URGENT: Person Filing Multiple False DMCA Takedowns, Stalking, Threatening, Fat

Discussion in 'Legal Issues' started by Zachary Lassiter, Nov 29, 2010.

  1. #1
    So A few weeks ago I published a story about a doctor who got busted by the FBI looking at child pornography... his friends started threatening me and I published the names of those that were threatening me and publically stated they were defending an admitted child porn lover (he has admitted guilt).

    At this point I used a picture under fair use laws of the individual that was doing the most threatening. He sent a DMCA Notice about the picture, and in the notice accused me of raping a sister I don't have. My server was down for thirty six hours before it was turned back on and Because of the drama my host gave me 24 hours to find alternative hosting as they wanted no part of it.

    Now this person is threatening to accuse me of rape very publically. I believe this meets the criminal defintion of stalking in Michigan but this individual lives in new york. Should I file for a personal protection order? Should I call the police? Should I ignore him? And yes hes fat.

    To read more go to:
    http://www.aspieweb.net/joe-mele-sends-low-blow/
    http://www.aspieweb.net/dr-dubin-criminal-complaint-from-court/
    http://www.aspieweb.net/joe-mele-child-autism-nick-dubin-arrest/

    I need advise urgently.... what should I do?

    I would like to add that I don't have money to hire a lawyer... so don't just say go talk to a lawyer.
     
    Zachary Lassiter, Nov 29, 2010 IP
  2. averyz

    averyz Well-Known Member

    Messages:
    1,228
    Likes Received:
    167
    Best Answers:
    2
    Trophy Points:
    115
    #2
    Taken from your other thread.

    People have already given you advice on this and you think you have it all covered and figured out so why are you starting a new thread ? Your links you have posted go to a site with pop up ads is that why you are starting threads to drop links and throw ads at traffic?

    If you don't have money for a lawyer Why create legal problems? I don't think you pop up ads will pay for them.

    Hint #1: People use the word "accused" for a reason
    Hint #2: Don't steal images and then post them on your website
     
    averyz, Nov 29, 2010 IP
  3. Zachary Lassiter

    Zachary Lassiter Active Member

    Messages:
    212
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    50
    #3
    Using an image in a news story is fair use.... its been proven time and time again in the courts.
     
    Zachary Lassiter, Nov 29, 2010 IP
  4. Laceygirl

    Laceygirl Notable Member

    Messages:
    4,617
    Likes Received:
    188
    Best Answers:
    1
    Trophy Points:
    250
    #4
    Don't call the cops.

    Think about the profit.

    You should go find a lawyer if you have proof that he said you are a rapist. That is called slander. Before you get heavy into this you'll have to be sure that you were actually releasing news as opposed to slander yourself or you'll both get fried in court.
    Make some money out of the deal.
     
    Laceygirl, Nov 29, 2010 IP
  5. Roshawn

    Roshawn Peon

    Messages:
    39
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #5
    i agree haha with Laceygirl
     
    Roshawn, Nov 29, 2010 IP
  6. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #6
    Forget getting a lawyer to sue someone based on a threat to do something. What are the damages you are going to show based on a threat? You would be out more in legal fees than you would be likely to collect. It is extremely rare to have a slander criminal case and you would have to take civil action. If you don't have any money for an attorney, you should really consider if you want to consider to pursue this or keep the information online. "Fair Use" is a possible defense, but if you are sued, you are going to need to prove it in court by spending thousands of dollars in legal fees (tens of thousands could even be possible). Even if you win, you are out those legal fees. If you lose, you are going to be out even more money. You are going to have to prove that these people you claim threatened you - and you better be sure you can as you went out and published their information. If they used a fake name or you can't prove it, you could be in a world of hurt. A protection order isn't worth squat if this person wants to do harm to you. I think you should just move on - nothing good is going to come out of this.
     
    mjewel, Nov 29, 2010 IP
  7. Law-Dude

    Law-Dude Active Member

    Messages:
    285
    Likes Received:
    12
    Best Answers:
    0
    Trophy Points:
    85
    #7
    What kind of assets does the sender have? There is a rather famous case where attorneys' fees were awarded for a false DMCA takedown notice in addition to other damages. It might be possible to find a lawyer who defers the payment requirement and lets you pay when the judgment is collected. Most attorneys would probably want assurance that they would be paid by ensuring that the case is a slam dunk and that the defendant has enough assets to cover the attorney fees.

    It seems that the person sending the notices has a bit too much free time on their hands, though, so I will assume they don't have a job and this option might be somewhat of a stretch.
     
    Law-Dude, Nov 30, 2010 IP