Author Topic: GO AHEAD, SUE US! (good luck)  (Read 2533 times)

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Offline Anonymous

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GO AHEAD, SUE US! (good luck)
« on: October 05, 2009, 08:35:47 PM »
To those wishing/pretending/actually trying to sue us:

Are you aware of the past attempts to sue and shut down fornits? How successful were they?

you can't sue fornits. Fornits is not a sueable entity. You can sue ginger, but she is not liable for anything that is said on the site. this is a free speech zone. you cannot sue an anonymous "guest".

You're only possibly going to be able to go after individuals. If you somehow magically are able to convince a judge and jury that you can prove that so-and-so is directly responsible for assorted damages, then you might get your revenge. But you wont be getting your revenge. Ya know why? First off, you need to prove that what they are saying is NOT true. To do that, your respective institutions will be scrutinized and investigated from every angle - not just the claims - in order to establish that the economic harm that came as a result of the supposed defamation was not in fact caused by your own actions, and establish weather or not the statements in question were true or false. You cannot be sued for a true statement that caused harm to a public entity such as a school. you can only sue an individual for (for example) intruding on their privacy by making public an embarrassing behavior. This does not apply to politicians, neither does it to headmasters or teachers.

On top of all that, you will have to establish that a certain physical person said something online, that it was in fact they, not someone pretending to be them, who posted the statement in question. There are only a handful of people on this site who you can prove to be actual people, such as psy. To my knowledge and from my experience, psy and the others are very careful about what they post. If they said something false, then they fucked themselves.
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Offline Anonymous

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Re: GO AHEAD, SUE US! (good luck)
« Reply #1 on: October 05, 2009, 09:10:34 PM »
Quote from: "Whooter Jr"
Dirty mouth Che Gookin wrote the verbal masturbation above.  He should stand tall before the man and answer for his sins.
Should he bend over instead?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

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Re: GO AHEAD, SUE US! (good luck)
« Reply #2 on: October 05, 2009, 09:24:39 PM »
‘Bent over with laughter, perhaps. These two posts underscore the fallibility of the threats to sue; considering the jackass troll can’t even read the message, let alone get a read on the poster.
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Offline psy

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Re: GO AHEAD, SUE US! (good luck)
« Reply #3 on: October 06, 2009, 12:06:18 AM »
Quote from: "someone here is a dumbass"
To those wishing/pretending/actually trying to sue us:

Are you aware of the past attempts to sue and shut down fornits? How successful were they?

you can't sue fornits. Fornits is not a sueable entity. You can sue ginger, but she is not liable for anything that is said on the site. this is a free speech zone.
not legal advice -->

More or less, thanks to the communcations decency act section 230(c)

Quote
you cannot sue an anonymous "guest".

You can.  You can sue a doe and find out later the identity of the person.  Of course with modern proxies this can be very difficult, if not impossible, technically.  Web proxies can be in all sorts of countries causing jurisdictional issues, proxies regularly wipe logs (or don't keep them at all), and tor pretty much ensures nobody will ever be able to trace your identity.

Quote
You're only possibly going to be able to go after individuals. If you somehow magically are able to convince a judge and jury that you can prove that so-and-so is directly responsible for assorted damages, then you might get your revenge. But you wont be getting your revenge. Ya know why? First off, you need to prove that what they are saying is NOT true. To do that, your respective institutions will be scrutinized and investigated from every angle - not just the claims - in order to establish that the economic harm that came as a result of the supposed defamation was not in fact caused by your own actions, and establish weather or not the statements in question were true or false. You cannot be sued for a true statement that caused harm to a public entity such as a school. you can only sue an individual for (for example) intruding on their privacy by making public an embarrassing behavior. This does not apply to politicians, neither does it to headmasters or teachers.

It's actually considerably more difficult than what you're implying, which isn't entirely corrrect, but mostly.  Public figures, or limited purpose public figures, can win a lawsuit, but only if they can prove a statement was made against them with actual malice (that a person knew a statement of fact was false and said it anyway).  Proving that is very very difficult.  Also damage are very hard to prove since you can't use heresay evidence in court.  You basically have to find somebody who says "i was going to purchase X service/product from the plaintiff but did not because of a statement on Fornits"...  and that person has to be willing to testify.  How do you find such a person?  Educational consultants saying "some of our customers have been unwilling to commit because of this posting" doesn't count because it's heresay.  A decline in profit is not evidence either.  There has to be a direct link.

Quote
you can only sue an individual for (for example) intruding on their privacy by making public an embarrassing behavior.

Generally not true.  That's very much allowed.  It has to be a false statement of fact for a defamation tort.  Only certain states allow "public disclosure of private fact" or "false light" or something that might cover what you're implying.  I'm not sure about the legal issues surrounding those torts but I'm pretty sure it's probably quite difficult to win as well.

What's even worse for programs is that many states now have very strong anti-slapp legislation, meaning somebody filing such a suit can be made to pay both parties' legal costs (court costs as well as attorneys fees, sometimes with a multiplier).  Even in states that don't have such legislation, one can still file a malicious prosecution suit.

