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story category Court Awards $11.3 Million Over Internet Name-Calling
Largest message board defamation suit ever...
(old news - 01:14PM Wednesday Oct 11 2006)
tags: legal · BBR-News · Oddities
While not broadband related, this certainly should be of interest to all of you "shills", "trolls", "muni-Fi loving hippies", "communists", "fanboys", "astroturfers", "apologists" and similarly defamed individuals who roam our forum halls. According to USAToday, a Florida woman has been awarded $11.3 million in a defamation lawsuit against a Louisiana woman who posted messages on the Internet accusing her of being a "crook," a "con artist" and a "fraud." It's the largest ruling of its kind in the history of the Internet, you bunch of ingrates.

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Forums » Court Awards $11.3 Million Over Internet Name-Calling
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Cheese
Premium
join:2003-10-26
Naples, FL
clubs:


2 edits

Um.....

It's the internet, if you can't handle the heat, get yo ass out da kitchen!

Edit: Also, if she wasn't, why did she get so defensive? Most people would shrug it off, especially when someone posts it on the internet, and especially someone in ANOTHER STATE. JMO

dadkins
Can you do Blu?
Premium,MVM
join:2003-09-26
Hercules, CA

Re: Um.....

I can think of better things to call these types.

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Re: Um.....

said by dadkins See Profile :

I can think of better things to call these types.

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
Hell hath no fury like a pissed witch.
markopoleo

join:2003-04-02
Bonne Terre, MO

Re: Um.....

This must of been her first time logged on the interweb and took offense :P
short09

join:2006-07-21

Re: Um.....

said by markopoleo See Profile :

This must of been her first time logged on the interweb and took offense :P
lol
Goldman

join:2002-06-21
Maumelle, AR

said by Transmaster See Profile :

Hell hath no fury like a pissed witch.
She'll get you for that.
nathill

join:2004-05-03
Bloomington, IN
You're bound to get sued for $24 million!

rawgerz
In Debt we trust
Premium
join:2004-10-03
Grove City, PA
wow, I guess free speech really has died
Shark_615

join:2006-01-17
Pickering, ON
Free speech as per your Constitution is more to do with the government suppressing public opinion and has naught do to with libel.
zerog

join:2002-02-10
Dallas, TX
died?
It's been dead for about 5 years now.

R.I.P. America "Land Of The Free, Home Of The Brave." 1776-2001

Hello, Amerika "Land of the Watched, Home of the Litigious" 2001-

bobrk
You kids get offa my lawn
Premium
join:2000-02-02
San Jose, CA
·SONIC.NET

Click for full size
Heh. Funny.

rachelsfx

join:2004-09-27
Pensacola, FL
Read the article. She had a case. If it affects business/reputation, slandel, libel, and defamation can be done. Not easy, but done.

morbo
Complete Your Transaction

join:2002-01-22
00000
clubs:

she is...


she is a dumb f-ing bitch. come sue me!

Toadman
How do you like these Apples

join:2001-11-28
Medina, OH

Re: she is...

Wait until you buy something from her on Ebay, and then you can call her a crook!

NoOne_Import

@verizon.net

Gee....

Damn, if this is the case, well anyone giving me negative feedback on eBay and telling me that I'm a crook, well I'll just sue them then! Hahahahahaha! Yes, this gets better everyday! I just love it!
quatrix
Premium
join:2005-02-11
Davie, FL

Re: Gee....

eBay feedback is a joke anyway. Every positive comment is "A+++++++++++++++ GREATEST SELLER/BUYER EVER". It's almost as bad as the Olympics where the lowest score is 9.5.

cork1958
Cork

join:2000-02-26
Fruitport, MI
·Verizon Online DSL
·Charter Pipeline

said by NoOne_Import :

Damn, if this is the case, well anyone giving me negative feedback on eBay and telling me that I'm a crook, well I'll just sue them then! Hahahahahaha! Yes, this gets better everyday! I just love it!
Heck yeah!! Now, all you have to do is whiz the potential buyer off and have him call you a couple names, then sue him to the max and retire. The easy life!! Only in America!!
--
Do the walk
Zenwalk Linux 3.0

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Although....

I think someone, somewhere is going to look at this, cock their eyebrow and go WTF and overturn it. This should have been thrown out in the beginning IMO.

Agent_haito

join:2002-09-20
Winston Salem, NC

Wow

I can only guess the comments that were made hurt her business, that would be the only reason i can see it getting persued so far.

cableties
Premium
join:2005-01-27
·Verizon FIOS

oh boy...

You know, I read some really interesting content here, at BBR. And replies (aka vents) are amusing, some are rants, most informative, and others just plain "forum" talk.
But yesterday, I read a reply to TKJunkmail (I don't know him/her personally, and don't always agree with TK's posts) and was rather disturbed that someone actually wrote him as a "jerk". Come on people, grow up or logoff. Or be sued!

