Author Topic: GETTING sued  (Read 1728 times)

0 Members and 1 Guest are viewing this topic.

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
GETTING sued
« on: June 11, 2009, 01:24:20 PM »
So, how long after someone threatens to sue you does it happen?

Will a forum just hand over your IP?

Will they hand over your IP of every message you submitted, or just one?

How long do you have to retract your post?

Once they get your IP how long does it take to sue you, etc?

If you post from behind a proxy,(tor) how does that effect things?

If you posted from behind a proxy from most posts, but from your own real one  how does that effect things?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #1 on: June 11, 2009, 02:48:45 PM »
Quote from: "sued"
So, how long after someone threatens to sue you does it happen?

Will a forum just hand over your IP?

Will they hand over your IP of every message you submitted, or just one?

How long do you have to retract your post?

Once they get your IP how long does it take to sue you, etc?

If you post from behind a proxy,(tor) how does that effect things?

If you posted from behind a proxy from most posts, but from your own real one  how does that effect things?

A threat is only a threat, take it with a grain of salt.  If a certain TTI program had followed through on their threats to sue me for slander and trade interference, I wouldn't be able to answer you.  Fornits won't hand over a damn thing without being subpoenaed, Ginger's got your back there.  Unless legal papers have been filed, there's nothing to stop you from editing your posts.  The plaintiff may try to use that against you, but a retraction is a retraction - you removed the "offensive" material without being ordered to do so, which makes you look better in the eyes of the Court.

If you're well-proxied, the effect is like a monkey wrench being hurled into the grinding gears of the evidence discovery machine.  Psy has pointed out that even the Feds can't track down a TOR proxied poster.  

You could be accountable for the un-proxied posts.  Doubt it, though, especially considering that all the posts about the plaintiff would be reviewed and they may look like assholes in the end.  

This threat - is it for libel, defamation, or what?  If you've written nothing but the truth, I wouldn't let the sword rattling and empty threats keep you up nights.  Most people run for the hills when faced with the prospect of a lawsuit and that's why people threaten them so often. Stick to your guns if you've been telling the truth.

Check some legal sites like Westlaw.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Froderik

  • Newbie
  • *
  • Posts: 7547
  • Karma: +10/-0
    • View Profile
Re: GETTING sued
« Reply #2 on: June 11, 2009, 02:51:34 PM »
Quote from: "Guest"
If you're well-proxied, the effect is like a monkey wrench being hurled into the grinding gears of the evidence discovery machine. Psy has pointed out that even the Feds can't track down a TOR proxied poster.
:tup:  Gotta love the internet....  :clown:  :roflmao:  :twofinger:
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Inculcated

  • Newbie
  • *
  • Posts: 801
  • Karma: +1/-0
    • View Profile
Re: GETTING sued
« Reply #3 on: June 11, 2009, 03:01:58 PM »
Quote from: "Froderik"
Quote from: "Guest"
If you're well-proxied, the effect is like a monkey wrench being hurled into the grinding gears of the evidence discovery machine. Psy has pointed out that even the Feds can't track down a TOR proxied poster.
Gotta love the internet....
What does a term like "proxied poster" mean?  What is a "TOR proxied poster"?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
“A person needs a little madness, or else they never dare cut the rope and be free”  Nikos Kazantzakis

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #4 on: June 11, 2009, 06:51:20 PM »
Quote from: "Guest"
Quote from: "sued"
So, how long after someone threatens to sue you does it happen?

Will a forum just hand over your IP?

Will they hand over your IP of every message you submitted, or just one?

How long do you have to retract your post?

Once they get your IP how long does it take to sue you, etc?

If you post from behind a proxy,(tor) how does that effect things?

If you posted from behind a proxy from most posts, but from your own real one  how does that effect things?

A threat is only a threat, take it with a grain of salt.  If a certain TTI program had followed through on their threats to sue me for slander and trade interference, I wouldn't be able to answer you.  Fornits won't hand over a damn thing without being subpoenaed, Ginger's got your back there.  Unless legal papers have been filed, there's nothing to stop you from editing your posts.  The plaintiff may try to use that against you, but a retraction is a retraction - you removed the "offensive" material without being ordered to do so, which makes you look better in the eyes of the Court.

If you're well-proxied, the effect is like a monkey wrench being hurled into the grinding gears of the evidence discovery machine.  Psy has pointed out that even the Feds can't track down a TOR proxied poster.  

You could be accountable for the un-proxied posts.  Doubt it, though, especially considering that all the posts about the plaintiff would be reviewed and they may look like assholes in the end.  

This threat - is it for libel, defamation, or what?  If you've written nothing but the truth, I wouldn't let the sword rattling and empty threats keep you up nights.  Most people run for the hills when faced with the prospect of a lawsuit and that's why people threaten them so often. Stick to your guns if you've been telling the truth.

Check some legal sites like Westlaw.


I am being threatened over something I put on another forum. I don’t think this forum will have my back, and in all likelihood will simply hand over my IPs. Should I send the forum a threatening letter, threatening a lawsuit if they do so for privacy infringement?

