the outed blogger sue the model for something along the lines of SLAPP? Well, obviously you can sue for anything, but is it likely to have the suit stand up in court?
Depending on what she's blogged about in the past, one could argue that being forced out into the open has diminished her chances of seeking gainful employment compared to when no one could just google her name and find that Liskula Cohen is a psychotic skank ho ...
Liskula Cohen was the blogger, right?
60% of the readers believes, that "if you are going to write something, you should have the courage to stand by it by putting your name on it.".
Not necessarily wrong, but considering how much the US is clamouring for people in other countries to be allowed anonymous and secret access to uncensored (but not necessarily unbiased) news, I find it odd that people in the US shouldn't be allowed to express anonymous speech.
Didn't some of the founding fathers publish a series of letters highly critical of the King's government before the revolution?
Sure, they might kill him, but in a society where you can be sued into what is essentially life long indentured servitude with no means of paying off the "damages" you've done to some company by mentioning that they might not look clean to you, wouldn't you rather face death?
it is often the case that someone who wishes to whistleblow on a company dumping into an aquifer, or having proof of a bullshit reason to invade iraq, is pitting themselves against a furious entity with a lot of power. such that you want anonymity ensured in communication channels where individuals are not afraid to speak out against crimes and abuses of the public trust by the government or other powerful entities
of course, the flip side of that concept is you get this ridiculous skankfight and the legal idiocy resulting from that. but protecting skanks from identifying each other is a small price to pay considering the upside of protecting the concept of anonymity
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
The right to speak does not imply the freedom from responsibility.
Should such anonymity-busting court rulings include a provision for penalties if the plaintiff does not follow through with legal action after outing their target?
The answer to that question is, not no, but hell no.
It would be very destructive to make laws that require people to not drop a suit.
(The tag "what could possibly go wrong?" applies here.)
http://www.geoffreylandis.com
and completely morally bankrupt (in your argument here, not in general, no personal attack)
if the first amendment is not vigorously protected from idiotic legal decisions, the entire basis of the society upon which this might legal code rests begins to decay
my use of the term "fiduciary duty" is still 100% fine in this situation, since the use of term is not beholden to a purely legalistic interpretation. all businesses have, indeed, a fiduciary duty (not in legal terms) to protect and foster the trust of their clients, just as you note. that i am not using the term with 100% legality is besides the point, because there is a larger legal issue here in play that must be fought, however shoddy the ammunition
the legal code has no meaning if it corrodes the principles upon which it stands, which, in this case, it obviously does (the first amendment). despite all polemics and verbose gyrations to the contrary, despite the (supposed) legal preeminence of whomever is authoring such polemics
i respect no legal decision that obviously abridges the first amendment, and i expect no one else to either. of course, who the hell am i to declare my moral preeminence here over the decisions of those far more legally learned than myself? lots of people believe in such self-grandiosity, from al qaeda terrorists to morons who shoot abortion doctors. you would and should retort that this is a dangerous position for an obvious legal buffoon like myself to take, without a firm understanding of the subtleties involved. leave the legalities to the professionals
i would respond that normally, yes, it is not my position to speak, but when vital concepts are abridged, it is my duty to speak. the questionable opinions of legal buffoons like myself are moot as long as the legal structure and those charged with upholding the essential principles of the country actually do that job, and do it zealously. they haven't done so here
for the common people such as myself may not be legal scholars, but we're not idiots, and we will not tolerate a clear and obvious stray from a clear and obvious directive, which the ruling that compels google to divulge the identity of blogger obviously violates the spirit of the first amendment, if not the minuscule and mechanical letter of the law
most of the time those declaring their moral ascendency over legal rulings are deluded quacks. but every once in awhile, the system is in error, and the common layperson actually has it right. that is the case with the decision to divulge the blogger's identity: the legal system has failed to hold the most important principles up. and so we legal buffoons take notice, and we should take notice. the stakes are too high not too
so be careful that your fine tuned legal interpretations do not provide you cover for ignoring the most important principles in play here. not that you are doing such a thing, but someone in the system here obviously is. it effects us, and it is important to us, when the first amendment is grossly violated as is the case here. the first amendment should be important to you to
not that i am saying it isn't, but if you think that the use of the term "fiduciary duty" is incorrectly used in the fight against a completely bogus legal decision that obviously, even to a legal buffoon, goes against the first amendment, i would simply ask that you mute your objection in the name of the more important principles in play here
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
That's not a fair comparison at all, unless I missed the part where the plaintiff committed suicide. This sort of shoddy reasoning is exactly why things are going to hell. Additionally being anonymous is different than pretending to be a real person that isn't you and using that deception to willfully inflict harm on others.
In fact I'm not sure that there really is anything at all in common to there besides the net and attorneys.
What exactly was the revenge that the model enacted on the blogger? Did she key her car? Boil her pet bunny? If all she did was get the blogger's name disclosed and ask the blogger to stop, that seems pretty mild and proportionate to me.
Keep in mind that for a model, one's public image quite literally is one's meal ticket. If a blogger suceeds in convincing the public that you are a bad person who should not be emulated, then you are not going to get any more work as a model, ever.
If someone was purposefully and maliciously undermining my reputation, I would probably do the same things this model did -- better that than lose my career to defend some foul-mouthed blogger's alleged right to defame me.
I don't care if it's 90,000 hectares. That lake was not my doing.