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WSJ BLOG HAS THE COMPLAINT!!!!!
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Date: June 12th, 2007 12:38 PM Author: Carmine senate giraffe http://online.wsj.com/public/resources/documents/aaComplaint.pdf
Make sure you listen to this as you read the complaint. http://youtube.com/watch?v=b714Wi4CDsQ
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Date: June 12th, 2007 12:40 PM Author: Carmine senate giraffe page 6: "just don't *&&& her, she has HERPES" (posted by :D) (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246535) |
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Date: June 12th, 2007 12:44 PM Author: Stirring flushed national ROFL (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246550) |
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Date: June 12th, 2007 12:46 PM Author: Carmine senate giraffe I'm speechless from the complaint. Wow (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246556) |
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Date: June 12th, 2007 1:01 PM Author: Naked light pistol I'm infuriated by the complaint. Why should any woman be expected to put up with that shit and not say anything? Especially the part about asking to have threads removed and basically being told to fuck off. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246589) |
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Date: June 12th, 2007 1:03 PM Author: Carmine senate giraffe what paragraph has the "asked to have threads removed, told to fuck off" part? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246596) |
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Date: June 12th, 2007 1:05 PM Author: Naked light pistol Paragraph 42. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246604) |
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Date: June 12th, 2007 3:41 PM Author: Lime bat shit crazy water buffalo trailer park Because that's life? We don't live in a world where if something mean is said about you the answer is to litigate. That just doesn't make sense. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8247350) |
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Date: June 12th, 2007 5:25 PM Author: Naked light pistol Sounds like it went a little further than that.
Edit: She repeatedly attempted to stop it and was refused. She was stalked in the gym. that's a bit more than "saying something mean." |
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Date: June 12th, 2007 7:10 PM Author: Mischievous personal credit line You kidding?
There's a fine line between being mean and slandering somebody. |
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Date: June 12th, 2007 12:58 PM Author: arrogant infuriating partner ceo Subject: THIS IS NOT LEGAL ADVICE; YOU ARE NOT MY CLIENT! A few comments:
a). Copyright infringement is the only asserted basis for federal court jurisdiction. The Complaint states no background facts indicating that the only named defendant (Ciolli) infringed any copyrights (rather, it explicitly states that some subset of defendants committed such actions). However, the copyright cause of action section goes on to allege that "defendants" have copied the copyrighted photos. I think any reasonable investigation would show that not all defendants did so, and the complaint itself suggests this.
Indeed, all the stated causes of action name "defendants" without distinction between various individual defendants.
b). I'm not convinced that all the other causes of action arise under the the same nucleus of operative facts as the copyright claim. Is subject matter jurisdiction valid?
c). I'd be interested in learning how the plaintiffs acquired ownership of the copyrights at issue.
d). What a bunch of assholes (the posters, that is). |
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Date: June 12th, 2007 1:02 PM Author: Cerebral Clown Locus And again, why is rachmiel not named as a defendant, given that he is mentioned by name repeatedly throughout the complaint as playing more or less the same role as GTO? Perhaps he is being rewarded for cooperation...*
speculation, just kidding, please don't sue me |
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Date: June 12th, 2007 1:05 PM Author: arrogant infuriating partner ceo Yeah, that confused me, but it's no grounds to attack the complaint.
I don't really know if any of the things I mentioned are valid grounds either, but interesting things I would research if I had enumerable hours of free time and free Westlaw. |
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Date: June 12th, 2007 11:56 PM Author: Chocolate Wild Parlor Goyim You sue a website based on speech and you're likely to raise the ire of some pretty resourceful opponents. If you just sue some individuals that say stupid things, that's much less likely. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8249118) |
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Date: June 12th, 2007 1:05 PM Author: Bearded Mildly Autistic Faggot Firefighter Base c) weren't these from their facebook accounts or something? if they took them, or had them taken, don't they own the coypright? i could be wrong and no one should rely on what i'm saying because i did poorly in IP. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246605) |
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Date: June 12th, 2007 1:08 PM Author: arrogant infuriating partner ceo The "author(s)" of the photo owns the copyright the moment it is taken.
Simply "having them taken" doesn't give the subject ownership of the copyright.
I could make an argument for copyright ownership even if someone else took them, but I won't go into that. I'm interested in what their theory is. |
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Date: June 12th, 2007 1:11 PM Author: Bearded Mildly Autistic Faggot Firefighter Base oh ok. well, Doe II doesn't list copyright in her complaint. what's that about? I didn't realize there were even pictures of Doe I. |
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Date: June 12th, 2007 1:12 PM Author: arrogant infuriating partner ceo "Doe II doesn't list copyright in her complaint."
