I'm gonna sue for defammation.... - GoFuckYourself.com - Adult Webmaster Forum

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cheekycherry

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#1

I'm gonna sue for defammation....

12-12-2002, 12:35 AM

Some fuck whit is speaking liabolous stuff against me in my forums and some other forums within my industry...

I want to take them to court...

How do I find out the name and address of an AOL email accounts customer? As this is the only info I have of this guy and I doubt he will post it, should I call AOL?
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funkmaster

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#2

12-12-2002, 12:38 AM

I´d call the internet police ... !!
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pr0

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#3

12-12-2002, 12:58 AM

you're joking right?

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cheekycherry

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#4

12-12-2002, 12:59 AM

Nice, I wish I could...

I'd also like to call the Internet "guy who plucks your toenails out and burns you with a blow torch"... Can only find it locally though.
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Hot Tropical Babes

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#5

12-12-2002, 01:02 AM

Originally posted by cheekycherry
Some fuck whit is speaking liabolous stuff against me in my forums and some other forums within my industry...

I want to take them to court...

How do I find out the name and address of an AOL email accounts customer? As this is the only info I have of this guy and I doubt he will post it, should I call AOL?

aol wont give up shit. hell i forgot my password and went through hours of bull trying to get it from them.

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cheekycherry

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#6

12-12-2002, 01:03 AM

Hiring a hacker?
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Hot Tropical Babes

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#7

12-12-2002, 01:06 AM

what kind of forums? like chat rooms?

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Alky

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#8

12-12-2002, 01:08 AM

jesus, dont cry. just tell the person to fuck off. you suing him for shit he said online would never hold up in court.
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funkmaster

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#9

12-12-2002, 01:10 AM

"you suing him for shit he said online would never hold up in court."

... you mean I could call you a necrophiliac and shit and come up with some photoshoped pics and would get away with it ... I´ll be right back ..
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Timi

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#10

12-12-2002, 01:11 AM

You are assuming this guy has money to make him worth sueing.

And you can afford it as well
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cheekycherry

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#11

12-12-2002, 01:12 AM

Yes, but he is potentially damaging my business and getting others in on the game... He has threatened the usual stuff - court, police, government etc...

I think I will take your advice... I will ignore him and eventually he should go away... I guess the damage is done now.

If it does end up in court though (through him commencing proceedings) I will unload with all I got.
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#12

12-12-2002, 01:12 AM

Originally posted by Alky
jesus, dont cry. just tell the person to fuck off. you suing him for shit he said online would never hold up in court.

Don't be so sure. However, without being able to prove some damages to reputation or income, there won't be much of a suit. Are there any?

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cheekycherry

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#13

12-12-2002, 01:13 AM

And you can afford it as well

That's the frustrating thing... I can afford it but pysically can't get to him or his contact details.
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cheekycherry

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#14

12-12-2002, 01:15 AM

However, without being able to prove some damages to reputation or income, there won't be much of a suit. Are there any?

Yes, he has definitly damaged my reputation and will no doubt cause future loss of earnings.

I'm thinking of "advertising" on the other peoples forums so I will hold a certain amount of power over what they may delete.
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Hot Tropical Babes

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#15

12-12-2002, 01:18 AM

I doubt one person in an aol forum is going to damage you. If people are "somewhat" smart, they'll consider the source.

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cheekycherry

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#16

12-12-2002, 01:21 AM

no, it's not an aol forum, its all the forums that are "big" in my industry...

I have his aol email address.

He's only doing this cos he is real pissed off that I banned him from my forums for spamming them.
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init

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#17

12-12-2002, 06:37 AM

whats his aol email address i may be of some service

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#18

12-12-2002, 06:42 AM

Originally posted by Alky
jesus, dont cry. just tell the person to fuck off. you suing him for shit he said online would never hold up in court.

Not true.

I consulted for what used to be a promising online auction site back in the summer of '99.

I had already had some experience with the owner and his shenannigans but he was offering some nice cash...

Anyway he has been very successful at getting owners of bbs' and the people posting on them to cease and desist with things they have posted about him...and this guy truly is deserving of the horrible things they have said.

But in the end I got my money and got out, I knew it wouldn't last long.

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JamesK

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#19

12-12-2002, 06:48 AM

i could get his address for you.

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G Sharp

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#20

12-12-2002, 06:57 AM

Originally posted by cheekycherry
Some fuck whit is speaking liabolous stuff against me in my forums and some other forums within my industry...

I want to take them to court...

How do I find out the name and address of an AOL email accounts customer? As this is the only info I have of this guy and I doubt he will post it, should I call AOL?

This has been done before. What you need to do is file the lawsuit and name the defendants initially as "John Doe". Once your suit is officially filed, your lawyer can subpoena AOL to release the identities of the posters. Your lawyer will then amend the complaints with the proper names of the defendants. He will then proceed to discovery--server logs, posting histories, etc. There shouldn't be 4th Amendment or privacy issues here because 1) AOL is a private entity and 4th amendment normally only covers government actors 2) any reasonable expectation of privacy has been waived by the poster by posting the statements in a public forum.

If the guy posted crap to have webmasters that are already working for your program quit, you may be able to hit him/her with a "Tortious Interference with Contract" lawsuit. This is a heavy duty lawsuit because you can ask for PUNITIVE DAMAGES--heavy money awards designed to punish conduct.

To prove libel the statement has to 1) be false 2) be made with "malice." #1 is easy but #2 is harder to prove. Then again it can be implied by what, how, and what the intended effect of the writing was.

Good luck and keep us posted.
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Gemini

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#21

12-12-2002, 07:48 AM

Your attorney would no doubt want previous years income records specifially dated in the same time frame that this has been happening and a period of time to doc the loss of income (if any) to this year. That would be your only viable proof of losses...

So if you can do that, then the next step is to talk to an attorney and try to get it contingency based for his/her payment. Also make sure to file to force the defendant to pay ALL court costs as well as YOUR attorney fees. Somehow that part gets missed sometimes and then you have to pay your own in alot of cases.

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Gemini

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#22

12-12-2002, 08:00 AM

Something else that might be useful is, statements from existing customers that stopped purchasing from you due to the posts being made... But they are only good if they are made in accordance with your state laws... IE: witnesses, possibly an attorney present, or at the very least notarized and signed before the notary. (Try to get them to have additional witnesses present as well and have them sign it)

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OneHungLo

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#23

12-12-2002, 08:01 AM

Are you steve Goldman?
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#24

12-12-2002, 08:14 AM

Originally posted by OneHungLo
Are you steve Goldman?

ROTFL

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