An interesting thought: can one be held legally responsible for comments on a website? If you started a "John Doe beats his wife" website I could see that, but what if you made the same kind of comment in a thread on 40/42?
I doubt he'll win. He'd have to prove malice. Then again, he probably doesn't have to win. He'll use the legal system to cost someone a bundle. Personally, I think if you sue someone and lose, you should have to reimburse them for having to defend.
If the other party can show the suit was frivolous, the court can award costs, including attorney fees.
I think the precedent was already set in court? Can't remember the case name, but almost identical situation. Illinois tenants, particularly one, was sued over comments posted on the internet and they paid for it. The anonymity of internet forums is out of hand for some people who think they can say anything they want. More suits like this may lessen the amount of offenders? If you leave the path of decorum, bring your wallet!!
If what the people are posting are true to the best of their knowledge he will not win. Regardless of who pays for it. If he loses he should have to pay the money back.
I agree, truth is a full defense to a defamation lawsuit. And if they can prove it, they should counterclaim for attorney fees.
He wants NAMES Remember that no lawsuit has been filed as of yet. The blog operator has been subpoenaed to produce the NAMES of the bloggers. That may be all he really wants to know?
They have a right to privacy. Until he does file. there is nothing the court will do. Unless he is a memeber of the good ol boys in that county. If that forum is like this one. It isn't a public forum. It's private by membership. So if this person was told of these things third party. He doesn't have a leg to stand on.
I wonder if the people who posted the comments even used their real names. If not, Mr. Slu....I mean, the ex-commissioner would have to subpoena IP addresses, then go to each ISP of each commenter and subpoena account holder names. As mush as I despise big ISPs like TWC, VZW et al, I doubt they'd just hand out that info like candy.
Well you can go to certain websites and they will tell you who the ISP are and the contact info for that vendor. Specifically for this type of thing. But you will have to have a court order. If a judge granted a court order for something like this. I would seriously have the judge, DA, and anyone else involved investigated by the SBI.
Right, finding someone's ISP is relatively easy. Compelling an ISP to divulge a real name and physical address is different.
