REAL WORLD EVENT DISCUSSIONS

Suing on social media

POSTED BY: CAPTAINCRUNCH
UPDATED: Monday, February 19, 2018 17:21
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Monday, February 19, 2018 7:15 AM

CAPTAINCRUNCH

... stay crunchy...


http://bit.ly/1pZgPfl

AMHERST, N.Y. (WIVB) – Think before you post: It’s a warning you’ve likely heard before in this social media era. But can what you post land you in serious trouble with the law?

It’s no secret, people seem to be more gutsy with what they say online. Internet trolls take it to the extreme. But many of you could even be guilty of posting a snarky comment or embarrassing photo of a friend somewhere on the internet.

What you might not know is that this can land you in legal hot water and could cost you some serious cash.

On your Twitter or Facebook account, It’s more than likely you’ll find an unflattering photo or post about a stranger. But what if this were to happen to you? Hundreds of people like, share and comment. Do you have any legal recourse against anyone? Law Professor and social media expert Mark Bartholomew says it is possible. “There are certain avenues that allow you to sue someone for posting images or saying certain things on social media,” he said.

“If you took someones picture without their permission, and posted it on Twitter, or Instagram or Facebook, you’re violating their publicity rights, their rights to their own image,” Bartholomew said.

And a lot of times this happens without you even knowing.

“Oftentimes what you’re doing is a violation of the law, it’s just that people aren’t aware of this because the technology is so new,” he said.

These cases are rare, most of the time what happens online stays there, and no one bothers to sue. But, Bartholomew says, that’s changing.

“We see a situation where the courts are thinking, yeah maybe this is a law that just doesn’t apply to celebrities, it applies to regular people too and once we get a little momentum in that direction I could see more of these lawsuits,” he said.

Social media and online content litigation is one of the fastest growing legal specialties in the U.S. The number of cases filed every month has risen consistently since 2007.

Bartholomew said, “You have a right to your own image. People can’t take that without your permission.”

The key to being sued on social media is, defamation. It has to be a post that is harmful to your reputation in a tangible way.

He said, “Defamation refers to a situation where you say something that is usually untrue and maligns someones character in a way that harms them. Just posting that picture of someone that is unflattering, that’s not defamation.”

For avid social media users, it’s those posting anonymously that makes them want to take action.

Francesa Harris from Angola said, “People don’t feel bad at all, which is kind of the worst thing about social media. They’re just behind the screen typing whatever, and they just log off and never think twice.”

Samantha Fishel said, “Especially with like girls and stuff, I feel like they’re a lot more likely to be mean, just because it’s not face-to-face, so it gives people more confidence then it would in person.”

If you’ve fallen victim to this social media “crime” know there are options.

But experts say you should know who is posting about you.

Bartholomew said, “If you can’t find the anonymous poster, you’re kind of out of luck.”

If you’re posting something online, be careful of what kind of attention it might bring.

Bartholomew said, “you might attract the kind of post and response that could be upsetting, harmful or even defamatory.”

These days you can hire a service that can manage your social media life for you. Companies like “Reputation Defender” act as almost a crisis public relations for your social media profiles. But it will cost you. The service charges between hundreds of dollars to tens of thousands of dollars.

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Monday, February 19, 2018 8:36 AM

6IXSTRINGJACK

[/i]


I don't find anything there that I disagree with.

I don't agree with people talking about suing here since we're just using pseudonyms, but that all changes the moment somebody here gets doxed.

I'm especially happy with the law that states that you have a right to your own image. When I was working at KMart there was this guy who would take pictures of people he didn't like at work without them knowing and he'd put stupid word bubbles with stupid phrases and put it on his Facebook. For all I know, there's more than one of me on there. Fortunately, I work with mostly older people where I'm at now and nobody is going around snapping on their phones. I don't even see people pulling out phones on break, but at the other job there would be 8 to 10 phones out every break.


Did you know you actually own a certain amount of "air space" above your house? It varies wildly from locale to locale so I couldn't tell you how much you have. 10 years ago I would have said "who cares", but now that drones are becoming a thing this is important.


There are actually some laws in some states that allow you to "hunt" drones. lol

Do Right, Be Right. :)

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Monday, February 19, 2018 9:31 AM

CAPTAINCRUNCH

... stay crunchy...


Quote:

Originally posted by 6IXSTRINGJACK:
I don't find anything there that I disagree with.

I don't agree with people talking about suing here since we're just using pseudonyms, but that all changes the moment somebody here gets doxed.