Is that right? I wonder what the basis for jurisdiction is, then. |
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Date: June 12th, 2007 1:13 PM Author: Bearded Mildly Autistic Faggot Firefighter Base p. 14, causes of action only discusses Doe I. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246619) |
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Date: June 12th, 2007 1:20 PM Author: arrogant infuriating partner ceo I would not be surprised if a lot of the claims could get dismissed for lack of subject matter jurisdiction.
I kind of hope they get someone to defend them (at least Ciolli) pro bono, just so we can see the legal issues play out.
On the other hand, I kind of want some of the defendants to get PWNED! |
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Date: June 12th, 2007 1:27 PM Author: Bearded Mildly Autistic Faggot Firefighter Base sigh. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246681) |
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Date: June 12th, 2007 1:27 PM Author: arrogant infuriating partner ceo ? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246685) |
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Date: June 12th, 2007 1:40 PM Author: Bearded Mildly Autistic Faggot Firefighter Base i have mixed feelings. some of the behavior on xoxo is disgusting and (perhaps) tortious. not all, though. i figure this is the effective end of the board. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246763) |
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Date: May 11th, 2008 11:18 PM Author: Startled genital piercing school cafeteria IronMonkey, FTW!
AK47's attorney devastates KVN on SMJ |
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Date: June 12th, 2007 1:21 PM Author: Glittery Turdskin (b) seems pretty easy. Someone started slamming Doe, and then from the frenzy of postings someone began the postings of her likeness and continued harassing comments. Not that hard to show, I wouldn't think. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246650) |
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Date: June 12th, 2007 1:24 PM Author: arrogant infuriating partner ceo I'm not sure if that meets the standard required for jurisdiction. I haven't looked at it in a while.
I know there is case law dealing with whether related contractual claims can be heard in federal court based on copyright issues in the contracts, but I'm not sure if that's relevant.
Edit: at any rate, it seems like Ciolli should be able to say that they haven't asserted a copyright claim against him (and if they have, it's wading into murky Rule 11 territory). |
Date: June 12th, 2007 12:42 PM Author: Jade indirect expression OH SHIT PWN3D!!!!!!!!1 (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246544) |
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Date: June 12th, 2007 12:45 PM Author: Carmine senate giraffe wow re: post attributed to yalelaw on p. 7 of the complaint (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246554) |
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Date: June 12th, 2007 12:47 PM Author: exciting pearl idiot poor community norm on para. 38 (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246560) |
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Date: June 12th, 2007 12:49 PM Author: Beady-eyed Piazza Gay Wizard srsly (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246561) |
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Date: June 12th, 2007 12:49 PM Author: Carmine senate giraffe how did aznazn avoid being in the complaint? not that I want to see him sued, just wondering how he got out of it. WGWAG mystical powers? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246565) |
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Date: June 12th, 2007 12:50 PM Author: Beady-eyed Piazza Gay Wizard (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246568) |
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Date: June 12th, 2007 12:51 PM Author: Confused Puce Cumskin Area (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246570) |
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Date: June 12th, 2007 12:52 PM Author: Carmine senate giraffe (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246572) |
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Date: June 12th, 2007 12:51 PM Author: titillating irate station pocket flask what's it say?
i cant get the pdf to work :(
edit: n/m, got it. |
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Date: June 12th, 2007 1:01 PM Author: curious anal newt foreskin that one doesn't make sense. He wasn't actually saying something himself, he was rephrasing the comments that were threatening, and that were being discussed in the thread in question.
/thread.php?thread_id=592614&mc=59&forum_id=2#7729696 |
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Date: June 12th, 2007 1:08 PM Author: burgundy affirmative action yeah, WTF? can community norm countersue for malicious prosecution or something like that? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246610) |
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Date: June 12th, 2007 1:08 PM Author: curious anal newt foreskin I imagine they just found the comment and didn't understand the context of it.
