Yahoo Sued for Message Board Harassment

LOS ANGELES, Calif. – A corporate attorney who was miffed when fellow Yahoo message board users made what he alleges were "defamatory attacks" has filed a lawsuit in Los Angeles Superior Court against Yahoo Inc. challenging the web portal's business practices.

Attorney Stephen Galton, of the business litigation firm Galton & Helm, has filed a class-action suit alleging that Yahoo "unfairly protected people who posted negative messages on its bulletin boards and falsely advertised that it prevents such abusive messages."

Sunnyvale, Calif.-based Yahoo runs many message boards where users can post messages concerning certain company activities, hobbies, interest, etc.

Under Yahoo's Terms of Service, users are asked to agree not to post any messages that are "unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable."

However, when message postings fail to adhere to Yahoo's standards, the company provides no redress to persons who are the targets of such abuse, and Yahoo rarely terminates the privileges of abusive users, even after receiving notice of such abuse, Galton's lawsuit contends.

Additionally, it is Yahoo's policy not to disclose the identities of users who have posted anonymous abusive messages, except in response to a subpoena.

Galton first logged on to the Yahoo message boards in December 2003 to address a user who had written defamatory remarks about the chief executive officer of one of his clients. The message was posted by a user named "mumioler."

Court papers obtained by XBiz claim that the CEO had been called "vicious, personal, irresponsible and defamatory" names by mumioler and other posters.

Galton consequently became the subject of a personal attack himself in which he was called a "sleazy parasite, grossly overpaid poster, a shyster, sleazeball, whoredog, vermin, fatboy, and biased ignorant fool," to name just a few of the postings.

Galton contacted Yahoo for information on the identities of the people he alleges had defamed him. But in keeping with Yahoo's message board policy, Galton was forced to file a defamation lawsuit in April against a "John Doe" defendant, namely mumioler, in order to obtain information from Yahoo on his personal identity and contact information.

"Our big issue is that Yahoo can protect abusive posters and allow such abusive content," David Weinman, an attorney for Galton & Helm, told XBiz. "They are sheltering people over the interests of the people who are getting defamed. Free speech is fine, but you can't defame someone and get away with it."

Weinman added that while there are many instances out there in cyberspace that are similar to Galton's case, many individuals who claim they have been defamed on message boards do not have the resources to defend themselves in lawsuits against Internet service providers, which typically require enormous resources and time.

Galton filed a class-action lawsuit on Wednesday in Los Angeles challenging Yahoo's business policy. Galton is seeking restitution and the disgorgement of profits Yahoo has earned through its general practices as they pertain to message boards, which have been a fairly substantial source of advertising revenue for the web portal.

"What we're really seeking is for Yahoo to do the right thing and change its practices," Weinman told XBiz.

According to Weinman, a judge will determine within the coming months whether the lawsuit can be classified as a class action, after which time the lawsuit is open to anyone in the state of California who believes they have been subjected to defamatory remarks by other users on Yahoo message boards over the past four years and who tried to defend themselves by identifying the user who posted the remarks, but were denied help from Yahoo.

If the court denies the class-action status, Weinman added, then the lawsuit will continue on as an individual case.

"Yahoo should fulfill its promise to the public that it does not allow abusive content," Weinman said. "But they simply haven't."

Representatives for Yahoo did not return calls at the time of this posting.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Show More