Quote
There are only a handful of people on this site who you can prove to be actual people, such as psy

Nope.  Not even Benchmark could prove that, and we weren't about to admit it to let them further complicate the suit after they already established a pattern of painting a moving target, was the judge ruled later was impermissible anyway because the anti-slapp motion forbade them from amending their complaint (for that reason).  They kept coming up with new statements they claimed to be defamatory after we kept showing them to be true or opinion.  Eventually they ran out of statements on my website and started pilfering through fornits and even ISACcorp.  They blamed certain posts on me and we just didn't respond after that.  It was "chaff" as my lawyers called it.  All it ended up doing was increase their final legal costs by increasing the time my lawyers spent.  Anyway.. all they could show is that I claim to be Michael Crawford and (may) have a lot of personal information about him.  There's nothing else that can be proven.  Evidence has to be admissible too and there are a whole host of ways to exclude it.

Quote
To my knowledge and from my experience, psy and the others are very careful about what they post.

This is true.  Even in light of all the above, I try and be as accurate as possible.  You should do the same thing if you're a guest, not because you think you're invincible (not quite true always), but because it's the right thing to do.  You don't have to lie about programs to make them look bad anyway.  The truth is horrid enough.  Hell.  Let them speak for themselves and they'll tie themselves a noose sooner or later.

^^^ above is not legal advice
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Offline Antigen

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Re: GO AHEAD, SUE US! (good luck)
« Reply #4 on: October 06, 2009, 01:39:03 AM »
Quote from: "psy"
You basically have to find somebody who says "i was going to purchase X service/product from the plaintiff but did not because of a statement on Fornits"... and that person has to be willing to testify.

As I understand it, said statement also has to be false and the onus is on the plaintiff to show that it's false. It's perfectly legal to give out factual information that dissuades someone from stepping in the same pile of feces you did.
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Offline Antigen

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Re: GO AHEAD, SUE US! (good luck)
« Reply #5 on: October 06, 2009, 01:46:32 AM »
Quote from: "psy"
Quote
To my knowledge and from my experience, psy and the others are very careful about what they post.

This is true.  Even in light of all the above, I try and be as accurate as possible.  You should do the same thing if you're a guest, not because you think you're invincible (not quite true always), but because it's the right thing to do.  You don't have to lie about programs to make them look bad anyway.  The truth is horrid enough.  Hell.  Let them speak for themselves and they'll tie themselves a noose sooner or later.

[/quote]

Yes, this is very, very true! Despite the fact that the legal system is rather unaccessible to those of us without a law degree and attending connections, the spirit of the law is still as it was. So long as you're careful to state as fact what is fact (provable) and as opinion what is your opinion you're within your rights. When you start stating opinion as fact and making claims that you can't prove then you may come into some trouble.
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Offline psy

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Re: GO AHEAD, SUE US! (good luck)
« Reply #6 on: October 06, 2009, 01:51:30 AM »
Quote from: "Antigen"
It's perfectly legal to give out factual information that dissuades someone from stepping in the same pile of feces you did.
Yup.  And it's a hell of a lot more effective than government regulation ever was or ever will be.
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Offline Anonymous

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Re: GO AHEAD, SUE US! (good luck)
« Reply #7 on: October 06, 2009, 01:56:01 AM »
yup psy you said it a little better than i did. being slightly....VERY stoned, i omitted quite a bit and just gave a quick run-down. My overall point being: You cant win against fornits. If programs try, they will only end up hurting themselves either financially or by making their misdeeds public. winning a case like this is next to impossible.

btw, john doe suits are purely symbolic. also, my state (NY) has a statute that says that if you for example, come across bondage equipment in someone's house and then tell the whole world, you can get sued. it depends on where the equipment is though; you set your own standard of privacy. if it's on display in your home, and you invited the person, then it's your problem. If it was in a drawer, or you walked in without being invited, you can sue. Likewise a picture taken at a party by a guest cannot be considered defamation, while a picture taken from the outside through a window (vantage point can be a factor too) and made public can be considered defamation. Also, a conversation taped without consent or warrant can both be considered defamation and also not admissible as evidence in any case in my state. I'm not sure if it's defined as "defamation" or something else....but the law is on the books. Not that this has anything to do with a potential lawsuit on fornits...but just saying.....


but question: One can seriously (theoretically) get in trouble posting opinion as fact logged on as guest on fornits?
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Offline psy

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Re: GO AHEAD, SUE US! (good luck)
« Reply #8 on: October 06, 2009, 02:28:46 AM »
Quote from: "Guest"
One can seriously (theoretically) get in trouble posting opinion as fact logged on as guest on fornits?

not legal advice: ->>

The line between opinion and fact is pretty easy to explain:

something is a false statement of fact if it can be proven false.  If something cannot be proven false, it's opinion or true fact.

