NEWS STORY
Court Upholds Message Board Anonymity
The ruling stems from a case involving a popular financial forum where stock trading, corporate behavior and other finance-related issues were discussed, often by users hiding behind pseudonyms or "screen names" to protect their true identity.
In Jan. 2006, Lisa Krinsky, former president, chairman of the board, and chief operating officer of SFBC International, a Florida-based drug company, sued 10 "Doe" defendants in a Florida court, alleging that the defendants had made "defamatory remarks" about her on Yahoo! message boards and other sites, using screen names to conceal their identities.
Krinsky subpoenaed Yahoo! in an attempt to discover the identity of the pseudonymous posters – a move which was unsuccessfully contested by defendant "Doe 6" who then subsequently appealed the judgment, contending that he had a First Amendment right to speak anonymously on the Internet.
The defendant's appeal has been successful, with the Sixth Appellate Court opining that "Under the circumstances presented, we agree with Doe 6 that his identity should be protected and therefore reverse the order."
During the litigation, all 10 defendants were accused of intentional interference with a "contractual and/or business employment relationship" between Krinsky and SFBC, with nine of the defendants being accused of libel "based on false and misleading Internet statements imputing dishonesty, fraud, improper professional conduct, and criminal activity to plaintiff."
According to records of the messages posted on Yahoo!'s SFBC message board, Doe 6, who used the screen name "Senor_Pinche_Wey," called former SFBC vice president of legal affairs Jerry 'Lew' Seifer a "mega scum bag" and a "cockroach."
On Dec. 30, 2005, Doe 6 also posted "Jerry 'Lew' Seifer's New Year's resolutions," which included the following statement: "I will reciprocate felatoin [sic] with Lisa [Krinsky] even though she has fat thighs, a fake medical degree, 'queefs' and has poor feminine hygiene."
Krinsky served a subpoena on the custodian of records at Yahoo! which notified Doe 6 that it would comply with the subpoena in 15 days unless a motion to quash or other legal objection was filed.
Doe 6 then moved in superior court to quash the subpoena on the grounds that the plaintiff had failed to state a claim sufficient to overcome his First Amendment rights for either defamation or interference with a contractual or business relationship, and that the plaintiff's request for injunctive relief was an invalid prior restraint.
The court agreed.
The full opinion of the appellate court can be found here.
See all current articles in > adult industry news
Related Articles
RSS Feeds | E-Newsletters | Desktop Widget | Mobile
XBIZ Newswire > Adult industry news service for the media
XBIZ Premiere > Adult industry magazine for the retail market
VIDEO NEWS
XFANZ TV's Look at New Sensations' 'Seinfeld' Parody Continues
Kayden Kross Pleads No Contest in Real Estate Case
Stormy Daniels's 2nd 'Listening Tour' Starts With Broadcast
XFANZ TV's Look at New Sensations' 'Seinfeld' Parody Begins
Variety Notes Porn Parody Wave
Erica McLean Makes 'Hardcore Circus' Promo Rounds
RETAIL NEWS
SexToy Dave to Appear on VH1's ‘Megan Wants a Millionaire’
Singapore Burger King Ad Criticized for Alleged Oral Sex References
StorErotica Announces Nominees for 2009 Awards
Adam & Eve T-shirts Will Benefit American Cancer Society
The Weekly Retail Report
Carradine Often Visited Sex Toy Store Susie’s Delights
BUSINESS ANALYSIS
Getting What You Want
The End of the Free Lunch?
New Options in Live Content
multiple news outlets with 1 click.
add free content to your website.
with your mobile device.
|
Get Free Condoms
Naughtypaysites.com
|
|
Experiencing Problems with Austrian Direct Debit Transactions?
JoeD
|
|
Finally, Quality Adult Traffic at Affordable Prices
Adam X
|
|
Free Gay Targeted Traffic
Zak
|
|
Gay movie/short clip content providers & Novelty products wanted
Boyzondemand.com
|
|
New LOVEMOISELLE line at DallasNovelty.com
Nick@DallasNovelty
|
|
looking for partner
Sergio Dega
|
|
50% Discount on Booth at QWEBEC Expo
Michael P
|
|
What can we do for you performers? We are here to help for sure....
PleasureGo.com
|
|
Seeking models
MB
|

FIND PRODUCTS & SERVICES

UPCOMING EVENTS





