Not seeing agreement is one thing, and you can argue that, but this woman's point can be taken from the fact that "we are a litigious" society evermore.
Sue you. Sue everybody.
So, is her point valid (?), and now she arrogantly sets forth a precedent for others to sue because "i-sticks and i-stone can break my i-bones, but your flames can make me millions!"
"... in the name of justice!" I would love to read the context of the actually dialog!
(truth hurts?)

rachelsfx

join:2004-09-27
Pensacola, FL

Re: oh boy...

They call me a b*tch on occassion (all the time in their heads I'm sure).

I rather like Jewish Princess B*tch. Usually, I take name calling an honor since the person calling me names is too stupid to argue with me in the first place.

Corehhi

join:2002-01-28
Bluffton, SC

Re: oh boy...

I rather like Jewish Princess B*tch

Isn't the right term JAP?

GOLFnSUN
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
·Sprint Mobile Broa..
·Comcast

said by cableties See Profile :

You know, I read some really interesting content here, at BBR. And replies (aka vents) are amusing, some are rants, most informative, and others just plain "forum" talk.
But yesterday, I read a reply to TKJunkmail (I don't know him/her personally, and don't always agree with TK's posts) and was rather disturbed that someone actually wrote him as a "jerk". Come on people, grow up or logoff. Or be sued!

Not seeing agreement is one thing, and you can argue that, but this woman's point can be taken from the fact that "we are a litigious" society evermore.
Sue you. Sue everybody.
So, is her point valid (?), and now she arrogantly sets forth a precedent for others to sue because "i-sticks and i-stone can break my i-bones, but your flames can make me millions!"
"... in the name of justice!" I would love to read the context of the actually dialog!
(truth hurts?)
A few points come to mind on this case.

1st - it was a default judgement with no defense even showing up. I doubt it can be used as precedent in future cases.
2nd - it doesn't say in the story, but I suspect the people involved were using their own names. Hard to make a case for defamation if everyone is using an alias, like most msg boards do.
3rd - a future case that involves people with something to lose and with some money would probably go to an appeals court where free speech issues would be weighed against defamation charges. And defamation is hard to prove. The burden falls on the plaintiff to prove defamation. Since the defendant didn't show up for this case, no burden of proof was required.
4th - it should be a wake up call to some msg board owners that they should moderate personal attacks more aggressively.
--
--
Join Red Room Forum
BLOG tkjunkmail.blogspot.com
My Web Page

tsu9

join:2001-08-17
Wheeling, IL

Re: oh boy...

4th - it should be a wake up call to some msg board owners that they should moderate personal attacks more aggressively.

Why? The messageboard wasn't sued or involved in any meaningful way (otherwise they would have been sued). This was resolved properly--person to person.
--
"You do not secure the liberty of our country and value of our democracy by undermining them, that's the road to hell." - Lord Phillips of Sudbury.

broadbander

join:2005-07-21
Brooklyn, NY

the details

Since Scheff is a manager/corporate owner, calling her a "fraud" and a "con artist" is directly relevant to her occupation. As such, the decision is not entirely absurd in the face of existing laws. If Bock knew she was not a sham and maliciously attempted to hurt Scheff by spreading such rumors, he would be liable (though hardly for $11.3 million in damages). That said, it IS absurd that the judge was somehow convinced that Bock KNEW Scheff was "good" at her job and tried to defame her anyway. Obviously, Bock believes Scheff is a criminal and was trying to warn others. As such, I am bewildered both at the staggering numbers (which Bock cannot afford) and the finding in general.

53059959
Temp banned from BBR more then anyone

join:2002-10-02
PwnZone

Re: the details

yeah but still, thats saying that reputation alone has value. court decisions up until now say no
moonpuppy

join:2000-08-21
Glen Burnie, MD

Guys, read the article.....

The woman being sued made no defense. Summary judgement entered.
Doom3654

join:2006-09-08

not surprised

this isnt surprising, we live in a country where you can sue somebody for burning yourself on hot coffee, or eating at McDonald's all the time and sue somebody because you cant fasten your seatbelt. ah yes, the american legal system, isnt it great?

See 11 replies to this post

mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY

BS

This is the biggest load of bullshit ever, why should she even deserve one penny of that? What offended her? She needs to grow some cajones and learn you have to deal with these types of people on the internet.

See 9 replies to this post

tsu9

join:2001-08-17
Wheeling, IL

Note to self:

Sue people that make naughty remarks online.

That'll 'learn ya for accusing me of being a socialist communist right-wing hippie nazi!
mooty

join:2001-01-28
Riverdale, GA

New Defamation Lawsuit in the works ?

