Happy Lawsuit Thursday!

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Dave

Dave

Staff member
So I wake up this morning to the following email:

This email is in regards to a reply to one of the threads on your website '[thread name redacted]' one of your members. In reply ###, [USER] posted on the [date redacted] a comment regarding myself. In which he says ' international criminal [name redacted]. If he's not a criminal, he must be a peodophile or a 'free range rooster...[name redacted], free range rooster, you know it's right.'

This is defamation of myself and a breach of the forum rules '7. Trolling...making uncalled for personal attacks'. Please supply me with his IP address and name-registered details. My lawyer has advised me that your forum is responsible for the defamation and slander. I also request you to remove this posting from your website. Please reply to [email redacted].
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My response to this so far:

Mr. [name redacted],

First, I'm going to assume you are who you say you are. I am doing so because I doubt anyone else would bother with such an off-the-cuff comment on a random message board. I'm going to assume this even though your email address has nothing to do with the actual name M****** ******* and is issued from a generic ISP instead of a company account or another identifiable address.

Let me address first the issue at hand and then the actions that have been taken or will be taken.

The quote below is taken completely out of context and you even cut the post itself up in such a way as to make it look as bad as possible. The original post ended with the line "...I Googled it, so you know it's true!" This is an obvious attempt at humor and deriding the way that the public takes things they read on the internet as truth - regardless of the voracity of the information. Much like you are doing by sending this email to me. The post was obviously not a serious attack and was therefore not deemed to have broken the rules which you have quoted.

Still, we try and make our community one which people will feel comfortable visiting. I have removed the offending post in deference to you. What I will not do at this time is to supply you with personal information on a user. This information is confidential and will not be released.

Humor is a very interesting animal, especially when you do not have the additional visual cues of body language or audible inflection and speech. Because of this I fully understand your misconception and it was because of this understanding that I removed the original post, even though it is more a case of miscommunication than defamation.

I am glad that we could resolve this issue and apologize for any unintended insult that one of my users has given.


-David Nihsen
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Bottom line is, this is a guy who appears to be sue-happy. He's sued Google & Yahoo over things that he finds when he searches for his own name. Not sure what other lawsuits he's filed.

I'm not really worried as this seems to be scare tactics. The quote was nothing like what he put in the email. It was taken out of context and chopped up like it had been through a Cuisinart.

Note to self: Check to see if there's a disclaimer on the site about not being responsible for what the posters say...

God I love this job sometimes.
 
Math242

Math242

huh, this information should be leaked to the /b tards.

i'm pretty sure you would never have to worry again
 
Andi

Andi

Yay, I'd say: **** *** ***** ****, ***** ***** *****! **** **** ** ************* **** *****, *** ***** ******* ** **********!

I censored myself in order to avoid any further lawsuits, but rest assured, what I typed were very, very defamatory and insulting words aimed at defaming and insulting this lawsuit-happy guy!

ooooops... am I in trouble now?
 
Krisken

Krisken

Bua ha ha ha! I do not laugh at your frustration with dealing with stupidity (because this guy is obviously a few nuts short of a Chex Mix, but at the audacity of it.

Is this the first time you've gotten an email of this kind? We're hitting the big time!
 
Andi

Andi

Krisken said:
Bua ha ha ha! I do not laugh at your frustration with dealing with stupidity (because this guy is obviously a few nuts short of a Chex Mix, but at the audacity of it.

Is this the first time you've gotten an email of this kind? We're hitting the big time!
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Yeah, I'd say, any more of such mails, and Halforums will make national or even international news! And then some!

I feel famous already!
 
Covar

Covar

Any thoughts I want to the post on the subject would most likely break the forum rules, and bring you more trouble. So here's a pair of pants

 
E

Element 117

oh man. Now I want to start a blog about this guy. "Foil Hat of Justice!"
 
Dave

Dave

Staff member
Why do you feel bad? You are not responsible for other people's misconceptions and miscommunication.
 
E

Element 117

Good, then we know who to hit up for legal fees.

*mafia thug pose*
 
Fun Size

Fun Size

Cajungal;408353][QUOTE=ThatNickGuy;408351][QUOTE=drawn_inward said:
I was an international criminal once. I got betteh.
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How does one get better than an international criminal? I mean, that's global, dude.

