Long-Winded Response Wrote:
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> Blue Suicide Wrote:
> --------------------------------------------------
> -----
> > Court Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Civil suit
> >
> > For who? Do I sue google or the troll that made
> > the blog? I think Google is just as guilty for
> > keeping the blog up.
>
> Unlike a normal lawsuit, where you'd sue whoever
> has the deepest pockets, in this case you'd want
> to sue whoever had the least ability to defend
> himself against the suit.
>
> Google has very, very deep pockets and a roomful
> of lawyers, so you'd want to avoid naming them in
> the suit if you could. You should sue whoever put
> up the blog, if you can prove they are the author,
> because they're likely much less financially able
> to defend themselves. (Or, even better, they might
> refuse to answer the suit, resulting in a default
> judgement against them.)
>
> Proving authorship, however, is a tricky
> business.
>
> From
http://en.wikipedia.org/wiki/Doe_subpoena
> Unmasking an anonymous online poster is a two-step
> process. First, the plaintiff must issue a
> subpoena to the hosting website requesting the IP
> address of the poster. Most websites collect and
> temporarily store the IP addresses of visitors in
> a web server log, although no U.S. law requires
> that they retain this information for any
> particular length of time.
>
> If the website provides the poster's IP address,
> the plaintiff must then subpoena the ISP that owns
> the address. This second subpoena requests the
> contact information associated with the account of
> the computer to which the IP address was assigned
> at the time the post was made.
> So, your first step is to file a suit naming "John
> Doe" as the plaintiff, then proceed as described
> above to actually determine who the person is.
> Once you know who the person is, then you amend
> your suit to name him. Once you have done so, you
> then serve him with notice that you are suing him,
> and he must respond, or face a default judgement.
>
> As an aside, Google says they will only remove a
> blog containing personal attacks or defamation
> with a court order, which the court will probably
> not issue unless you win your suit.
>
> Lastly, read this article summarizing bringing an
> action for defamation:
>
http://www.expertlaw.com/library/personal_injury/d
> efamation.html
FOr it to be defamation the negative information int he blog has to be false. if someone steals your wallet and you make a blog about the person being a theif because they stole your wallet then that's not defamation. If your going to sue the blog owner you better be sure that the bad things being said are not really true.