EDIT: this was supposed to be a reply to Fulano. |
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Date: June 12th, 2007 1:04 PM Author: exciting pearl idiot holy fucking shit^omg. that makes this 10x worse. the complaint isnt even being honest. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246601) |
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Date: June 12th, 2007 1:06 PM Author: Bearded Mildly Autistic Faggot Firefighter Base whoa. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246607) |
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Date: June 12th, 2007 12:49 PM Author: Naked light pistol I hate to say I told you so, but I told you so. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246564) |
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Date: June 12th, 2007 12:52 PM Author: cordovan bateful parlour Wow at page 12. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246573) |
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Date: June 12th, 2007 12:52 PM Author: burgundy affirmative action how is community norm's statement actionable? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246574) |
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Date: June 12th, 2007 12:53 PM Author: Carmine senate giraffe woah (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246576) |
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Date: June 12th, 2007 12:54 PM Author: exciting pearl idiot employers will never hire anyone who others want to have consensual sex with after marriage. it just doesnt happen. |
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Date: June 12th, 2007 12:53 PM Author: Alcoholic concupiscible puppy orchestra pit I wonder if these guys read my "they should sue Paliewalnuts for copyright infringement using the safe harbor to register their photos" thread. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246575) |
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Date: June 12th, 2007 12:55 PM Author: Stirring flushed national i cant open the complaint. anyone else having trouble? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246579) |
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Date: June 12th, 2007 9:12 PM Author: mint stubborn black woman hospital yeah it won't open for me either (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8248496) |
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Date: June 12th, 2007 12:57 PM Author: Confused Puce Cumskin Area Paragraph 39: WTF? She couldn't just reschedule her "meetings with law enforcement"?
Also, LOL at the explanation of "CGWBT" in Paragraph 46. |
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Date: June 12th, 2007 1:00 PM Author: exciting pearl idiot great find. ty (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246587) |
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Date: June 12th, 2007 1:05 PM Author: wonderful stain ticket booth How can they get away with using "Doe" in the complaint instead of the plaintiffs names? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246602) |
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Date: June 12th, 2007 1:09 PM Author: curious anal newt foreskin why not? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246614) |
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Date: June 12th, 2007 1:13 PM Author: wonderful stain ticket booth I don't know, just seems like the people being sued should know who is suing them (officially). (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246618) |
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Date: June 12th, 2007 1:15 PM Author: curious anal newt foreskin roe v wade? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246626) |
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Date: June 12th, 2007 1:16 PM Author: wonderful stain ticket booth I see, so if the matter is embarrassing to the P they dont have to use their names in the suit? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246630) |
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Date: June 12th, 2007 1:20 PM Author: curious anal newt foreskin I have no idea what the 'rules' are, but there are certainly a shitload of lawsuits where the plaintiff is Doe or Roe. Are you in lawschool? I feel like I've read dozens of Doe/Roe cases for classes. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246643) |
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Date: June 12th, 2007 1:23 PM Author: wonderful stain ticket booth Yes, I guess Im just not very observant. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246655) |
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Date: June 12th, 2007 1:16 PM Author: Navy insanely creepy state sex offender sexual harrasment? don't know, but that's when it's used. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246633) |
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Date: June 12th, 2007 1:07 PM Author: underhanded liquid oxygen hall (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246608) |
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Date: June 12th, 2007 1:09 PM Author: jet-lagged fluffy kitty preventive strike $245,000 punitive + actual? PWN3D (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246613) |
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Date: June 12th, 2007 1:18 PM Author: laughsome spot laser beams Holy shit.
I know this sucks for our peers, but that is hilarious. |
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Date: June 12th, 2007 1:18 PM Author: Fighting crawly chad quadroon Re: paragraph 40, first sentence --
Did they even read this thing before they filed it? |
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Date: June 12th, 2007 1:21 PM Author: curious anal newt foreskin good catch. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246649) |
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Date: June 12th, 2007 1:23 PM Author: talented address background story Defendant moves to dismiss plaintiff's complaint on grounds of the silly redundancy contained in sentence 1 of paragraph 40?