Oh! You became a galactic criminal?[/QUOTE]

Maybe he became an international criminal who can disguise himself as a newt.[/QUOTE]

I'm still trying to figure out how one earns the title "international warlord". Based on this thread, it may be legally admissible by just saying on an internet forum.

I am now an international warlord, bitches! (Ordinarily, I wouldn't be so crass, but a warlord has to be a little hardcore like that. Bitches.)
 
Andi

Andi

Fun Size;408362][QUOTE=Cajungal;408353][QUOTE=ThatNickGuy;408351][QUOTE=drawn_inward said:
I was an international criminal once. I got betteh.
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How does one get better than an international criminal? I mean, that's global, dude.

Oh! You became a galactic criminal?[/QUOTE]

Maybe he became an international criminal who can disguise himself as a newt.[/QUOTE]

I'm still trying to figure out how one earns the title "international warlord". Based on this thread, it may be legally admissible by just saying on an internet forum.

I am now an international warlord, bitches! (Ordinarily, I wouldn't be so crass, but a warlord has to be a little hardcore like that. Bitches.)[/QUOTE]

You now owe me around 120 halbucks... :-P
 
Hylian

Hylian

A threat of legal action and I was not to blame? I am kinda surprised really (well okay not really I am more surprised that it's not Shego's fault)
 
Dave

Dave

Staff member
Well, YOU might have, but HE sure didn't!!

Mr David Nishsen my solicitor have advised me that the posting is Very DEFAMATORY

Please see attached documents for you information. For you information My Name is [redacted] aka Macheal *******

I am suing the Google Inc and Yahoo Inc


Also enclosed The email to my solicitor Mr Gibson

To: 'Stuart Gibson'
Subject: Emailing: Men At Work's Down Under steals from Australian folk song
Please se attachment, from http://www.halforums.com/forum/t13 on page 11
Posted by Dusty668 on 24/06/2010 resisted MEMBER of HALFORUMS

I bet it was that guy that seems to be an international criminal Michael *******. If he's not a criminal, he must be a pedophile or free range rooster. I googled it so it must be true!

---------- Post added at 10:00 PM ---------- Previous post was at 09:59 PM

Michael *******, free range rooster, you know it's right.

If life were fair, we would never be thirsty and have to pee at the same time.
Regards
[redacted]


Mr David Nishsen

Concerns Notice: s 14 Defamation Act 2005 (Vic)

You are fully responsible for all posting on you website . I demand that by 4.00pm, 5 July 2010 you

1. Immediately remove from Halforums the Material against my names Milorad ******* and Michael *******

2. Immediately activate abuse filter against my name Milorad ******* and Michael *******

3. Provide full particulars of you member Dusty668 including names IP addresses and Computer link .


4. Provide a suitable apology to myself.

5. Please note that in event that these matter are not agreed by 4.00pm, 5 July 2010

I will instruct my Solicitor to commence legal proceeding against you and website hosting without further notice.
The claims will included a claim for aggravated and exemplary damages pursuant to the Defamation Act 2005 (Vic)


Regards

Milorad aka Michael *******
[address, phone & email redacted]
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---------- Post added at 11:19 AM ---------- Previous post was at 11:11 AM ----------

My response (much less confrontational than I wanted it to be, but DragonByte talked me out of it):

Thank you for your swift response.

My lawyer has advised me that you are incorrect in your assumption that i am in any way liable for what people choose to post on my forums. The forum service I provide is merely a platform for people to express their own opinions, as a prior ruling in the United Kingdom in relation to Google Blogs established that the platform provider is not, in fact, liable for the content provided.

I have removed the post as a courtesy to you, however, and added your surname to our abuse list for the same reason. I will not be providing you with any information on any member as doing so would be in breach of the data protection act. Should you require this information you will have to first obtain a court order, warrant or subpoena.

Thank you for your time,

- David Nihsen
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General Specific

General Specific

I don't think anything you do short of fully prostrating yourself in front of his obvious magnificence is going to appease him. I wonder how well this would actually hold up in court. And if it does and he successfully sues Dave for everything he's got, what he would do with the $45.76?
 
Dave

Dave

Staff member
Oh, and he also attached the following to that email:



---------- Post added at 11:24 AM ---------- Previous post was at 11:23 AM ----------

he's obviously trying the bully technique. Not gonna work.
 
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