I'm especially happy with the law that states that you have a right to your own image. When I was working at KMart there was this guy who would take pictures of people he didn't like at work without them knowing and he'd put stupid word bubbles with stupid phrases and put it on his Facebook. For all I know, there's more than one of me on there. Fortunately, I work with mostly older people where I'm at now and nobody is going around snapping on their phones. I don't even see people pulling out phones on break, but at the other job there would be 8 to 10 phones out every break.

Did you know you actually own a certain amount of "air space" above your house? It varies wildly from locale to locale so I couldn't tell you how much you have. 10 years ago I would have said "who cares", but now that drones are becoming a thing this is important.

There are actually some laws in some states that allow you to "hunt" drones. lol



I agree - thought it was a fairly complete, well written article about the basic concepts involved. I disagree with you about doxxing - at least what I think you are implying - since everything said up to that point would be directed at unknown individuals and perhaps multiple people using a single username - how would any of us know?
The worst I've seen here is name calling and of course legal threats. The former is common in most forums and especially this section of this forum. We all know part of the typical FFF.net welcome warning for newbs: "Howdy! Here's your browncoat and a mug of mudder's milk! Stay out of RWED if you have a glass chin and have a shiny time elsewhere!"

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Monday, February 19, 2018 9:35 AM

JEWELSTAITEFAN


Quote:

Originally posted by captaincrunch:
http://bit.ly/1pZgPfl

AMHERST, N.Y. (WIVB) – Think before you post: It’s a warning you’ve likely heard before in this social media era. But can what you post land you in serious trouble with the law?

It’s no secret, people seem to be more gutsy with what they say online. Internet trolls take it to the extreme. But many of you could even be guilty of posting a snarky comment or embarrassing photo of a friend somewhere on the internet.

What you might not know is that this can land you in legal hot water and could cost you some serious cash.

On your Twitter or Facebook account, It’s more than likely you’ll find an unflattering photo or post about a stranger. But what if this were to happen to you? Hundreds of people like, share and comment. Do you have any legal recourse against anyone? Law Professor and social media expert Mark Bartholomew says it is possible. “There are certain avenues that allow you to sue someone for posting images or saying certain things on social media,” he said.

“If you took someones picture without their permission, and posted it on Twitter, or Instagram or Facebook, you’re violating their publicity rights, their rights to their own image,” Bartholomew said.

And a lot of times this happens without you even knowing.

“Oftentimes what you’re doing is a violation of the law, it’s just that people aren’t aware of this because the technology is so new,” he said.

These cases are rare, most of the time what happens online stays there, and no one bothers to sue. But, Bartholomew says, that’s changing.

“We see a situation where the courts are thinking, yeah maybe this is a law that just doesn’t apply to celebrities, it applies to regular people too and once we get a little momentum in that direction I could see more of these lawsuits,” he said.

Social media and online content litigation is one of the fastest growing legal specialties in the U.S. The number of cases filed every month has risen consistently since 2007.

Bartholomew said, “You have a right to your own image. People can’t take that without your permission.”

The key to being sued on social media is, defamation. It has to be a post that is harmful to your reputation in a tangible way.

He said, “Defamation refers to a situation where you say something that is usually untrue and maligns someones character in a way that harms them. Just posting that picture of someone that is unflattering, that’s not defamation.”

For avid social media users, it’s those posting anonymously that makes them want to take action.

Francesa Harris from Angola said, “People don’t feel bad at all, which is kind of the worst thing about social media. They’re just behind the screen typing whatever, and they just log off and never think twice.”

Samantha Fishel said, “Especially with like girls and stuff, I feel like they’re a lot more likely to be mean, just because it’s not face-to-face, so it gives people more confidence then it would in person.”

If you’ve fallen victim to this social media “crime” know there are options.

But experts say you should know who is posting about you.

Bartholomew said, “If you can’t find the anonymous poster, you’re kind of out of luck.”

If you’re posting something online, be careful of what kind of attention it might bring.

Bartholomew said, “you might attract the kind of post and response that could be upsetting, harmful or even defamatory.”

These days you can hire a service that can manage your social media life for you. Companies like “Reputation Defender” act as almost a crisis public relations for your social media profiles. But it will cost you. The service charges between hundreds of dollars to tens of thousands of dollars.

Is this "CC gets a clue?"

