Get sued for nasty posts via an "anonymous" login

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laurie
laurie
QLD
3902 posts
QLD, 3902 posts
25 Feb 2010 1:08pm
This just happened today:

Legal counsel Martin Bennett has just won his client $30,000 in damages and costs, an apology, and undertakings from a Colac man that he won't post any more defamatory comments.

''There has been an increasing proliferation of internet chat sites where people feel free to hide their identities and make defamatory comments ...." Mr Bennet said in a statement released after the case in the Supreme Court of Western Australia was resolved.

www.smh.com.au/technology/cyber-poisonpenner-hunted-down-and-sued-20100224-p3n7.html

Mr Bennett has launched two more cases. Both are pending before the WA Supreme Court.
pooman
pooman
WA
293 posts
WA, 293 posts
25 Feb 2010 11:25am
I'm still amazed that people believe they can still be "anonymous" on the net...
getfunky
getfunky
WA
4485 posts
WA, 4485 posts
25 Feb 2010 1:02pm
I think the above case involved corporate defamation.. all the same it is long overdue that the idea the internerd is there to live out fantasies as a bully or general all round orsool is nearing an end.

The internerd is for wind/wave info n porn - stoopid. Now play nice.
Mister Dugong
Mister Dugong
368 posts
368 posts
25 Feb 2010 3:31pm
It seems safer when da boys/girls biff it out on a key board than when the boys/girls have had a skin full of beers and then in person, want to let some know about it.

heres an idea,
the abuse forum!!
Only accessable if you've wavered your defamation rights or some thing, usernames aI re blocked if your not one to be a part of it so you cant be villified with out consent.

if you cant take, it dont give it etc..

.Go on tell me my ideas ruted.... I dare you, mwha hah ha ha[}:)]
doggie
doggie
WA
15849 posts
WA, 15849 posts
25 Feb 2010 3:50pm
Can get a bit heavy at times, there is no need to get agressive.

Cant imagine it getting that bad here, can it??
maxm
maxm
NSW
864 posts
NSW, 864 posts
25 Feb 2010 7:13pm
wotzy77 said...

if you cant take, it dont give it etc..

.Go on tell me my ideas ruted.... I dare you, mwha hah ha ha[}:)]


It pretty much exists. Google Sailing Anarchy.
busterwa
busterwa
3782 posts
3782 posts
25 Feb 2010 5:04pm

Who? "martian "bannet" sack licking bottom feeder lawyer what next mr bannet (ball slapper)gona take 12 yearold to court for playn a videogame.
doggie
doggie
WA
15849 posts
WA, 15849 posts
25 Feb 2010 5:08pm
busterwa said...

Who? "martian "bannet" sack licking bottom feeder lawyer what next mr bannet (ball slapper)gona take 12 yearold to court for playn a videogame.


hehe
maxm
maxm
NSW
864 posts
NSW, 864 posts
25 Feb 2010 8:33pm
This comment to the article pretty much sums it up for me:

"What's up with the whining about 'privacy' and 'free speech?'

To my knowledge laws on defamation have not changed signficantly in recent times, so really this is simply a way of enforcing a current statute. Anyways, taking court action is expensive with an uncertain outcome, so only the really bad cases are going to wind up in the courts anyway.

Funny how some people equate 'free speech' with 'being able to say whatever I want, whenevr I want, in whatever forum I want be it true / false / malicious / slanderous'. Note to these people - the internet is a public forum. Say whatever you want in private - but when you are in a public space the law of the land applies. Simple really."

-Nick
GalahOnTheBay
GalahOnTheBay
NSW
4188 posts
NSW, 4188 posts
25 Feb 2010 8:34pm
wotzy77 said...

heres an idea,
the abuse forum!!
Only accessable if you've wavered your defamation rights or some thing, usernames aI re blocked if your not one to be a part of it so you cant be villified with out consent.


