Blog Sued over comment left by someone else?

Discussion in 'Blogging' started by sixty6, Sep 1, 2006.

  1. #1
    sixty6, Sep 1, 2006 IP
  2. Roman

    Roman Buffalo Tamerâ„¢

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    #2
    Even if he loses, which I highly doubt, but when you're dealing with lawyers you never know, the press this will get him will surely earn him more than any losses he incurs.

    Anyways, good luck Shoemoney.
     
    Roman, Sep 1, 2006 IP
  3. jdk

    jdk Well-Known Member

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    #3
    He can not be held responsible for comments left by someone else. I know this is the case for forum owners, so I think his lawyers can swing it to include blogs. I am sure the only thing they can do is to have the comment removed.
     
    jdk, Sep 1, 2006 IP
  4. sixty6

    sixty6 Well-Known Member

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    #4
    Yeah it is a stupid lawsuit, but I bet he's going to get a ton of links from bloggers (like me, I plan to blog it soon :p)
     
    sixty6, Sep 1, 2006 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    I hate this type of litigation, and while the site owner is usually immune from any liability, there have been successful arguments when comments are edited. It will depend on the state (libel laws vary), but I know this is why Yahoo doesn't moderate comments (other than for certain guidelines like profanity, etc) on their message board because it could make them liable if they removed some and not others. Yahoo's claim is that they just provide the space and don't act as editors which approve comments. I think shoemoney's blog used to require editor approval - and not knowing anything about this case - some scumbag attorney could argue that shoemoney "approved" the posting (and might have rejected others) and thus assumes some liability. The problem with US law, is that you can spend a large sum of money defending a lawsuit and even if you win, you are not entitled to a penny of your legal fees.
     
    mjewel, Sep 1, 2006 IP
  6. websiteideas

    websiteideas Well-Known Member

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    #6
    You're wrong there.
     
    websiteideas, Sep 1, 2006 IP
  7. mhdoc

    mhdoc Tauren

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    #7
    Actually, i don't believe he said he was getting sued himself. He is getting deposed (testifying under oath) about events on his blog. That's not the same as being sued.
     
    mhdoc, Sep 1, 2006 IP
  8. sixty6

    sixty6 Well-Known Member

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    #8
    sixty6, Sep 1, 2006 IP
  9. sixty6

    sixty6 Well-Known Member

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    #9
    what do you mean? I have no clue on the legal system, can you explain more?
     
    sixty6, Sep 1, 2006 IP
  10. mdvaldosta

    mdvaldosta Peon

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    #10
    I concur, tis what appears to me as well.
     
    mdvaldosta, Sep 1, 2006 IP
  11. mhdoc

    mhdoc Tauren

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    #11
    As part of the preparation for a lawsuit both sides will "Depose" parties which they believe may have knowledge which support their claim(s). That means the party being deposed (Shoemoney in this case) will be placed under oath and required to answer questions from the attorneys in the case. I would presume they would want to extablish proof that comments were actually made by some particular individual and not someone pretending to be him, etc.

    Both sides use the depositions to establish the strengths/weakness(s) of their clients case.

    This is why lawsuits get so expensive. There will be a court recorder, and at least three attorneys present (Plaintif, Defendant, Whitness) so it can easily run $1,000 per hour.
     
    mhdoc, Sep 1, 2006 IP
  12. sixty6

    sixty6 Well-Known Member

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    #12
    Really? Well I changed my blog post now...
     
    sixty6, Sep 1, 2006 IP
  13. poseidon

    poseidon Banned

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    #13
    On digg ppl are talking about link baiting ;)
     
    poseidon, Sep 3, 2006 IP
  14. sixty6

    sixty6 Well-Known Member

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    #14
    what do you mean?
     
    sixty6, Sep 3, 2006 IP
  15. poseidon

    poseidon Banned

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    #15
    Any kind of publicity is good,isnt it ? :) well now ppl are talking about "this" and the ppl involved in the issue are getting lot's of links and popularity.
     
    poseidon, Sep 3, 2006 IP
  16. sixty6

    sixty6 Well-Known Member

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    #16
    Damn, I wish I could get some GOOD publicity to my blog, I barely got any readers :(
     
    sixty6, Sep 3, 2006 IP
  17. chatmasta

    chatmasta Peon

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    #17
    Yeah, shoe isn't the one being sued. It's whoever made the allegedly slanderous comment. Shoe is simply being subpoened (called to testify) as an innocent bystander, and is being asked for his comment logs.

    He's in no trouble at all. If anything, he'll be getting a bunch of free traffic. It's actually how I found out about his blog. :D
     
    chatmasta, Sep 3, 2006 IP
  18. sixty6

    sixty6 Well-Known Member

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    #18
    I wish I could be in his blogroll :( It would then send me a ton of free traffic!
     
    sixty6, Sep 3, 2006 IP
  19. Phynder

    Phynder Well-Known Member

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    #19
    I can sue you - you can counter sue me - and we can have a publicity circus!
     
    Phynder, Sep 4, 2006 IP
  20. sixty6

    sixty6 Well-Known Member

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    #20
    LOL, what if you win the case :confused:
     
    sixty6, Sep 4, 2006 IP