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Monday, February 19, 2018 9:46 AM

6IXSTRINGJACK

[/i]


Quote:

Originally posted by captaincrunch:

I agree - thought it was a fairly complete, well written article about the basic concepts involved. I disagree with you about doxxing - at least what I think you are implying - since everything said up to that point would be directed at unknown individuals and perhaps multiple people using a single username - how would any of us know?
The worst I've seen here is name calling and of course legal threats. The former is common in most forums and especially this section of this forum. We all know part of the typical FFF.net welcome warning for newbs: "Howdy! Here's your browncoat and a mug of mudder's milk! Stay out of RWED if you have a glass chin and have a shiny time elsewhere!"



Well... you're not the one who seems to be actively trying to dox people here. Of course any website pretty much anywhere reserves the right to submit any information about any of us to the authorities if it is requested because of things we post. I'm assuming that it is no different here. I'm alright with that.

But I think that the act of doxing itself should be illegal. It probably is. There's no such thing as anonymity online. Anybody who expects that there is, is fooling themselves. Using a VPN, I believe, is especially foolish. You probably put yourself on some sort of government watch list if you actually pay for "anonymity" with your credit card.

But if you're on a site like this, where you use a pseudonym and the only people that you reveal your name to are people you meet here and then discuss things via email... well... I'm pretty sure that it would be against the law to post another person's personal information for everybody else to see.

As I said before in the other thread, there are a few people here I know enough about that if I had their first and last name I could find out exactly where they live if I wanted to. I wouldn't do it, but I'm just saying that it's not hard to figure it out when you have the person's name and they've said things about themselves and the general area where they live.

Things get too heated here, and there has been some really nasty thing said to each other. I don't think anybody here should ever have to worry about their personal information falling into somebody else's hands without their consent.

Do Right, Be Right. :)

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Monday, February 19, 2018 9:51 AM

CAPTAINCRUNCH

... stay crunchy...


Quote:

Originally posted by JEWELSTAITEFAN:
Quote:

Originally posted by captaincrunch:
http://bit.ly/1pZgPfl

AMHERST, N.Y. (WIVB) – Think before you post: It’s a warning you’ve likely heard before in this social media era. But can what you post land you in serious trouble with the law?

It’s no secret, people seem to be more gutsy with what they say online. Internet trolls take it to the extreme. But many of you could even be guilty of posting a snarky comment or embarrassing photo of a friend somewhere on the internet.

What you might not know is that this can land you in legal hot water and could cost you some serious cash.

On your Twitter or Facebook account, It’s more than likely you’ll find an unflattering photo or post about a stranger. But what if this were to happen to you? Hundreds of people like, share and comment. Do you have any legal recourse against anyone? Law Professor and social media expert Mark Bartholomew says it is possible. “There are certain avenues that allow you to sue someone for posting images or saying certain things on social media,” he said.

“If you took someones picture without their permission, and posted it on Twitter, or Instagram or Facebook, you’re violating their publicity rights, their rights to their own image,” Bartholomew said.

And a lot of times this happens without you even knowing.

“Oftentimes what you’re doing is a violation of the law, it’s just that people aren’t aware of this because the technology is so new,” he said.

These cases are rare, most of the time what happens online stays there, and no one bothers to sue. But, Bartholomew says, that’s changing.

“We see a situation where the courts are thinking, yeah maybe this is a law that just doesn’t apply to celebrities, it applies to regular people too and once we get a little momentum in that direction I could see more of these lawsuits,” he said.

Social media and online content litigation is one of the fastest growing legal specialties in the U.S. The number of cases filed every month has risen consistently since 2007.

Bartholomew said, “You have a right to your own image. People can’t take that without your permission.”

The key to being sued on social media is, defamation. It has to be a post that is harmful to your reputation in a tangible way.

He said, “Defamation refers to a situation where you say something that is usually untrue and maligns someones character in a way that harms them. Just posting that picture of someone that is unflattering, that’s not defamation.”

For avid social media users, it’s those posting anonymously that makes them want to take action.

Francesa Harris from Angola said, “People don’t feel bad at all, which is kind of the worst thing about social media. They’re just behind the screen typing whatever, and they just log off and never think twice.”

Samantha Fishel said, “Especially with like girls and stuff, I feel like they’re a lot more likely to be mean, just because it’s not face-to-face, so it gives people more confidence then it would in person.”

If you’ve fallen victim to this social media “crime” know there are options.

But experts say you should know who is posting about you.

Bartholomew said, “If you can’t find the anonymous poster, you’re kind of out of luck.”

If you’re posting something online, be careful of what kind of attention it might bring.

