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Showing posts with label Social Network (MySpace / FaceBook). Show all posts
Showing posts with label Social Network (MySpace / FaceBook). Show all posts

Buckles v. Brides Club, Inc.

D. Utah: Creation of False Blog and LinkedIn Account Targeting Utah Resident Supports Personal Jurisdiction in Utah -- Buckles v. Brides Club, Inc.

Technology & Marketing Law Blog
A federal district court in Utah recently concluded that several individuals who were allegedly involved in the creation of a false blog and LinkedIn account targeting a Utah resident are properly subject to personal jurisdiction in Utah.
http://blog.ericgoldman.org/archives/2010/08/creation_of_fal.htm
-- Decision, Buckles v. Brides Club, Inc.: http://www.scribd.com/doc/35900821/Buckles-v-Brides-Club-D-Utah-Aug-11-2010

Finkel v. Dauber

N.Y. Sup. Ct.: Private Facebook Group's Conversations Aren't Defamatory--Finkel v. Dauber
Technology & Marketing Law Blog
...The case involves a private Facebook group comprised of 6 high school students apparently mocking and criticizing one of their classmates
http://blog.ericgoldman.org/archives/2010/07/private_faceboo.htm
>> Decision, Finkel v. Dauber: http://www.scribd.com/doc/34896368/Finkel-v-Dauber-Dismissed

Corbett v. Twitter

Corbett v. Twitter

STATUS: Dropped

Pennsylvania prosecutors sought a grand jury subpoena to Twitter, demanding the identity of two account holders , allegedly because they criticized the state attorney general. They said the identity of the Twitterers mattered if one was a defendant in a political corruption investigation, because it would show the defendant had a bad attitude that should earn him a higher sentence. According toa spokesman, the grand jury subpoena was dropped on May 21, 2010.

The two Twitterers, CasablancaPA and bfBarbie both received an e-mail from Twitter on Tuesday saying the company would respond tot he subpoena in a week 'unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter is otherwise resolved."

Links and court documents
Subpoena (May 6, 2010)
Pennsylvania AG Dropping Twitter Subpoena, Wired, May 21, 2010
Pennsylvania Attorney General Tries to Unmask Twitter Critics, Wired, May 19, 2010
CRIMINAL CASE: Florida v. Isaias Antonio, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).

In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro MaƱalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro MaƱalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.


Case Information and Links:

14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)

Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)


So Act Network v. Twitter, No. _____ (Ill. Cir. Ct., Cook County  filed Nov. 16, 2009).
Status: Pending.

Social Action Network, operator of the social networking site SoAct!, filed a petition for pre-suit discovery naming Twitter, on order to obtain information to identify a tweeter who, using the pseudonym bobandscott, it alleges is sending defamatory messages about the company.  (The tweets also appear on the Bob and Scott website.)  According to the suit, the offending comments allege that So Act Network is involved in various financial frauds and stock manipulation.

Links and Court Documents:
SoAct wants Twitter to identify the users defaming it (Chicago Bar-Tender blog,  Nov. 19, 2009).
>> Petition for pre-suit discovery
Finkel v. Facebook, No. 102578-2009 (N.Y. Sup. Ct. filed Feb. 16, 2009).
Status: Claims against Facebook dismissed (Sept. 15, 2009); claims against other defendants pending

Recent high school graduate Denise Finkel sued several classmates and their parents over postings to a private Facebook group, "90 Cents Short of a Dollar."  Finkel also sued Facebook, claiming that its asserted ownership of material posted to its site in the site's terms of use made it publisher of the material that was not immune from liability under section 230 of the Communications Decency Act.

On Sept. 15, 2009, New York Supreme Court Justice Debra James dismissed the claims against Facebook, rejecting the plaintiff's argument that section 230 did not apply.

Links and Court Documents:
Finkel v. Facebook (Citizen Media Law Project)
Finkel v. Facebook: Court Rejects Defamation Claim Against Facebook Premised on "Ownership" of User Content (Citizen Media Law Project blog, Oct. 21, 2009)
Oceanside teen sues Facebook, ex-classmates for $3M (Newsday, March 2, 2009)
Doe v. R.C., No. ___ (Ill. Cir. Ct., Cook County filed Sept. 24, 2009).
Status: Pending.

Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.

Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Salon Professional Academy v. Blacconiere, No. 2009L000465 (Ill. Cir. Ct., Kane County filed July 27, 2009).
Status: Pending.

The Salon Professional Academy, a cosmetology school in Elgin, Ill., sued Nicholas Blacconiere and a John Doe for comments on a Facebook page disparaging the school and its teachers.

Blacconiere created the page and solicited comments about the school, and posted some himself. The anonymous commenter "John Doe" posted other comments.

Case Information and Documents:
http://www.citmedialaw.org/threats/salon-professional-academy-v-blacconiere
http://www.dailyherald.com/story/?id=310962
http://writ.news.findlaw.com/commentary/20090925_hodes.html
CRIMINAL CASE: State v. Deterrance Brown, No. __________ (S.C. Cir. Ct. July 29, 2009).
Status: Pending.

The Greenwood County Sheriff's office arrested Deterrance Brown after a 19-year-old man complained that Brown had defamed him in statements on Facebook and MySpace saying that he was holding a cookout for the man “because he is HIV positive.”

Links and Court Documents:
http://www.indexjournal.com/articles/2009/07/30/news/i0730%20facebook.txt
J.S. v. Blue Mountain School District, Civil No. 2007-00585 (M.D. Pa. summary judgment granted Sept. 11, 2008).
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).

On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.

One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”

The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).

Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Langlois v. Langlois? (R.I. Fam Ct., Kent County motion filed 2009).
Status: Injunction issued; motion for reconsideration pending.

Tracey Martin, who is involved a child custody dispute with her ex-husband Michael Bouthillier, asked the Family Court judge to enjoin Bouthillier's sister, Michelle Bouthillier Langlois, from writing about the case in updates to her Facebook page (http://www.facebook.com/people/Michelle-Bouthillier-Langlois/1241318577). She also filed a complaint against Langlois with police.

Judge Michael Forte issued such an order in June; Langlois, with the assistance of the Rhode Island affiliate of the American Civil Liberties Union, has asked Forte to reconsider his decision. A hearing is scheduled for July 29.

Links and Court Documents:
http://www.projo.com/news/courts/content/ACLU_FAMILY_COURT_07-23-09_ODF506A_v10.345e5b4.html
http://www.riaclu.org/News/Releases/20090722.htm
Duffin v. MySpace, No. BC410118 (Cal. Super., Los Angeles County filed March 19, 2009).
Status: Withdrawn by plaintiff


Plaintiff Cyd Duffin, principal of Colony High School in Palmer, Alaska sued MySpace and several John Doe defendants in California, where the company is based, over a fake profile created on the social networking site in her name which claimed that she went to strip clubs after school hours and was a member of the Klu Klux Klan. Duffin dropped the suit after the creators of the fake profile confessed and were punished by the school.

Links and Court Documents:
http://www.dailybreeze.com/ci_11977752
http://chs.matsuk12.us/knightlynews/2008-2009/Dec2008.pdf
http://splc.org/newsflash.asp?id=1935
Dominick v. MySpace, No. 2008L005191 (Ill. Cir. Ct., Cook Co. filed May 12, 2008)
Status: Dropped by plaintiff.

Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.

Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space

Waters v. Miller, No. 2006 CA 002690 SC (Fla. Cir. Ct. settled Jan. 2007).

Status: Settled?

High school teacher Lee Waters is suing over sexual comments posted along with her photo by a North Port High School student on his MySpace profile page. The student was suspended from school, and other disciplinary action was taken. The case was dismissed, apparently due to a settlement, in January 2007.

Links and Court Documents:

http://www.theledger.com/apps/pbcs.dll/article?AID=/20060423/NEWS/604230392/-1/NEWS0101

Case docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchby=Name&tb_searchfor=2006+CA+002690+SC

Evans v. Bayer, Civil No. 08-61952 (S.D. Fla. filed Dec. 8, 2008).
Status: Motion to dismiss pending.