The situation is, basically, someone didn’t like what I said about them. I don’t want my identity to be tied to the area under discussion, in general. The forum moderator removed the post. But the person posted something to the effect of “steps are underway to see to this poster”(me). They also sent me a letter about my “defamatory post” saying this letter is the initial move in a legal chain of events they are putting into motion. Are they full of shit? Can I be sued for something that isn’t up? Do I need to get a lawyer yet?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #5 on: June 11, 2009, 08:56:37 PM »
Quote from: "Guest"

I am being threatened over something I put on another forum. I don’t think this forum will have my back, and in all likelihood will simply hand over my IPs. Should I send the forum a threatening letter, threatening a lawsuit if they do so for privacy infringement?

The situation is, basically, someone didn’t like what I said about them. I don’t want my identity to be tied to the area under discussion, in general. The forum moderator removed the post. But the person posted something to the effect of “steps are underway to see to this poster”(me). They also sent me a letter about my “defamatory post” saying this letter is the initial move in a legal chain of events they are putting into motion. Are they full of shit? Can I be sued for something that isn’t up? Do I need to get a lawyer yet?

Who sent the letter with the legal dreck?  Did it come from the pissed off person or from an attorney?  It's a little vague.  If nothing has come addressed from a lawyer's office, the initial move hasn't been made.  An attorney would send you a letter notifying you he had filed a complaint, not the client.  Most lawyers wouldn't bother filing a complaint anyway and would go straight to litigation.  

Sounds like a weird letter.  Did it suggest any courses of action you could take to avoid litigation?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Ursus

  • Newbie
  • *
  • Posts: 8989
  • Karma: +3/-0
    • View Profile
Re: GETTING sued
« Reply #6 on: June 11, 2009, 09:20:57 PM »
Was this an actual letter, sent to your physical address? Or an email or PM? If the former, how did they get your address?

Did you threaten to do them physical harm? Or just offend them egregiously?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
-------------- • -------------- • --------------

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #7 on: June 11, 2009, 09:45:48 PM »
Quote from: "Guest"
Quote from: "Guest"

I am being threatened over something I put on another forum. I don’t think this forum will have my back, and in all likelihood will simply hand over my IPs. Should I send the forum a threatening letter, threatening a lawsuit if they do so for privacy infringement?

The situation is, basically, someone didn’t like what I said about them. I don’t want my identity to be tied to the area under discussion, in general. The forum moderator removed the post. But the person posted something to the effect of “steps are underway to see to this poster”(me). They also sent me a letter about my “defamatory post” saying this letter is the initial move in a legal chain of events they are putting into motion. Are they full of shit? Can I be sued for something that isn’t up? Do I need to get a lawyer yet?

Who sent the letter with the legal dreck?  Did it come from the pissed off person or from an attorney?  It's a little vague.  If nothing has come addressed from a lawyer's office, the initial move hasn't been made.  An attorney would send you a letter notifying you he had filed a complaint, not the client.  Most lawyers wouldn't bother filing a complaint anyway and would go straight to litigation.  

Sounds like a weird letter.  Did it suggest any courses of action you could take to avoid litigation?

Let me clarify:
I was sent a Personal Message (a "letter") to my forum inbox by the person who feels they were defamed. They are not a lawyer. They said I should apologize and retract the post, i think? The forum mods actually retracted my post not long after that, i think.
I didn’t threaten to harm them, I just said something that is true, but they didn’t like.  But I would not be able to prove part of what I said is true. My concern isn't loosing tons of money in a court case. I can't imagine it coming to that--unless this person is completely insane and wants to spend 100s of thousands of $ on a case that could as easily go my way as well as theirs. My concern is just having this sort of thing tied to my identity because of, well, other concerns. Contact a lawyer yet? Whats the next step?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline psy

  • Administrator
  • Newbie
  • *****
  • Posts: 5606
  • Karma: +2/-0
    • View Profile
    • http://homepage.mac.com/psyborgue/
Re: GETTING sued
« Reply #8 on: June 11, 2009, 10:06:26 PM »
Quote from: "Guest"
Quote from: "Guest"
Quote from: "sued"
So, how long after someone threatens to sue you does it happen?

Will a forum just hand over your IP?

Will they hand over your IP of every message you submitted, or just one?

How long do you have to retract your post?

Once they get your IP how long does it take to sue you, etc?

If you post from behind a proxy,(tor) how does that effect things?

If you posted from behind a proxy from most posts, but from your own real one  how does that effect things?

A threat is only a threat, take it with a grain of salt.  If a certain TTI program had followed through on their threats to sue me for slander and trade interference, I wouldn't be able to answer you.  Fornits won't hand over a damn thing without being subpoenaed, Ginger's got your back there.  Unless legal papers have been filed, there's nothing to stop you from editing your posts.  The plaintiff may try to use that against you, but a retraction is a retraction - you removed the "offensive" material without being ordered to do so, which makes you look better in the eyes of the Court.