Posting opinion as fact is not something you really have to worry about (though, as always, it's good to state how and why you believe something because it then often makes it evaluative opinion (a type of opinion)).  Opinion is still opinion, even if you present it as fact.  It's ok to say "x program is abusive" because "abuse" is a subjective matter of opinion always.  Still always good to further it by saying "x program is abusive because y and z" (evaluative opinion)...  That gives you two lines of defense.  Evaluative opinion can also make into opinion what would otherwise be statements of fact.  For example "x program commits fraud" might be libel per se on it's own, while "x program commits fraud by doing y and z" is opinion.  Reason why is you're explaining how and why you believe something and a person is free to accept or reject your reasoning and conclusions based on how you arrived at them (they might agree and go "yeah, that's fraud" or they might disagree and go "nah... that's legal").

Posting fact as opinion is definitely something you might worry about.  If you say "in my opinion black is white" it's still actually a false statement of fact.  "in my opinion" does not make a statement of fact opinion.  If you say "in my opinion X person is a convicted pedophile", and that isn't true, it's still a false statement of fact.

^<- not legal advice
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Offline Antigen

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Re: GO AHEAD, SUE US! (good luck)
« Reply #9 on: October 07, 2009, 01:13:06 AM »
Quote from: "psy"
Quote from: "Antigen"
It's perfectly legal to give out factual information that dissuades someone from stepping in the same pile of feces you did.
Yup.  And it's a hell of a lot more effective than government regulation ever was or ever will be.

And it has the added benefit of being true.
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Offline Antigen

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Re: GO AHEAD, SUE US! (good luck)
« Reply #10 on: October 07, 2009, 01:14:59 AM »
Quote from: "Eliscu2"
If I had $5.00 for every time someone threatened to sue Fornits, I would be rich! :rofl:

Less the one shot you'd owe me ;)
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Offline Anonymous

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Re: GO AHEAD, SUE US! (good luck)
« Reply #11 on: October 07, 2009, 01:22:06 AM »
Quote from: "psy"
Quote from: "Guest"
One can seriously (theoretically) get in trouble posting opinion as fact logged on as guest on fornits?

not legal advice: ->>

The line between opinion and fact is pretty easy to explain:

something is a false statement of fact if it can be proven false.  If something cannot be proven false, it's opinion or true fact.

Posting opinion as fact is not something you really have to worry about (though, as always, it's good to state how and why you believe something because it then often makes it evaluative opinion (a type of opinion)).  Opinion is still opinion, even if you present it as fact.  It's ok to say "x program is abusive" because "abuse" is a subjective matter of opinion always.  Still always good to further it by saying "x program is abusive because y and z" (evaluative opinion)...  That gives you two lines of defense.  Evaluative opinion can also make into opinion what would otherwise be statements of fact.  For example "x program commits fraud" might be libel per se on it's own, while "x program commits fraud by doing y and z" is opinion.  Reason why is you're explaining how and why you believe something and a person is free to accept or reject your reasoning and conclusions based on how you arrived at them (they might agree and go "yeah, that's fraud" or they might disagree and go "nah... that's legal").

Posting fact as opinion is definitely something you might worry about.  If you say "in my opinion black is white" it's still actually a false statement of fact.  "in my opinion" does not make a statement of fact opinion.  If you say "in my opinion X person is a convicted pedophile", and that isn't true, it's still a false statement of fact.

^<- not legal advice

thank you for the philosophy lesson.

let me restate my question in a more sober manner: Is it likely that someone investigating an individual who is posting as guest without a proxy will be able to get a hold of the IP addresses? (with a sopena/warrant/etc? without?)
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Offline Antigen

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Re: GO AHEAD, SUE US! (good luck)
« Reply #12 on: October 07, 2009, 01:36:17 AM »
Likely? If they're very, very determined and never misstep in their effort. Easy? Nope. We'll comply with a legal demand that compels us to do something. But not just any old fallacious demand. We ain't easy, fuckers! You trained us. You should know.  :rofl:
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Offline Anonymous

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Re: GO AHEAD, SUE US! (good luck)
« Reply #13 on: October 07, 2009, 03:35:56 AM »
do you regularly wipe records of IP addresses? are you required to keep records?
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Offline psy

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Re: GO AHEAD, SUE US! (good luck)
« Reply #14 on: October 07, 2009, 11:01:59 AM »
Quote from: "Guest"
let me restate my question in a more sober manner: Is it likely that someone investigating an individual who is posting as guest without a proxy will be able to get a hold of the IP addresses? (with a sopena/warrant/etc? without?)
not legal advice->>

You would likely have an opportunity to defend your identity if somebody was trying to get ahold of it.  They would need a subpoena or a warrant if it was a criminal matter.  I wouldn't say it's likely that they would succeed without first demonstrating that they had a good case, but it's possible...  However, if they sue you just to get your identity and they drop the suit, you can probably counter with a malicious prosecution suit or something like that.  I'm not a lawyer and am not completely sure about this issue.  You'd best either ask one or Google around to find out for sure if it's something you're concerned about.  Without a subpoena or warrant, we would not comply, period.  Even then, we generally pass it through our own set of lawyer to find out if there is anything we can do.  Privacy of posters here is important to both myself and ginger.

^<- not legal advice
« 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)