Katherine Evans was suspended for three days from Pembroke Pines Charter high school in November 2007 after she created a Facebook page that criticized one of her teachers as “the worst teacher she had ever had,” and solicited comments about the teacher. Evans’ site received three comments supporting the teacher, and she removed the page. A defense motion to dismiss, filed in March 2009, is pending.


Links and Court Documents:
http://www.splc.org/newsflash.asp?id=1845
ACLU press release: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3689
Complaint: http://www.aclufl.org/pdfs/evans_complaint.pdf

CRIMINAL CASE: State v. _____ (Boulder County sheriff’s investigation) (Nov. 2006).
Status: Investigation for possible criminal libel prosecution

Boulder County sheriff’s detectives launched an investigation to determine who created a MySpace web page that purported to be a profile of a Superior, Colo. woman, but had not been created by her. The profile, named “Dirty Whore,” stated that the woman was interested in meeting “men, women and/or couples who are looking to have a fun time,” and featured photos taken from the woman’s legitimate MySpace profile. No further information is available.

Links and Court Documents:
Fake MySpace profile investigated for libel
Records sought in Web libel case


Chick v. Kuziw, No. RCV-RS093848 (Cal. Super., San Bernardino County filed March 14, 2006).

Status: Settled

The owner of the Chicks Sporting Goods chain, which has stores in southern California, sued James M. Kuziw for defamation over content of his MySpace page. The parties agreed to settle the case in August 2007, but the final settlement agreement had not been signed by mid-October 2007.

Links and Court Documents:

http://www.citmedialaw.org/chick-v-kuziw

Docket available via http://www.sbcounty.gov/courts/flash.asp (search civil cases for case number)

CRIMINAL CASE: Wisconsin v. Bachert, No. 2007CM001559 (Wis. Cir. Ct., Waukesha County filed June 16, 2007).

Status: Prosecution deferred

Joshua Bachert, 19, of New Berlin, Wis. was charged with criminal defamation in June 2007 for a fake profile of a school police officer that he posted on MySpace. On Aug. 18, 2007, the prosecution agreed to defer prosecution as long as Bachert stays out of trouble for a year.

Links and Court Documents:

http://www.gmtoday.com/news/local_stories/2007/June_07/06162007_03.asp

http://www.gmtoday.com/news/local_stories/2007/August_07/08222007_04.asp

Docket: http://wcca.wicourts.gov/caseDetails.do;jsessionid=7E2C5A8334A924AD0ADFA0ED8D286D62.render2?countyNo=67&caseNo=2007CM001559&cacheId=F0B311BA139015260FF074E500107BAB&recordCount=1&offset=0&mode=details

Sorenson's Ranch School et al v. My Space, Civil No. 06-00632 (D. Utah dismissed Dec. 12, 2006).
Status: Voluntarily dismissed by plaintiff

Sorenson's Ranch School and its owners, Burnell and Carrol Sorenson, filed suit against MySpace over a page devoted to the school on the site, created by an unknown party, which alleged that the Sorensons engage in child abuse, their staff is not qualified, and they engage in false advertising. . The page appears to have been removed, and the plaintiffs voluntarily dismissed the action in December 2006.
Draker v. Schreiber, No. 06-08-17998-CV (Tex. Dist. Ct., Medina County dismissed)
Status: Trial court dismissal affirmed, No. 4-07-00692-CV, 2008 WL 3457023 (Texas App. -- San Antonio Aug. 13, 2008).

A high school assistant principal sued two students and their parents over a page that the students posted on the MySpace.com website that appeared to be the principal’s personal page and falsely said that she was a lesbian. The trial court dismissed the case, and the dismissal was affirmed after the principal appealed.

One of the students was also charged criminally as a juvenile with retaliation and fraudulent use of identifying information, both misdemeanors.

Links and Court Documents:
http://www.mysanantonio.com/news/metro/stories/MYSA092206.01B.MySpaceLawsuit.2f28841.html
http://www.mtv.com/news/articles/1541646/09252006/id_0.jhtml?headlines=true
http://www.onpointnews.com/061003.asp
Plaintiff’s complaint: http://blog.ericgoldman.org/archives/Draker%20Original%20petition.doc
Appellate docket: http://www.4thcoa.courts.state.tx.us/opinions/case.asp?FilingID=21718