Lawyer Sues Yahoo for Message Board Name-Calling 492
Yardboy writes "Yahoo! News has a story concerning one Stephen Galton who has filed a class-action lawsuit against Yahoo claiming the company 'unfairly protected people who post negative messages on its bulletin boards and falsely advertised that it prevents such abusive messages.' Seems he was subjected to name-calling (such as shyster) when he signed up under the username 'stephengalton' in order to respond to a negative post about an unidentified client. As other users chimed in with negative remarks, Galton filed suit against them (it's not clear from the story for what) and sought their personal information from Yahoo via a subpoena. The lawsuit seeks restitution, a permanent injunction and other forms of relief. What's really interesting is all the message board posts relating to the story have been deleted."
Information (Score:5, Insightful)
Re:Information (Score:5, Funny)
Incidently, here in america, we use litigation for everything. Just the morning I used litigation to open a mayonnaise jar that was wouldn't open.
Re:Information (Score:5, Funny)
I'm sure a jury will have no problem finding you guilty.
Re:Information (Score:5, Funny)
NOT so fast, there. I was snacking on twinkies and coffee; so clearly my violation of the "User Agrees To Preview Each Comment" clause of the slashdot EULA is not MY fault, but the fault of Hostess and Foldgers coffee.
Re:Information (Score:5, Funny)
You may get out of that lawsuit, but you are still clearly in violation of my patent "Decanting a glass, plastic, or other receptacle containing an egg/oil emulsion for food flavoring or other purposes."
Re:Information (Score:3, Funny)
However, that can be worked around via my patent of "dipping into the jar", which is available royalty-free under an open-license for anyone who does not have similar patents or who makes their own patents available to the public on similar terms.
In RE: "Mayo Jar" (Score:5, Funny)
Re:In RE: "Mayo Jar" (Score:5, Funny)
Re:In RE: "Mayo Jar" (Score:3, Funny)
Re:Information (Score:2)
Apparently so considering the /. readership far exceeds that of any Yahoo message board.
Re:Information (Score:3, Informative)
Re:Information (Score:3, Funny)
Re:Information (Score:3, Insightful)
Re:Information (Score:3, Insightful)
Not a problem if you're right, and the guy posting to Yahoo is libeling you.
Rather than letting 1000 people on Yahoo think Mr. Anonymous is right when he defames me, I'd rather sue him and let that billion candlepower light you speak of illuminate th
Re:Information (Score:3, Funny)
Re:Information (Score:3, Interesting)
IANAL, but... Don't you also have to show that a reasonable person would read the posting, believe it, and in some way (maybe not investing in your company) damage you?
If someone writes "That investment was stupid, he should stop smoking crack," they may be libeling you, but the lawsuit wouldn't fly.
Re:Information (Score:5, Funny)
Whereas if your story makes the slashdot front page, you can take it as a given that sooner or later someone is going to google about looking for you, find a photo of you, and link to it [galtonhelm.com] for all the world to see that you really do look like "overly robust geezer that makes a living walking behind the elephant with a shovel."
Man, if I looked like that, I'd be busy keeping my self out of public view, not inspiring the whole planet to take a look at my fat, ugly, shyster mug!
Re:Information (Score:5, Interesting)
I'm very serious about that. While it sounds (and it actually is) easy to say these kind of things about someone, using your computer, it does not mean that what you just did is not something serious.
A lot of crimes are very easy to commit, but they will not give the society less reasons to punish you for what you did. And they are still crimes, and still wrong, no matter how innocent they might seem to you.
No matter what you think about how this guy looks like, he is still have his right to care about his reputation and not be publicy ridiculized by a bunch of people who has not grown (sometimes mentally) up yet. Your freedom to say things about him stops exactly at the start of his rights to a fair treatment and to not be humiliated.
And again, no matter what do you think about him, he still have his rights, and they should be respected.
Re:Information (Score:3, Insightful)
Re:Information (Score:5, Insightful)
What the hell are you talking about, exactly? "Rights to not be humiliated"? What nation do you live in that gives its citizens a right to not be humiliated? The same with a "rights to a fair treatment". Here in America, where I'm from and whose laws I'm basing my statements from; you have a right to state your opinion about somebody or something, as long as its not slanderous or libelous, which only a judge in a courtroom can decide.
For example, I will now state my opinion that you are an asscandle. That is a pretty fair statement, I think. That statement is not slander, because it was not spoken; nor is it libelous unless a judge decides that I had knowledge that you are in fact not an asscandle, and I made that statment maliciously.
I know of no "right to care about one's reputation" either, but I will agree with you that people generally expect to be able to defend their reputation. The gentleman in question was at one point called a "shyster". Let's see what dictionary.com has to say about that:
It is my opinion that filing lawsuits against a message board because some of its members said things you didn't like to hear is the action of a shyster lawyer. Despite what you seem to think, people (at least here in America) do have a right to state their opinion, which generally includes ridiculing people, most especially when their actions are deserving of ridicule. Unless its slanderous or libelous (which only a judge can decide), at which point they're open to legal action.
Your freedom to say things about him stops exactly at the start of his rights to a fair treatment and to not be humiliated.
It is my opinion that you sir, are an asscandle. Possibly a fucktable as well, depending on your reaction to this post.
So sue me.
Re:Information (Score:3, Interesting)
You're kidding right?
What about letters to the editor, opinions, etc. etc.
If I think G.W is an utter moron who's running this country into the ground, I shouldn't say anything because it might hurt his feeling?
This is the INTERNET. This is a PUBLIC FORUM. If you don't like what someone is saying IGNORE THEM or FIGHT BACK.
Some people didn't like what this guy did or was doing. They called him on it. Some respons
Re:MOD PARENT IGNORAMOUS (Score:3, Funny)
Sorry, Mr. Coward, but "grade" has an E in it.
Protected speech (Score:5, Insightful)
Re:Protected speech (Score:5, Interesting)
Re:Protected speech (Score:5, Interesting)
This guy is out of luck, regardless. Google and Yahoo can get away with passing the information on without editing, as they serve as intermediaries, not initiators - at least they can in the US.
The irony here is that a shyster can generally be determined by the frequency with which the attorney sues... so even if he does get to court and gives a compelling case, he's basically showing the characteristics of one by suing everyone he can find.
Re:Protected speech (Score:5, Insightful)
Right up until the bit where they set themselves up as editors. Deleting the 'offending' posts, if in fact they have done that, constitutes an edit. Now, they're not intermediaries any more, they're active participants, and they're editors. They put them selves in the sights of some dodgy lawyer as a result.
this is the single biggest problem that I have with all forms of censorship. Even the stuff that your boss installs to block pr0n and warez and b00bies from the office web proxy. Apart from the fact that those tools fundamentally do not work, he's setting himself up for the one day when poor sensitive Mrs Jones over in accounts catches a glipse of a goatse man or a tubgirl that the filter somehow missed. The shyste^W^W^W^W^W^Wlawyers words go something along the lines of "You undertook to protect Mrs Jones from such horrors when you installed the content filter, and you failed your duty to Mrs Jones when she saw tubgirl. J00 15 ownz3d. Giz bulk cash!".
Filtering or editing in any commercial and/or public context is just plain dumb.
Re:Protected speech (Score:5, Funny)
Re:Protected speech (Score:5, Funny)
Only those of you with mod points!
I knew there was an advantage to being a newbie.
Wrong on the facts (Score:2)
Re:Wrong on the facts (Score:3, Interesting)
Re:Wrong on the facts (Score:3, Informative)
In this case, though, the suit is not about what was said, but rather about whether Yahoo did or did not make a good faith effort to suppress slandar after it was informed that the slandar had taken place. When you subscribe to their message boards, you click a standards of use contract. It binds Y
Or libel? (Score:2)
"MacGabhain spent most of the 1990s smoking ragweed and cohabitating with a llama." would almost certainly be found to be libel if said outside of a pretty clear comic sense (or, of course, by me).
"Stephen Galton is a poopy-head!" would not be, as it contains no factual claims. Not sure of the content of what he's asking Yahoo! for. Entirely not sure of why he thinks he can make a class out of this.
Re:Protected speech (Score:5, Insightful)
Re:Protected speech (Score:5, Interesting)
Re:Protected speech (Score:2)
Re:Protected speech (Score:2)
Re:Protected speech (Score:5, Informative)
Re:Protected speech (Score:3, Informative)
Sounds freaky to Americans, but it's true. It's a bit of a legally enforced i
Re:Protected speech (Score:3, Insightful)
What are you thinking? That's the business model of the entire tabloid press!
Re:Protected speech (Score:5, Informative)
Yes I have. Libel is making a false statement of a person. Calling him a name is not a true or false statement, but is rather opinion. Libel is not calling someone an asshat or shyster. Libel is saying he killed Nichole Brown Simpson. Libel is saying he accepted money from Evil, Corp. when in fact he didn't.
Libel is the difference between demeaning opinions and demeaning false statements.
Re:Protected speech (Score:5, Interesting)
Actually, lying to a police office (or other govt. official) who is conducting an investigation is a crime in the US. It is called "Obstructing Justice". You have the right to say nothing, but you don't have the right to say something false. Of course, neither apply here, the lawyer is just a pussy. Yahoo users keep posting new comments, and Yahoo keeps deleting them.
Oh wait, I just looked again, now over 100. Holy shit, Yahoo is getting slashdotted, lol
Re:Protected speech (Score:5, Funny)
Oh, great. Now all of
Re:Yeah? Someone should talk to the DNC... (Score:3, Insightful)
Ironically, I wonder if in this case the guy could classify as public person for making such a ruckus...
Next Case (Score:5, Funny)
You don't know who I am Stephen... (Score:5, Funny)
Stephen Galton's Contact Info (Score:5, Informative)
sgalton@galtonhelm.com [mailto]
Go on, tell him what you think.
Re:Stephen Galton's Contact Info (Score:4, Funny)
sgalton@galtonhelm.com - (213) 629-8800 (Score:5, Informative)
I think its important to post this information, before yahoo deletes it.
Please note that I am not posting anonymously.
Re:sgalton@galtonhelm.com - (213) 629-8800 (Score:4, Informative)
Suing for namecalling? He is a shyster. (Score:5, Insightful)
Re:Suing for namecalling? He is a shyster. (Score:2)
I'm sure he'll listen; after all, lawyers have such a stellar track record for considering the greater good of their actions.
Re:Suing for namecalling? He is a shyster. (Score:4, Interesting)
The problem is that we in the United States did a poor job of setting up our court system, with extremely lucrative punitive damages. As a result, it is very profitable to prosecute bullshit lawsuits, and a number of people, not surprisingly, do so.
Furthermore, it turns out that most people are irrational and swayed by emotion, and those that serve on a jury are no different -- hence efforts by lawyers to try to sway jurors, and the perception of them as manipulative people.
We recognize that our country has issues with its legal system; the problem is that we then blame lawyers for it.
Re:Suing for namecalling? He is a shyster. (Score:2)
Cry baby (Score:2, Interesting)
Stephen Galton cry-baby, "waa waa, these people are calling me names and making me cry, waa waa".
Sheesh! Get a life, find more useful things to do in life, idiot!
How many times do these lawyers need to be reminded of the 1st amendment and right to free speech??? Don't they learn about this in law school?
Reminds me of a '00 story when Microsoft tried to sue /. over some postings here!!
Re:Cry baby (Score:5, Funny)
Some of the 1% (Score:3, Interesting)
Mahatma Gandhi
35 of the US Founding Fathers [faqfarm.com]
Cherie Booth QC (who still takes human rights cases against her husband's government, and wins, and incidentally earns 4x more than the PM)
Some of the above, and some more obscure ones, are listed here [timesonline.co.uk]
However there's still a long way to go when google [google.co.uk] asks, in response to the search for "great lawyers",
"Did you mean: great leaders?"!
Re:Cry baby (Score:2, Informative)
http://features.slashdot.org/features/00/05/11/015 3247.shtml?tid=153&tid=9 [slashdot.org]
Slashdot effect.... (Score:3, Funny)
As per an earlier story... (Score:5, Funny)
Nah (Score:2)
Step 2 discovered! (Score:5, Funny)
2. Sue Slashdot and those who insulted
3. Profit!
Man, that applies to me in so many other online forums... I could make billions... or even millions! Bwahahaha!
The plan won't work (Score:2)
Messages deleted? (Score:5, Funny)
Well then, if someone's being defamed or libeled, and all the defamatory or libelous comments are deleted, then any accusation that the message board that hosted the defamatory or libelous comments would be questionable at best. One might go so far as to say that the sort of person who'd press a suit accusing the message board provider of negligence in such a situation was an ambulance-chasing shyster with less personal appeal than the Goatse Guy... except, of course, that anyone who said such a thing would probably open themselves up to a defamation of character suit from Mr. Goatse himself.
Have a heart! (Score:2)
Please. Don't insult the Goatse Guy.
Comparing him to Stephen Galton, who, by the way, is a DUMB SHYSTER, may very well be actionable defamation.
You missed the point (Score:5, Insightful)
Re:You missed the point (Score:5, Informative)
I do see the following:
Which seems to throw out his argument. Just below that it does say but then it continues So it sounds like to me that they can remove the content he objected to as it is arguably harrassing or defamatory, but they are under no obligation to prevent it.If you can find anything on Yahoo!'s site that goes against that, feel free to post it.
TOS are also re-displayed as changed (Score:3, Informative)
Yahoo has been in court literally hundreds of times for all sorts of issues, and the TOS is probably airtight with regards to this case. The only major concession I think the firm has made was to the Yahoo Cake Co of Texas - Yahoo agreed not to enter the cake business, ever.
give me a break (Score:2, Insightful)
We're all gonna get sued... (Score:2, Funny)
What if....... (Score:2, Funny)
This is proof (Score:2)
No control over content (Score:5, Interesting)
Another case of someone just trying to make a buck.
Re:No control over content (Score:3, Informative)
What better way to prove to your potential customers that you REALLY know law, so ther
Frivilous Lawsuits and Abuse of the Law.... (Score:4, Interesting)
Re:Frivilous Lawsuits and Abuse of the Law.... (Score:5, Interesting)
This is frankly bullshit. I'm an attorney in Pennsylvania. I am regulated by the disciplinary board of the Supreme Court of Pennsylvania. The Supreme Court of Pennsylvania is elected (not appointed, elected), by the people of the Commonwealth of Pennsylvania. If a person has a complaint about my conduct as a lawyer, it goes to the Supreme Court of Pennsylvania. When I make out my check to renew my license every year, it's to the Supreme Court of Pennsylvania. Most states, at least in the eastern part of the US, are like this. Many states, including my neighboring state of New Jersey, post details of all ethics investigations of individual lawyers on their Disciplinary Board websites, whether the lawyer is found guilty or not. Incidentally, I've never seen a state do the same for doctors and malpractice complaints. Or engineers and structural failures. I had to pass an intensive background check before I was able to work in the profession I devoted three years of study to. How about you?
The ABA, Pennsylvania Bar Association, Philadelphia Bar Association, etc. are *private organizations* which collect dues. Many lawyers aren't members.
It never ceases to amaze me, as a former network consultant, how people who would scream and yell at the slightest sign of ignorance of a computer-related topic are perfectly willing to make the most outrageous statements about other people's livelihoods (which, let me assure you, require equally arduous study as CS) without the slightest bit of knowledge to back them up.
Some lawyers are crooks. Some doctors are incompetent bunglers. Some politicians are liars. And some slashdot users? Can't spell "frivolous..."
Let's get this straight. (Score:2, Interesting)
Sounds like your typical Slashdot user.
I think among the Slashdot crowd it's of course common knowledge that Yahoo deletes comments all the time, just like Slashdot does [slashdot.org]. Slashdot has endured legal challenges from the DMCA and weathered them nicely, but this is an entirely different branch
Re:Let's get this straight. (Score:2)
The site isn't about me, and my credibility has nothing to do with the facts of the stories I present. They are MY editorials, I'm not purporting to be a journalist. I am merely writing. Do I want to shape an opinion? If you want to look at it that way. Ok.
Here's my beef : I make it clear what my affiliations and biases are
Re:Let's get this straight. (Score:2)
I don't think so. Nothing is deleted: if you want to read the raw, uncut Slashdot, simply set your threshold to -1 and go crazy! This system is simply a method for us to try to work together to categorize the thousands of comments that are posted each day in such a way that we can benefit from the wisdom contained in the discussions. It's in there! It just takes some work to find it.
It doesn't say anything about banning people from posting. Really, wha
Re:Let's get this straight. (Score:4, Informative)
Stephen Galton a pseudonym (Score:3, Funny)
Been there, done that (Score:5, Interesting)
Some of the stuff was pretty nasty, but at times it was a good laugh, and after a while the company started posting the legalese messages on the board, like "This is the legal dept of such-and-such, just to let you know, this board is being monitored and archived".
Anyway, they sued Yahoo! and subpoened Yahoo! for a bunch of online identities who were clearly former employees discussing what was called "sensitive information" on the public board and that had something to do with "negative public image". Needless to say, Yahoo! just kinda ignored the lawsuit for a while, although a bunch of people were a bit scared about the outcome.
Unfortunately, I dont remember whether it was the court that denied any reponsibility on Yahoo's part, or whether it was the company dissolving (I quit after being there for 2 months), but the identities were never revealed, and since the company went bankrupt, not that it really mattered.
He just doesn't understand the nature of.... (Score:2)
Its become clear to anyone who has been on for a few years that the internet has a negative tendancy.
This is a result of, or indication of, the level of maturity or immaturity of its general users.
There are alot of things that fuel this, from those going online to release their work day frustrations by dumping it on others, who probably live in some other country which makes law suits even more difficult.