Bartholomew said, “you might attract the kind of post and response that could be upsetting, harmful or even defamatory.”

These days you can hire a service that can manage your social media life for you. Companies like “Reputation Defender” act as almost a crisis public relations for your social media profiles. But it will cost you. The service charges between hundreds of dollars to tens of thousands of dollars.

Is this "CC gets a clue?"



No Kiki - I've known about this sh*t long before I ever posted on this site. This was for anyone who didn't know since the threat is so casually thrown around these days.

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Monday, February 19, 2018 10:03 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

I agree - thought it was a fairly complete, well written article about the basic concepts involved.- GSTRING
Which basically repeated everything I already posted. There has to be defamation, which is a HARMFUL (not hurtful) comment IN WRITING; and a certain amount of harm has to occur. So calling someone a "poopy head" is probably not defamatory, but calling someone a drug dealer, or a pimp, or a "Russian troll" is.

Quote:

I disagree with you about doxxing - at least what I think you are implying - since everything said up to that point would be directed at unknown individuals and perhaps multiple people using a single username - how would any of us know?
Well, I think you should re-think that, sonny. ALL of your defamatory statements directed at an online poster who is subsequently doxed are accessible to anyone reading those posts, even those that were posted BEFORE the doxing. They ALL defame the poster that they are directed at. You don't have top KNOW the poster involved in order to defame them ...

I really think that you all should re-think your online presence. That's for your own good.

-----------
Pity would be no more,
If we did not MAKE men poor - William Blake

America is an oligarchy
http://www.fireflyfans.net/mthread.aspx?tid=57876

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Monday, February 19, 2018 10:37 AM

JO753

rezident owtsidr

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Monday, February 19, 2018 10:45 AM

JO753

rezident owtsidr


Another!
https://www.brisbanetimes.com.au/technology/cyber-poisonpenner-hunted-
down-and-sued-20100224-p3n7.html


Need to find sum in wich the agrieved party wuz an anonymous uzername! Any minit now!

----------------------------
DUZ XaT SEM RiT TQ YQ? - Jubal Early

http://www.7532020.com

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Monday, February 19, 2018 10:49 AM

6IXSTRINGJACK

[/i]


Not sure what I think about that case J0. That's a pretty scary verdict, actually.

I can think of quite a few numerous posts about individuals that have been made here over the years about people none of us have ever had a conversation with that could go back and try to sue.


I'm not sure if it was moved to troll country or deleted outright, but I do remember one night in my really drunk days putting a post about Amy Schumer where I called her the C word about 200 times.


Plenty of stuff here said about Trump, Obama, Hillary, GWB and some high profile politicians from both sides all the time, dating back to at least 2006 when I joined.

I hope that one goes back for a retrial. That's a scary verdict.



Do Right, Be Right. :)

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Monday, February 19, 2018 10:49 AM

THGRRI


No worries here. There is no one here who could bring charges against another because they are guilty of the same or worse.

Hey sig, kiki fuck you. Do something with that. Stop being pussies everyone and taking things out of context. I see nothing there that applies to what goes on here. Except for a couple of Russians trolling. Someone somewhere may wish to learn about that?


T

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Monday, February 19, 2018 12:29 PM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

No worries here. There is no one here who could bring charges against another because they are guilty of the same or worse.
Not true. But if that's what you have to tell yourself, keep at it. I'm just laughing at you from the sidelines.


-----------
Pity would be no more,
If we did not MAKE men poor - William Blake

America is an oligarchy
http://www.fireflyfans.net/mthread.aspx?tid=57876

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Monday, February 19, 2018 1:02 PM

THGRRI


Quote:

Originally posted by SIGNYM:
Quote:

No worries here. There is no one here who could bring charges against another because they are guilty of the same or worse.
Not true. But if that's what you have to tell yourself, keep at it. I'm just laughing at you from the sidelines.





Laugh away stupid as the rest of us laugh because you do nothing.


T

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Monday, February 19, 2018 3:34 PM

JO753

rezident owtsidr


Az far az I know, I'm the only wun here hoo coud sue kuz nobody els uzez their real name.

And I am not a suer. Especially not over blather in a forum, no matter how nasty.

----------------------------
DUZ XaT SEM RiT TQ YQ? - Jubal Early

http://www.7532020.com

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Monday, February 19, 2018 3:39 PM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.


You don't have to use your real name. The law cover ANONYMOUS websites as well.

In fact, in California, ANONYMOUS websites specifically have an extended statute of limitations.