Nice idea but there are some rights you can't sign away, and even if you sign them away they are still enforceable (e.g. about half of most people's employment contracts are not enforceable, signed or not, but that's another story)

How about we meet you half way and make a flame forum that everyone can post to, but no-one can see any of the posts?
sharkbiscuit
sharkbiscuit
820 posts
820 posts
25 Feb 2010 5:57pm
Laurie

Everytime somebody rolls over at the slightest hint of legal provocation, Ie: this dip jit:

http://users.dhp.com/~verbal/laurence_godfrey/godfrey.html

it erodes what little right we have how days of telling it how it is. Here is some inspiration:

www.wired.com/techbiz/people/magazine/16-06/mf_hiroyuki

Ja
Bigwavedave
Bigwavedave
QLD
2057 posts
QLD, 2057 posts
25 Feb 2010 10:04pm
I believe in freedom of speech but I also believe that what you say must be true.

To use an anonymous identity on an internet forum (or any media really) to spread lies and assassinate someones character is a cowardly act and there should be a way for the victim to have it stopped and possibly seek damages if there has been a loss incurred.

The right to freedom of speech that our ancestors fought for and died to protect should not include the right to be dishonest, vindictive and nasty without penalty.

oliver
oliver
3952 posts
3952 posts
25 Feb 2010 8:37pm
If this is anything to go by, in another story published today, moderators can be responsible for content that appears on their site.

"A court in Milan on Wednesday convicted three Google Italy executives over an internet video showing a handicapped teenager being bullied - an unprecedented ruling that the US internet search giant vowed to appeal."

www.theage.com.au/technology/google-executives-convicted-over-posted-video-20100225-p414.html
au_rick
au_rick
WA
752 posts
WA, 752 posts
2 Mar 2010 9:22am
errr, Is this the right room for an argument ??
TrevNewman
TrevNewman
VIC
237 posts
VIC, 237 posts
2 Mar 2010 12:55pm
oliver said...

If this is anything to go by, in another story published today, moderators can be responsible for content that appears on their site.

"A court in Milan on Wednesday convicted three Google Italy executives over an internet video showing a handicapped teenager being bullied - an unprecedented ruling that the US internet search giant vowed to appeal."

www.theage.com.au/technology/google-executives-convicted-over-posted-video-20100225-p414.html


I heard about that google thing, ridiculous IMO.

I think George W Bush actually made a law against 'e-annoyance' - he certainly kept his eye on the important stuff during his time LOL.

A few years back a chick in the US got sued for $11,000,000 for hating on someone on a forum and making up a story about someones sister being dead or something.

ppl get busted for downloading movies and stuff too, I think the movie companies hit some chick up for $15,000,000 for uploading/downloading, she could have taken a $3,000 fine like most people did, but for some stupid reason thought she would argue it in court and got made an example of.
laurie
laurie
QLD
3902 posts
QLD, 3902 posts
3 Mar 2010 12:19pm
oliver said...

If this is anything to go by, in another story published today, moderators can be responsible for content that appears on their site.

"A court in Milan on Wednesday convicted three Google Italy executives over an internet video showing a handicapped teenager being bullied - an unprecedented ruling that the US internet search giant vowed to appeal."

www.theage.com.au/technology/google-executives-convicted-over-posted-video-20100225-p414.html


iiNet (Aus 3rd largest ISP) recent won the court case against 30 movie studios claiming they were responsible for the traffic they transmitted (in their case, illegally downloaded movies).

Cost them $4 mill to defend, and iiNet won.

Part of their defense was the concept that if the ISP was liable, then so was the modem manufacturer, the copper wire provider, the electricity company, anybody involved in the infrastructure of the internet. Perhaps like holding a car maker responsible, because a criminal use a car to commit a crime?

www.theaustralian.com.au/australian-it/iinet-wins-court-case-against-hollywood-heavyweights/story-e6frgakx-1225826637560
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