Comments on: Even in Net litigation, it's all about location

Attorney Eric J. Sinrod says Web publishers and surfers can learn--and take comfort--from the dismissed DontDateHimGirl.com suit.

[ajhoughton]

if only common sense were universal

It's a shame that the judge who made this eminently sensible
decision wasn't the one presiding over the farcical lawsuit that
was filed against Spamhaus:

http://www.spamhaus.org/organization/statement.lasso?ref=3

Judge Charles P. Kocoras appears to feel that the entire world is
his jurisdiction (contrary to United States Law, I might add), and
accordingly is quite happy to make rulings against an entity that
exists not in the United States but in the United Kingdom.

[arluthier]

Confused.

When I started reading the article, I assume he was claiming the posters of the defamatory statements as the defendants. So I was a bit confused on why all the investigation into the commercial status of the website operators.

WHY would this moron be filing suit against the website operators for comments that were posted that he found as incorrect? To me that would be along the lines of sueing a paper company for providing the paper that someone wrote a hateful letter on.

If he was a smart man (which may explain the problems the women have with him) he would have focused on the people that were ACTUALLY defaming him.

[Penguinisto]

One possibility...

Perhaps he asked them to retract/delete the entry (or divulge any ID info on the poster), and they refused?

IMHO, sites like that walk a very thin line anyway.

One would hope that the site owners are/were smart enough to provide some sort of "his side of the story" thing with each profile, where the poor schmuck being targeted could at least post his side of the story (if for no other reason than to call the original poster a liar).

/P

[michaelo1966]

Bad decision

This was a bad decision. The website operator was clearly soliciting customers in the plaintiffs state. In fact, the overwhelming purpose of their business -- public disclosure to potential dating partners -- would only be applicable to women living close to the plaintiff who would also likely live in his state.

The name of this website suggests that it's a libel-mill serving no particularly positive purpose. They seem to have gotten out of this one on a technicality but somebody will eventually shut down this sewer, or at least bankrupt the operators.

[brianpaige]

Well...

Not quite as bad as that. The website operator was soliciting people in PA about as much as they solicited anywhere else in the world. Given that anyone with a web connection and the gumption to look up the site could get connected to it, there is no specific evidence of solicitation for PA residents.(yes, I said gumption, get over it ya whipper-snapper). It's not like MLB.com, where they restrict what you can do based on where you are, for example restricting your ability to watch the Braves if you're in Atlanta. Another example, likely more appropos, would be cable companies specifically targeting advertising based on a subscriber's location. In this case, solicitation is specific and intentional. For the site named in the suit, there is no such attempt.

As for libel-mill, that's a separate issue; one on which the barrister likely should have attacked rather than solicitation as it seems more tenable to me. Not gonna try to go further with that one though, as I have absolutely no training in journalism and the limitations of protection to free speech.

[Penguinisto]

Man, that's gotta suck...

But then, why didn't the guy post a C&D to the site's owners, then subpoena the IP addy and all other info about the defaming poster, then do the same w/ the ISP to get hold of the user? The RIAA does that all the time w/ ISP's to chase P2P users.

Also, does the website have a policy of retraction, or at least allowing a response by the person being talked about? Consider that next time they may not so easily dodge the bullet (e.g. the next offended/libelled/defamed dude may go to Florida --or already live in Florida-- and sue the owners directly).

IMHO, I'm glad that I left the dating rat-race aeons ago; one wonders what a psycho ex-s/o would pull nowadays.

/P

[Victim of Cyberstalking]

I can tell you what a psycho does

RE: IMHO, I'm glad that I left the dating rat-race aeons ago; one wonders what a psycho ex-s/o would pull nowadays.

A psycho stalks you off and online. There are many sites that will post defamitory and personal information. Check out cheaternews.com, they wont remove any posts. They believe the first amendment allows harrassment. There are some sites that do allow people to post but will remove a posting if they are requested to.

[NoVista]

50/50

It's not libel if it's true [and you can prove it].

Sure, some of these women are angry, resentful, want revenge. Some are probably scared of an unforunate relation, and rightfull so.

For every "Fatal Attraction" psycho there are many more men whose lifestyle justifies abusing women, whether physically or verbally.

Not that I would ever be found as a 'bad example' there but my approach would be "say you piece and be done with it."

It's a foregone conclusion that the response to that would be a battalion of radical feminists who believe All Men Are Always Wrong. Who cares about their delusions? So, 'sticks and stones', ignore it and move on.