So anyway ... anyone up for a rational, fact-based, and civil discussion about the topic?

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Monday, February 19, 2018 4:02 PM

SIGNYM

I believe in solving problems, not sharing them.


Here's the deal THUGR (and I'm going to repeat what I posted b4, MAYBE you get it this time, but with your mental capacity that's always a doubtful thing)

SO FAR, no lawsuit is possible. and that's because no harm has been done to anyone. That's how civil law works: No harm, no foul.

HOWEVER, should I or KIKI be doxed, and that causes harm, then the hammer is there to nail you into the dirt. And ALL of your previous posts, even tho they previously anonymous, become relevant.

Got it?

*****

SIX- those rulings are from Australia, and I'd bet you dollars to donuts that Australian law is not American law. I've outlined the relevant legal principles here: the posts have to be more than hurtful, they actually have to damage someone's reputation. Calling someone a "witch", as in the Ozzie case, wouldn't be culpable here, unless you went further to allege that they participated in satanic rituals or other illegal/ disgusting activities, and that caused harm to their reputation (for example, if they were a teacher and that became a problem). So you gotta draw a reasonable line somewhere, and IMHO name-calling (like calling someone an asshole) isn't pertinent.



-----------
Pity would be no more,
If we did not MAKE men poor - William Blake

America is an oligarchy
http://www.fireflyfans.net/mthread.aspx?tid=57876

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Monday, February 19, 2018 4:15 PM

THGRRI


Quote:

Originally posted by SIGNYM:
Here's the deal THUGR (and I'm going to repeat what I posted b4, MAYBE you get it this time, but with your mental capacity that's always a doubtful thing)

SO FAR, no lawsuit is possible. and that's because no harm has been done to anyone. That's how civil law works: No harm, no foul.

HOWEVER, should I or KIKI be doxed, and that causes harm, then the hammer is there to nail you into the dirt. And ALL of your previous posts, even tho they previously anonymous, become relevant.

Got it?



OK, maybe this time you will get it. It's you who's afraid, hence the threats to me in this thread. My response...



It's you who is afraid of being searched out. Seeing your private and identifying information on the internet. That's what dox means. My response...



Get it, threaten away. My response.......OH yeah, you just admitted here I never slandered you "no harm has been done to anyone." So much for that case comrade troll.

Hey kiki


T

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Monday, February 19, 2018 4:36 PM

SIGNYM

I believe in solving problems, not sharing them.


No, you dick-whack. I'm pissed off at being constantly lied about. You and GSTRING and DULLBADGUY are notorious liars, saying that I posted things that I didn't, and falsely characterizing who I am. You've been told, more than once, that you're lying. You've been given evidence that you're lying. And you've been warned about the possible consequences.

BTW, you posted an epic logic-fail: WHY would I be so willing to take you to court if I thought I would be "found out"? I look forward to the day when I can wipe the courtroom floor with your face, and you find out how horribly wrong, wrong, wrong you've been all along. I'm pretty sure you don't have much, but I'd be willing to take as much of it as I could.

So if you want to keep on lying, then keep at it.


OR the alternative: Stop being such a lying asshole. Doesn't that sound like a better choice?

I have far better things to do than to keep re-explaining the facts of life to someone who seems to be allergic to reality.


-----------
Pity would be no more,
If we did not MAKE men poor - William Blake

America is an oligarchy
http://www.fireflyfans.net/mthread.aspx?tid=57876

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Monday, February 19, 2018 4:42 PM

THGRRI





T

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Monday, February 19, 2018 4:47 PM

SIGNYM

I believe in solving problems, not sharing them.


Oh good: You shut up for once.

Good choice.

-----------
Pity would be no more,
If we did not MAKE men poor - William Blake

America is an oligarchy
http://www.fireflyfans.net/mthread.aspx?tid=57876

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Monday, February 19, 2018 4:53 PM

THGRRI


Quote:

Originally posted by SIGNYM:

Oh good: You shut up for once.




A pictures worth a thousand words dummy. Take another look.


T

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Monday, February 19, 2018 5:21 PM

SIGNYM

I believe in solving problems, not sharing them.


As long as you aren't lying about me you can post whatever crap you like. It would be preferable if you could actually ADDRESS THE ISSUES, but I don't see that happening any time soon.

-----------
Pity would be no more,
If we did not MAKE men poor - William Blake

America is an oligarchy
http://www.fireflyfans.net/mthread.aspx?tid=57876

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