Wait a second...I've just been called an ingrate - or to be more accurate, anyone who has read this topic has just joined hundreds, if not thousands, of others who have also just read this topic, and if logged in -- the proof being their comment to this topic, as well as their comment and defamation being witnessed by NON-DSLreports.com members, who are ALSO READING THIS THREAD -- have been defamed by DSLreports calling them ingrates.

I sincerely believe that a class action defamation lawsuit could be filed, and if placed in the right jurisdiction - let's say...Florida State Supreme Court? (I need to go to the beach anyway)....I could..I mean, WE could win millions of dollars...Any defamation/worker's comp/personal injury attorneys out there want to represent m...I mean, us ?
--
Alright, BIG MAN! So You Want To Make the BIG BUCK$, Eh??!!. . . . . . Do You Know How To Handle a Machine-gun?

Spazmoto
Dark Flow

join:2003-08-22

Wow

If I got money for every time I've been flamed on the interwebs I'd be the richest man alive.
Josimars

join:2001-04-24
Port Chester, NY

Re: Wow

Me too
Josimars

join:2001-04-24
Port Chester, NY

Hmm

Who is going to pay her that money. Could somebody explain that to me.

Dagda1175

join:2001-06-17
Goleta, CA

New suit

Can we sue people who comment and obviously havent rtfa?
JSRoman
Premium
join:2005-03-10
Callahan, FL

Can I sue Kamm?

For bolding every other word in his postings.

rachelsfx

join:2004-09-27
Pensacola, FL

Re: Can I sue Kamm?

LOL!

pog
Premium
join:2004-06-03
Kihei, HI
·Hawaiian Telcom

Reading the whole story can be so enlightening! LOL!

Some of the finer points:
• the plaintiff sought no specific damages. That number must have come out the jury's collective ass.
• the plaintiff has not decided whether or not to try collecting any of the award.
• the plaintiff "was so vested in being vindicated, she was willing to pay court costs"... "even though she knew the defendant ... has no hope of paying"
• the defendant offered no defense because she was otherwise occupied by Katerina, a flooded house, being temporarily relocated to Texas... court papers were not deliverable during this time.
• because the defendant offered no defense, we don't know how true any of her critical/negative comments about the plaintiff were.

For those that really want more information closer to the source, I suggest visiting the forum in question... for eg:
»wwf.fornits.com/viewtopic.php?t=18594
--
My Site

viperpa33s
Why Me?
Premium
join:2002-12-20
Bradenton, FL

What's next?

1) We have people suing for calling bad names.

2) We have spammers suing for calling them spammers

3) Soon we'll have criminals suing for calling them criminals

What's Next?

Boricua65

join:2002-01-26
Puerto Rico

Re: What's next?

said by viperpa33s See Profile :

1) We have people suing for calling bad names.

2) We have spammers suing for calling them spammers

3) Soon we'll have criminals suing for calling them criminals

What's Next?
Dogs and cats suing their owners for being spayed and neutered.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest

said by viperpa33s See Profile :

1) We have people suing for calling bad names.

2) We have spammers suing for calling them spammers

3) Soon we'll have criminals suing for calling them criminals

What's Next?
4) You criticize the Administration and get siezed off the street and disappear with no trial and no charges ever being brought against you, other then vague allegations of being a suspected terrorist....

?
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

birdfeedr
Premium,MVM
join:2001-08-11
Warwick, RI
·Verizon FIOS

said by viperpa33s See Profile :

2) We have spammers suing for calling them spammers?
Yeah, spamhaus.org has a mess to deal with. Even if whatsizzname is a spammer.

rachelsfx

join:2004-09-27
Pensacola, FL

Actually, a criminal did sue a home owner after her broke into his house because he slipped on something and hurt himself. The criminal won. That's ridiculous.

In Florida, if someone breaks into your house, you can empty a full clip and it's your word against the moron that broke in laying dead in your home.

"Why did you shoot him 19 times?"

"It's a semi-automatic and, well, he kept moving."

"Oh, no problem. By the way, I thought the smiley face on his chest was a nice touch."

"Thanks."

Cased closed.

linicx
Caveat Emptor
Premium
join:2002-12-03
United State
·CenturyLink

Boo Hoo

If you expect your version of the circumstances to be heard, you must be in court to tell your story and defend your position. As the accused learned, Slander is not only a prosecutable offense, it is an expensive regret.

Years ago I read a comment in Ann Landers well worth remembering. I was something like this: "You are the master of the unspoken word, Once it is spoken, you are its slave."

Too bad the accused woman didn't know this before she uttered her words.
--
Mac: No windows, No gates, Apple inside

acid343211
Hallo lisa Aus Amerika
Premium
join:2001-08-31
Byron, GA

1 edit

trolls

I can see this happening on DSLreports. the mods are letting them get by with it....
Forums » Court Awards $11.3 Million Over Internet Name-Callingpage: 1 · 2


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