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Search Results for: blogger sued

German Blogger Sued in China

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The Internet transcends geographic boundaries, and this means people can reach out to others regardless of location or distance. However, this also means that the principles governing legal matters might also need re-thinking. For instance, legal jurisdiction is not as easily established as with cases wherein the parties involved are within the same political boundaries.

Laws like the DMCA (among many others) base jurisdiction upon the actual physical location of data -usually the laws in the country where the host server resides would apply. Parties who wish to circumvent such laws usually choose to host offshore (in neutral territory, or one without relevant laws). However, when it’s not the legality of the data itself that’s being debated, but acts done by individuals, then it becomes more complicated. And things become more interesting as people and companies continue to test the limits of the legal systems in various countries.

[Read more…]

Maine blogger sued by Ad Agency and why there are two sides to every story

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Maine Logo

Lance Dutson, who blogs at Maine Web Report was sued this week by Warren Kremer Paino Advertising for reporting that Dutston had posted to his blog about the Maine Office of Tourism.

Lance writes about the core of the story:

Here’€™s the ad they’€™re suing me for showing, an ad I pulled from the Maine Department of Economic and Community Development website, that features a phone sex number instead of the real number to call for Maine tourism information:

So instead of owning up to the mistake, they’€™re suing me. This isn’€™t going to work.

Dutson is a member of the Media Bloggers Association, a group formed to support the development of blogging as a distinct form of journalism. Their President, Robert Cox, had this to say about the case:

This case is nothing more than an attempt by a deep-pocketed litigant to bully a blogger for criticizing state officials and state contractors. We have successfully defended MBA members in nine previous cases and I don’t expect the outcome here to be be any different.

On the surface, and without reading the details of the case this morning, this seems like an absurd lawsuit primarily due to the inability of some to own up to a mistake. Publishing a phone sex line in a tourism ad is a pretty major mistake, especially for a state tourism agency.

This story is being discussed widely discussed widely throughout the blogosphere currently. Most bloggers have instantly jumped in to support Dutson.

Blogger Scott Johnson, formerly of Feedster, took a different approach and called Tom McCartin of Warren Kremer Paino in order to get the other side of the story:

The issue isn’€™t free speech; its manipulation of Google and how the search engine results are presenting his business to the world. Now that’€™s something I can understand. I’€™m a business owner too. I’€™d never go to the level of a lawsuit personally but that’€™s due to how I feel about the U.S. legal system

Even after his conversation with Mr. McCartin, Johnson still feels that the lawsuit is a mistake and offers to donate to Dutson’s legal defense fund, if one is setup.

The real lesson here though for bloggers is that to be taken seriously as media, bloggers need to be willing to attempt to get both sides of the story. Johnson is the only blogger that I’m aware of that took the time to pick up the phone and listen to the other side of the story in order to truly understand – and then to write a post explaining why he chose to support Dutson.

Blogger sued over comments left on Blog

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The guru behind SEO Book Aaron Wall (who for the record is also advertising here with BlogAds) is being sued by Traffic-Power.com in relation to comments left on his blog by other people.

More details on Aarons blog here. Intuitive Systems also has more details. Robert Scoble, in a fit of insanity is suggesting that the solution is to moderate or turn off your comments. How bout free speech Scoble?

If successful the case has the potential to cause major upheaval in the blogosphere as comments would need to be filtered in cases where there was even the slightest chance someone might sue or find the comment offensive or disagree with it.

Mght be time to update the disclosure and editorial statement.

Real estate blogger being sued for $25m for alleged libel

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Seems you have to be very careful what you blog for. Even if your life isn’t in danger, your wallet could be.

Reports suggest that a Miami-based Real Estate developer is being sued for twenty-five million dollars over some negative comments he made on his personal blog.

According to “How to Split an Atom”:

In a posting, he spoke poorly of the Opera Tower, a condo owned by a developer, one Tibor Hollo.

Tibor believes that Lucas’ post constitutes Libel. Lucas stated that the development company responsible for the Opera went Bankrupt during the 1980s and that future buyers should be weary [sic] of dealing with them.

Tibor says the company never went Bankrupt… and says that Lucas’ post has been seriously detrimental to his business.

Of course, anyone could have written this, though I can’t help thinking that a traditional journalist would have simply had to print a retraction.

Perhaps it’s the nature of blogs, that they “hang around” online for much longer than a print newspaper does.

With ridiculous legal challenges like this springing up, it’s not surprising that many businesses are so nervous of blogging.

Downright irresponsible blogging, like any form of public writing, should be held accountable, but surely this case is beyond a joke?

(Via How to Split an Atom)

Minnesota political blogger being sued for defamation

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A Democratic public relations consultant is suing a Republican blogger for defamation in a case that AP says could offer a key test of the First Amendment rights of bloggers.

AP reports that the lawsuit pits Blois Olson, the president of PR firm New School Communications and a well-known Democratic political commentator, against Michael Brodkorb, a Republican operative who publishes the blog “Minnesota Democrats Exposed.”

In the suit, Olson disputes a series of postings made by Brodkorb last week about criticisms Olson made of the congressional campaign of Democrat Coleen Rowley. Brodkorb wrote that an anonymous source told him that the Rowley campaign refused to hire New School Communications for consulting work, prompting Brodkorb to ask why Olson didn’t disclose that when he criticized Rowley in several news stories.