If you're well-proxied, the effect is like a monkey wrench being hurled into the grinding gears of the evidence discovery machine.  Psy has pointed out that even the Feds can't track down a TOR proxied poster.  

You could be accountable for the un-proxied posts.  Doubt it, though, especially considering that all the posts about the plaintiff would be reviewed and they may look like assholes in the end.  

This threat - is it for libel, defamation, or what?  If you've written nothing but the truth, I wouldn't let the sword rattling and empty threats keep you up nights.  Most people run for the hills when faced with the prospect of a lawsuit and that's why people threaten them so often. Stick to your guns if you've been telling the truth.

Check some legal sites like Westlaw.


I am being threatened over something I put on another forum. I don’t think this forum will have my back, and in all likelihood will simply hand over my IPs. Should I send the forum a threatening letter, threatening a lawsuit if they do so for privacy infringement?

The situation is, basically, someone didn’t like what I said about them. I don’t want my identity to be tied to the area under discussion, in general. The forum moderator removed the post. But the person posted something to the effect of “steps are underway to see to this poster”(me). They also sent me a letter about my “defamatory post” saying this letter is the initial move in a legal chain of events they are putting into motion. Are they full of shit? Can I be sued for something that isn’t up? Do I need to get a lawyer yet?
FW it to me and I can give you a "not legal advice" assessment. (psyborgue@mac.com)  They're probably full of shit.  Whatever you do, don't panic.  threats are a dime a dozen and 99.9% of the time, they're baseless.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
Benchmark Young Adult School - bad place [archive.org link]
Sue Scheff Truth - Blog on Sue Scheff
"Our services are free; we do not make a profit. Parents of troubled teens ourselves, PURE strives to create a safe haven of truth and reality." - Sue Scheff - August 13th, 2007 (fukkin surreal)

Offline Ursus

  • Newbie
  • *
  • Posts: 8989
  • Karma: +3/-0
    • View Profile
Re: GETTING sued
« Reply #9 on: June 11, 2009, 10:18:25 PM »
Quote from: "Guest"
I was sent a Personal Message (a "letter") to my forum inbox by the person who feels they were defamed.

LOL... NO. Don't get a lawyer. Pop that cork, pore yerself a glass, and relax. Somebody pulled a major intimidation stunt on you.

I'll post some more on this if you'd like, but basically, for all practical purposes... the onus of proof for defamation claims is on the plaintiff, not the defendant, when it comes to the Internet. Of course, that could always change, since this is still somewhat of a frontier for legal scholars.

I am guessing your major concern is having your identity outed? Are you a registered user at this forum? Any recognizable email addy attached to your account? Your IP address should theoretically not be able to be linked to your (physical) address and identity save by court order to your ISP, if I'm not mistaken...
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
-------------- • -------------- • --------------

Offline psy

  • Administrator
  • Newbie
  • *****
  • Posts: 5606
  • Karma: +2/-0
    • View Profile
    • http://homepage.mac.com/psyborgue/
Re: GETTING sued
« Reply #10 on: June 11, 2009, 10:21:14 PM »
Also, if the message is deleted, there is no harm done even if the message was in fact defamatory (no injury).  Injury is necessary to win a defamation case.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
Benchmark Young Adult School - bad place [archive.org link]
Sue Scheff Truth - Blog on Sue Scheff
"Our services are free; we do not make a profit. Parents of troubled teens ourselves, PURE strives to create a safe haven of truth and reality." - Sue Scheff - August 13th, 2007 (fukkin surreal)

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #11 on: June 12, 2009, 02:24:07 AM »
Psy, check your PMs.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #12 on: June 12, 2009, 04:13:36 AM »
I am totally freaking out , and cannot sleep. I just googled around and realized you can be sued for any stupid thing whatsoever, even three years after the fact. If not for defamation, than for libel and the causation of mental anguish. Anything.  This person posted in a public forum that they were going to the person who posted the stuff-legally--and if they post something like that publicly, dont they intend on following through on it,as they make themselves look badly if they don't? What do you guys think? When do i worry and get a lawyer?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #13 on: June 12, 2009, 02:00:01 PM »
Quote from: "Guest"
When do i worry and get a lawyer?

When you get served by an opposing lawyer.  Otherwise, you're putting yourself through a lot of sturm und drang for nothing.  You have removed the offensive post, you've been cooperative.  If this person is still hassling you, it's to cause the very reaction you're having.  Are you new to forums?  I think you've run afoul of a seasoned forum troll who is aware of your inexperience and they're running MindFuck 101 on you.  Relax...anyone who wanted to sue you would have to find a lawyer willing to take the case, and it's a piss-poor case.  If the asshole keeps PM'ing threats to you, get a local attorney's email address and inform your troll to send his bullshit directly to your legal counsel, who is currently reviewing the previous threats you received.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

  • Newbie
  • *
  • Posts: 164653
  • Karma: +3/-4
    • View Profile
Re: GETTING sued
« Reply #14 on: June 12, 2009, 06:32:55 PM »
Don't worry about it.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »