Canada's Wayne Crookes Sues the Net 200
newtley writes "Wayne Crookes, the Green Party of Canada's ex-financier, is in effect trying to sue the Internet. He's going after the Wikipedia, Google, and openpolitics.ca (run up by federal Green Party activist Michael Pilling) claiming he's suffered, 'an immense amount of frustration and emotional distress' over postings. Some 15 others may also have been targeted. "Mr. Crookes seems to be 'trying to unwrite history,' Pilling says. 'He was a central figure in the growth of the Green Party. His actions were highly controversial and if we have freedom of speech in this country, people should be allowed to talk about them.'" Newtley adds in a posting submitted 121 minutes later: "Literally 15 minutes after I posted [the foregoing], there was a knock on my door. It was a writ server telling me I, too, have been named in a lawsuit launched by Wayne Crookes..."
Mr. Crookes? (Score:5, Funny)
--jeffk++
submitter's conflict of interest (Score:5, Insightful)
Re:submitter's conflict of interest (Score:4, Interesting)
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Canadian Charter of Rights and Freeoms:
Everyone has the following fundamental freedoms:
Negative information does not mean untrue information. And I certainly would like to see how suppressing negative information which may very well be honest opinion is "a reasonable limit". Negative information is not hate speech. Negative information is not libel. N
Re:submitter's conflict of interest (Score:5, Insightful)
You also claim that this lawsuit is a SLAPP. But typical SLAPPs lawsuits differ from this one though in an important way, Crooke has sued two very large firms that have more than enough money to defend themselves: Google and Wikipedia. SLAPPs, since they are based on intimating people who can't afford to defend themselves, usually are targeted only against small folk, not the big guys. Google and Wikipedia are unlikely to fold simply because the lawsuit was filed, and thus I do not believe this particular lawsuit of Crooke can be classified as your SLAPP.
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Specifically, it seems he's now suing someone who's talking about him suing someone. That's a SLAPP.
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ummm looking at new and old versions on wiki,
http://en.wikipedia.org/w/index.php?title=Wayne_Cr ookes&oldid=74738593 [wikipedia.org]
I would say that they have already folded.
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Remember that anybody can edit Wikipedia. And anybody who makes an effort of it can become an admin. It could be someone working for either side of the lawsuits, or simply a green party supporter. There's no way to know.
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Wow... I've really got to applaud you for managing to stuff that many mistakes about Wikipedia into one sentence. Let's see: 1) Wikipedia is not a company, it's a project run by the Wikimedia Foundation. 2) The Wikimedia Foundation is not a company, either; they're a charitable non-profit organisation. 3) The Wikimedia Foundation, with 5 paid employees, is not "very large", even if you stret
Re:submitter's conflict of interest (Score:5, Insightful)
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I agree that individual people as well as corporations should be held accountable for their actions. However, in the case of the Internet, practically enforcing such accountability is hard. If a court in one country (Canada) awards all requested damages against someone in another (USA) in a civil action and the person in that country just ignores the foreign court, can a local court enforce a foreign court's edicts? In criminal cases there
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Re:submitter's conflict of interest (Score:5, Insightful)
The disputed Wikipedia material: (Score:3, Informative)
Lender to Green Parties
He is best known for his involvement in the Green Party of British Columbia, to which he donated substantial funds in 2001, and the Green Party of Canada, to which he lent nearly $440,000 in 2003-4. It was his activities as that party's major creditor that brought him to the public eye.
Theories began in 2001 about Crookes' motives, with some persons claiming hi
Sadly, it's not new (Score:2)
Now I'm not necessari
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I want to see these suits fail because I don't want to have to consult a lawyer every time I post something on an intern
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occuponymous
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Sue al of us? (Score:2, Funny)
This should fall under 'its funny'.
In tomorrow's news... (Score:5, Funny)
Re:In tomorrow's news... - Maybe not so funny (Score:2)
myke
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Downtime (Score:5, Funny)
"oops, harddrive crash... nothing to see here judge"
this is a useful reminder (Score:5, Interesting)
It's sometimes difficult for young'uns to remember that the internet, in it's populer worldwide usage form at least, is still very young. A great many people, organisations and countries were caught off guard by the freedom it gave for comment, and are still trying to remove that freedom.
Their efforts are going to fail, but not because of any moral or ethical issue, simply because of evolutionary principles. The internet is evolving faster then it can be censored. If, and this I doubt, but if they manage to censor all the current expression methods on the internet, more will be created to fill the gaps, and more. It's a fight that can't be won.
The only thing we need worry about is whether 4chan becomes the dominant player in the free expression market
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Single entities can - and commonly are - censored. The websites primarily involved in this dispute (Wikipedia, Google, and openpolitics.ca) have all been subject to either enforced or self-initiated censorship.
Re:this is a useful reminder (Score:4, Insightful)
Well, I'm not sure what the term free speech means in Canada, but down here in the U.S. it means that the government is not allowed to suppress Constitutionally-protected speech (which it does anyway, but that's a topic for another day.) It does not mean that we aren't allowed to suppress each other. The courts determine when and if we can do that, and if Mr. Crook wants to throw his weight around and try to "suppress" his detractors, that really doesn't come under the heading of free speech. It may be an abuse of laws, and of those being threatened. I don't know, I'm not Canadian, and like I said maybe the term means something different under Canada's legal system.
It's a fight that can't be won.
Sure it can. You understand that the Internet is evolving, but you're assuming that the Internet, as it stands today, is the only way such a network can be run. China has already shown us a different way (certainly not a better way, by Western standards) where what can be found online can be strictly controlled, if the government so chooses. Even here, in the land of the brave, home of the free
Certainly there will always technological measures that can be implemented to get around most such obstacles, but the problem is that those tools will never be in the hands of the majority of the voting public. If the Internet doesn't just conveniently "work", doesn't just let them go where they want to go, most people will never get there
I guess what I'm saying is, enjoy it while it lasts.
The only thing we need worry about is whether 4chan becomes the dominant player in the free expression market
What's a 4chan?
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No. "Free speech" means free speech - it means that nobody can suppress it. It's a concept that exists independently of any laws or constitutions. The First Amendment defines one aspect of it, but it's not a comprehen
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Well, I'm not sure what the term free speech means in Canada, but down here in the U.S. it means that the government is not allowed to suppress Constitutionally-protected speech (which it does anyway, but that's a topic for another day.) It does not mean that we aren't allowed to suppress each other. The courts determine when and if we can do that
You're an idiot. When Party A requests that the court limit the speech of Party B, he is, in fact, requesting that the government limit B's speech as allowed by law. The limits allowable by law are subject to the 1st Amendment.
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A net forum where everyone is anonymous. Google for it, it's an entertaining place.
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You have to read the First Amendment: It says Congress shall make no law... It's very specific: The legislature has no power to abridge the freedom of speech. The judiciary can make determinations on specific civil suits, after the fact, but there is no prior restraint.
Re:this is a useful reminder (Score:5, Interesting)
Which is an incredibly important distinction that is lost on some of the other posters here. The Founders were not (so far as I can tell) attempting to make us exempt from the consequences of what we say. They were very much aware of the potential consequences of opening one's mouth, or of setting ideas to paper.
They did, however, want us to have the power to speak in the first place, no matter what, and the biggest single threat to that ability is government itself. That fact is no less true today.
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And there's a HUGE difference between the government flatly telling a citizen "THAT SPEECH IS NOT PERMITTED" vs. a private individual filing suit against another and having his day in court. The Founders understood that very clearly, and it was the f
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Libel is libel.
Now I don't know the facts of this case, but being the victim of a recent Joe-job attack I'm entirely for holding message board operators responsible for the content of their systems. Just because you *can* let anonymous users post any random thought that comes to mind doesn't mean they should.
In my case, some
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It's probably more correct to say, "you're free to say whatever you want so long as it's true", at least in the United States. If the truth causes harm, well, sometimes the truth hurts. If you don't want people to talk about the bad things you do, don't do the bad things in the first place. I mean, it has to cut both ways.
Dunno about Canada, but I'd think it would be similar.
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It's may be true that you fancy barbie dolls and collect stamps, but the public has no need for such information and if you publish it to harm another (e.g. ridicule, contempt, etc) you may be guilty of libel.
Simply being true isn't enough. But I'm not a lawyer so I dunno if that's 100% correct.
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Who told you that? Damn.
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It doesn't say you have to be nice to others. In fact, in person, you can pretty much say whatever you want. Just don't publish it, or speak it to a crowd (slander). I don't see how you jumped to the conclusion that "feeling bad" means you're the victim of libel. The point of the law is to prevent people from spouting off in public, saying or writing things
Re:this is a useful reminder (Score:5, Informative)
298. (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Note the "without lawful justification or excuse." Section 300 states if it's false the punishment is 5 years, and section 301 blankets it with a 2 year sentence regardless. (that is, upto). So you can get more time for a false statement, but true or not, you can still be found guilty of libel.
It's in the publics interest if he messed with party money [or whatever]. If the allegations are false, then whoever published them can be found guilty of defamatory libel.
However, suppose he had an embarrassing hobby (that was otherwise legal), and it was paraded in public to mock and ridicule him. If the publication causes him harm [loss of job, contempt of peers, etc] it can be found to be libel, regardless of whether it's true or not.
Tom
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According to the Canadian Press Stylebook, truth is a complete defence to libel, although it's the defendant's responsibility to prove the truth of the statement,
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Again, I don't know the full merits of this case, because honestly, who the fuck follows the green party? If it's not PC, Liberal, NDP, or PQ it's pretty much off the radar for the majority of Cannucks.
My point of posting was to point out that libel does exist, can hurt people, and just because it's
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"Again, I don't know the full merits of this case, because honestly, who the fuck follows the green party? If it's not PC, Liberal, NDP, or PQ it's pretty much off the radar for the majority of Cannucks." [sic]
In light of this, perhaps a good defense would be "the only thing worse than bad publicity is NO publicity."
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No, they don't.
"as that behavior is indicative of their values and of their aptness to represent the electorate"
No, they are not.
You can rephrase it: "the public have a right to know about the behaviour of their political leaders and public figures *IF* that behaviour is indicative of their values and of their aptness to represent the electorate".
Certainly there will be cases where the "if" is debatable (does rea
It depends where you are (Score:2)
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This is only true in the U.S. In Canada, and other places with more strictly-derived British systems of jurisprudence, it is not.
It's one of the many reasons that any time I get fed up with the 'States and start looking around at other places, I always give up. I don't know how other countries can claim to have 'free speech' with such overbroad definitions of libel and slander; the idea of
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Someone could have some strange habits that he keeps secret and if you out them and they lose their job, reputation etc because you maliciously publicized that they eg masturbate to barbie dolls, something that is no one else's business though true it is still slander.
Personally I think that the right to privacy is an important right and am glad that o
look up what anarchy means (Score:2)
With freedom of speech comes responsibility. You're free to say whatever you want so long as it doesn't unduly cause harm to other people. Without such restrictions we'd have anarchy.
Yet another person who has no idea what the meaning of anarchy is. Please go and do some research.
In fact, the very definition you gave is one description of anarchy, that is, you are free to do what you want so long as you don't take someone elses freedom.
An-archy - without rulers, not without rules.
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So then, what it really boils down to is a choice between English or Metric.
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*A* common definition of anarchy, if you please.
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But even in the USA, there isn't much pressure to moderate for even false statements, let alone libelous truths.
Tom
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Re:this is a useful reminder (Score:5, Interesting)
The idea that anonymous users exist on the net is an excuse to publish libel is nonsense. If you run a message board [or equiv] you should be held liable for any and ALL anonymous postings. After all, you're the one who is publishing it. I think it's reasonable that people moderate their websites such that libelous content is not widely distributed.
If that means changing existing website designs to disallow anonymous posts to become immediately published so be it.
Take a look at this [amazon.com] for instance. Not once did I "spam" usenet about the book. I posted one message in an on-topic usenet group (where I've was an active participant for the last 7 years) about the book, some asshole then took that post and reposted it to a hundred other groups.
Amazon was at one point hosting reviews that read such as [from memory] "I would never buy this book as he's a usenet spamming jerk. This book clearly is not worth buying, etc, etc..." While amazon was nice enough to take down the reviews [which were posted before the book was in print] they didn't remove the "discussion" threads which are still there today.
While I don't think that's the only reason the books aren't selling, I have to assume that it has had an impact on some of the sales, at the very least, one sale.
And what did I do to deserve this treatment? Be an outspoken advocate of free software, open source cryptography, and an enemy of snake oil. Because someone didn't like how open I was, how generous I was to give out free knowledge and software they decided to post spam, kiddie porn and other nonsense with my name on it. It wasn't like I was actively attacking others. In fact, the last round of joe-jobs before I just quit using usenet altogether were people re-posting my research posts [I had optimized my ECC implementation that I give out in LibTomCrypt].
Basically some guy decided he didn't like me so he nearly ruined my life (hint: you consider awful things when you're being labeled a kiddie porn peddler).
Is that what living in a "free" society is like?
God help us all then when some random asshole on the web decides to have it in for you. Maybe the next time someone does the same to someone else (yourself, a friend of yours, a family member), someone will respond with violence. In my case, there were times were I was afraid someone would mail a bomb, or worse, come to my house looking for a fight.
People should be responsible for what they write, and people should be responsible for what they host.
Tom
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I do not agree that the person or corporation running a mesage board should be held liable for "publishing" everything that anyone writes on their board. The person who actual wrote and published the article should be held liable. Reasonable people should take anonymous posting with a grain of salt. The person running the board does not actually publish the articles unless they review all articles before they appear and only posts the ones that meet the publishers criteria. But many message boards do not r
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At the height of the joe-jobs I was receiving about 50 emails a day. Once a week or so I'd get a death threat.
The problem with "find the culprit" is that they're probab
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And I'm pro-individual rights, which includes the rights to live safely (free from ridicule, contempt, torment, etc).
So, umm, people aren't allowed to ridicule other people? Why on earth are you reading Slashot?
People should be responsible for what they write, and people should be responsible for what they host.
Your world sucks. It is impossible for moderators to determine libel of every post made. Nothing critical would get posted, ever, for fear of somebody suing over libel. A site like Slashdot would be useless. Chatrooms could not exist. Do you get it? If every single communication had to be approved by somebody, and require tracing of who said what, that would be an Orwellian 1984 world.
I'm sorry somebody jo
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Imagine if drinking and driving wasn't illegal. And everyone drove with a slight buzz. All of a sudden someone steps up and says, "hey wait, maybe we shouldn't be doing that?" Do you say "that's the way things are" or do you fix the problem?
Slashdot has long since needed moderators who would delete hi
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Just wondering (Score:2)
> If you run a message board [or equiv] you should be held liable for any and ALL anonymous postings.
> After all, you're the one who is publishing it. I think it's reasonable that people moderate their
> websites such that libelous content is not widely distributed.
Do you believe that the postal office should be held liable "for any and ALL" anonymous mail?
Do you believe that the phone company should be hel
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However, a private email is not really as dangerous as a broadcasted message. So unless you anonymously mail millions of people it's not quite the same.
Phone calls are [and/or should not] be anonymous anyways. I think phone companies should be able to track down harassing callers, or at the very least block them. But again, neither are broadcasting so it's not the same.
I put a comment on a popular site [say
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Just because you can set up an anonymous message board and have no regard for anyones safety, doesn't mean you should.
Also, newsflash, you don't have to be a bad person to attract the evil doers. As homework, try to find what on usenet I did that would merit having kiddie porn attached to my name.
I'll admit I'm not the most agreeable person at all times, but I never went as far as to libel and slander people,
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Self defeating strategy (Score:5, Insightful)
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Same here. But can you sue yourself in Canada?
I do have to wonder, though, if this suit (suits?) actually has any real merit... I though "the truth" generally counted as a solid defense against claims of defamation.
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Streisand Effect (Score:3, Insightful)
It's a fine example of the Streisand Effect [wikipedia.org] in action.
Class action suit against Crookes? (Score:2)
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Conversely, he could garner support and create a class action of his own. After all, the number of people unjustly negatively affected by Wikipedia must be considerable, and those people are for the most part successful.
It amazes me that no-one's gone after Wikipedia in a big way before now, it's a site that has been begging for it for some time.
Remember, It's Canada (Score:2, Insightful)
Remember, this is Canada we are talking about, where, for a short while, it was illegal to name a cow with a human name [www.cbc.ca] all because a mid-level functionary, and hyper-sensitive twit shared the same name as a state owned cow.
Re:Remember, It's Canada (Score:4, Funny)
Nah
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Never found it in my visits to the country!
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Still pretty stupid, but a long way from illegal. And in a country where we actually DO have restrictive laws about naming things (see: Quebec's laws about "acceptable" names for your baby) you don't need to make things up to show just how stupid our government can be.
How do you know when nuts are not ripe for eating? (Score:4, Funny)
Wikipedia mostly-blanked and protected article (Score:2, Interesting)
The January and September versions have some meat on them. Whether they are accurate or not, who knows?
Kook of the Month? (Score:3, Funny)
The Kook of the Month [killfile.org] [mind your eyes at that site] award ought to be revived...
Public Figure (Score:2)
Free speech vs. slander (Score:2, Insightful)
Note that I'm neither saying that he has a case for slander, nor that he doesn't. I cannot decide this. I have read TFA, and now I know one side of the story. Judging it from that would be similar to politicians making laws after hearing the lobbyists. And I tend to think of myself being above politicians i
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Saying "Crookes is a crook" just 'cause I don't like him would constitute that.
But what if you said: "I think Crookes is a crook"? You're not saying that he's a crook, but only that's your personal opinion. And opinions are still not facts. Or even more subtle: "It's being said on the Net that Crooks is a crook." (add links). Again: you're not saying that he's a crook, only that others are saying it. You could even ask the question: "Is Crookes a crook?" or asking "The blogosphere is debating wether Cro
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What are you, a crook? also fine
DO people know you are a crook? is fine.
By crooke or by hook is fine.
Just not "You are a crooke." or Crookes is a crook.
Emotional Distress (Score:2)
Speaking of Emotional Distress, is it a coincidence that this is being posted right after the story about goatse.cx being up for sale?
I think not.
Al Gore (Score:5, Funny)
While we're at it... (Score:3, Funny)
"There's no such thing as bad publicity" (Score:2)
slasdot next? (Score:2)
Re:Proof once again (Score:5, Informative)
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But yes, the stupidity of the Green party boggles my mind. This is coming from someone who was a member for a brief time. I'm very much about libertarianism and social justice, but I knew that it wasn't for me when I heard their candidate for governor (in VT) speaking about how he thought that Vermont should secede from the Union. Any
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Now tell me if she actually managed to collect anything.
Re:HAHA (Score:4, Insightful)
As far as a lawyer is concerned, if he's paying then that's all that matters. Saying you found a lawyer who's prepared to argue your case is like saying you found a prostitute prepared to have sex with you.
TWW
Not entirely (Score:2, Insightful)
Certainly a lawyer is going to be known in legal circles for bringing cases that have no hope. This is going to mean less respect and less credibility.
So a lawyer has some interest in telling a client they have no hope of winning and their proposed lawsuit is stupid.