And there are those who like to play games and can hide behind teh online mask they
I wonder how long it will take... (Score:5, Funny)
Does this mean ...... (Score:5, Funny)
wasn't it a lawyer on a newsgroup... (Score:3, Insightful)
well then, we have divine justice/ karma, or that "first spam post! w00t!" newsgroup lawyer from the early 1990s should have his butt sued too
regardless, i really can't get worked up too much about this lawyer's horrible, horrible victimhood, since if the real world effect of newsgroup negativity is as potent as this lawyer might insist, then anyone who has ever been flamed or trolled on slashdot probably has grounds for legal action and or psychiatric counseling too
right
hey, found the wikipedia reference to the world's first spam [wikipedia.org]
Real Info (Score:3, Insightful)
One word... (Score:2)
(Please don't sue /.)
Illustrates a huge problem with our legal system (Score:5, Insightful)
This waste the other party's time AND the government's time costing us all money.
What should happen here is that the first judge to see that paperwork should call him a "stupid crybaby" and fine him several thousand dollars.
It a shame we can't deal with baseless legal threats the same way we deal with threats of physical violence.
These types of threats really do hurt people, and the system should take that into account.
Unfortunately, it doesn't. This is why we have bullshit lawsuits about this like "one click" shopping and the fucking ALT key.
The end result is that both parties spend a bunch of money on litigation. We as taxpayers spend our money as well, and a couple lawyers who knew full well the suit was bullshit get rich.
It's bad for everyone but the fucking lawyers. FUCK LAWYERS.
Are you a "good" lawyer? Then do something about it! Purge the assholes from your ranks!
Do you think doctors would tolerate this type of behavior within THEIR ranks? You're supposed to be fricking professionals.
Well it was fun while it lasted (Score:3, Insightful)
The mayhem we are vulnerable to on today's message boards isn't libel, it's litigation brought by people who can't excuse other people for acting and talking like humans. The result is that people are going to have to be hyper-careful about expressing anything negative, like employers being asked about former employees.
If this gentleman wins his suit(s), imagine how many people George Bush could sue for comparing him with Hitler. Or Courtney Love for calling her a skank? Everybody has the right to their own opinion, as long as they shut up about it.
I hope this douchebag never reads usenet!!! (Score:3, Insightful)
Why people don't like lawyers (Score:4, Insightful)
California SLAPP Information (Score:4, Informative)
Apparently the lawyer isn't.
Hey, Steve! Fuck You, Shyster! (Score:5, Funny)
Reminds me of the guy in San Francisco who was interviewed on the street by a local TV station running a story on why people hate lawyers.
He said it was because lawyers were lying, cheating, back-stabbing, no-good, whatever, I don't remember the exact words.
They asked him what he did for a living.
He said, "I'm a lawyer."
A couple of weeks later, they did a follow-up story. It seems this guy was just out of law school and was looking for a job with a local law firm.
He got a ton of offers from local law firms after his ten second spot in the original interview.
I'm gonna sue Slashdot... (Score:3, Funny)
Not only are abusive posts about me not removed, they are consistently moderated up to "+5 Funny".
A time honored tradition (Score:3, Interesting)
And of course, Goethe's Faus is as fruitful as ever: Proof! World literature uses "syster" sysnonymous for lawyer ! Case dismissed ! Film at 11....
Bwah he he hah ho! Identities of Yahoo Members. (Score:3, Insightful)
I wonder what names Yahoo will give that Lawyer?
Let's see, we have like 38 Bill Gates, 31 Steve Jobs, 26 William T. Kirks, 24 Bruce Waynes, etc. None of them are their real names. Or maybe you can track them by IP address? Yet what if they were using a library, or grade school, or high school, or college system? Get the IPs from Yahoo, track it to their ISP, and then subpeona the ISPs to see who holds the accounts. Stand in line next to the RIAA and MPAA who want the names of IP numbers behind file sharing accounts. Good luck!
On the other hand, if the Yahoo Member paid for anything on Yahoo, Yahoo then has their billing address, credit card, etc.
Watch what you say about the lawyer on Slashdot, he may subpeona Slashdot to get the details behind your accounts. See ya in court!
Re:Usenet (Score:2)
Re:Usenet (Score:2, Funny)
Re:Free Speech? Bleh! (Score:2)
Re:SCOx new strategy! (Score:3, Funny)
I don't think anybody would be impressed by a "butload" of emails. Common usage suggests that a buttload is in between 3 and a dozen.
Clearly, impressive levels would be more in the "metric fuck ton" range.
God, I need sleep.