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Date: June 12th, 2007 4:42 PM Author: diverse theatre kitty cat Correct -- or at least jab them about it in the hall. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8247541) |
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Date: June 12th, 2007 1:37 PM Author: contagious deer antler forum Ridiculous. This is legal harrassment. What the fuck did vincimus do, for example? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246738) |
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Date: June 12th, 2007 1:39 PM Author: arrogant infuriating partner ceo Did you read the complaint? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246754) |
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Date: June 12th, 2007 1:42 PM Author: Carmine senate giraffe Quoting complaint: 43. Despite her attempts to end additional defamatory, harassing, and threatening posts about her, the outrageous behavior on AutoAdmit continued. The posters' fixation with Doe I1 went so far as to include suggestions to follow her to the gym and attempt to take her picture while in public:
Date: February 12th, 2007 11:29 AM Author: vincimus I can assure you she doesn't dress conservatively. Anyone who goes to the gym in the afternoon has seen her trapsing around in spandex booty shorts and a strappy tank top. She wants people to look, and they do. |
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Date: June 12th, 2007 1:44 PM Author: Bearded Mildly Autistic Faggot Firefighter Base i think the relevant post is the one just after that, where a poster says people should take pics. but is vincimus named as a defendant? if so that seems ridiculous to me. |
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Date: June 12th, 2007 1:48 PM Author: contagious deer antler forum Yes, which shocked me. He seems like an upstanding guy who's going to get raped because of Heide Iravani and Brittan Heller's fixation on tearing down as many people as possible, no matter how peripheral. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246808) |
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Date: June 12th, 2007 1:59 PM Author: cordovan bateful parlour If you were the plaintiff, how would you feel about going to the gym after reading that? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246864) |
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Date: June 12th, 2007 2:18 PM Author: contagious deer antler forum HORRIFIED AND SHOCKED AND READY TO SUE (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246967) |
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Date: June 12th, 2007 2:27 PM Author: exciting pearl idiot id be thankful that someone told me their thoughts on my outfits. if i genuinely didnt like the attention i would dress more conservatively at the gym (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8247006) |
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Date: June 12th, 2007 1:46 PM Author: curious anal newt foreskin So what's wrong with this exactly - the fact that it brings unwanted publicity? It isn't terribly offensive (comparatively), so it must just be that she's being discussed? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246793) |
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Date: June 12th, 2007 1:47 PM Author: Carmine senate giraffe It's just a complaint, not a judgment. THIS IS NOT LEGAL ADVICE. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246803) |
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Date: June 12th, 2007 1:48 PM Author: curious anal newt foreskin hon, I get that, I'm wondering what he's *claiming* is wrong with the post. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246805) |
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Date: June 12th, 2007 1:48 PM Author: Glittery Turdskin Publication of facts placing a plaintiff in a false light and intentional infliction of emotional distress seem very viable. Minor, but viable. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246804) |
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Date: June 12th, 2007 1:58 PM Author: Bearded Mildly Autistic Faggot Firefighter Base in my non-legal-advice-giving opinion, no fucking way this is "outrageous" enough to satisfy IIED. as for false light, that's seems slightly more possible, if "she wants people to look" and the description of her outfit at the gym are considered attributing Doe II views she doesn't hold or action she didn't take. but it still has to be considered offensive to a reasonable person. there's also the "unreasonably publicity given to another's life" claim. someone else can look that up on wikipedia. but don't all of these "intrusion of privacy" claims have to involve some sort of actual INTRUSION? |
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Date: June 12th, 2007 2:03 PM Author: cordovan bateful parlour The poster suggests that he regularly sees the plaintiff at the gym, and that he and his associates frequently leer at her. Pretty creepy stuff, wouldn't you say? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246889) |
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Date: June 12th, 2007 2:29 PM Author: exciting pearl idiot "people" leer. not himself. and it sounds like a description of what currently occurs, not an invitation to make it occur. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8247013) |
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Date: June 12th, 2007 6:51 PM Author: Galvanic deep macaca sandwich These claims are WAY over the line. I honestly believe sanctions are appropriate. They are suing one guy (apparently) for jokingly suggesting that another guy take a plaintiff's picture at the gym. It wasn't even a very lewdly crafted statement. I can't believe KVN and Yale Law School are involved in this nonsense. I'm wondering if some of the defendants can sue for harassment through frivolous lawsuits. If I were some of them, I'd out myself and countersue right now. There's no way in hell many of these defendants are going to be held liable for what they did. Many of the actions were barely even unethical. I'm vehemently against what a lot of the posters did to those girls, but that doesn't excuse this sweeping lawsuit against anyone who said anything even remotely insensitive. I'm sorry, but it's simply not "intentional infliction of emotional distress" to post on an internet message board about how you'd like to have sex with somebody. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8248012) |
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Date: June 12th, 2007 1:41 PM Author: Glittery Turdskin p. 9, P 43 (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246769) |
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Date: June 12th, 2007 2:14 PM Author: Pink angry site marketing idea Subject: the word "google-bomb" is thrown around a lot these days but were does I & II really google-bombed? is this now the commonly accepted definition? (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8246946) |
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Date: June 12th, 2007 6:36 PM Author: Thirsty frisky faggotry coldplay fan I love how one of the first comments in response to the WSJ is Loyola2l fighting the good fight. No one can derail a conversation like him. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8247968) |
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Date: June 12th, 2007 7:27 PM Author: maniacal home I can't imagine they'll keep all of these people in the suit. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8248128) |
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0xCE955F7F2A24fB8A7c3cd6F115F65E016c785EC8 Date: June 12th, 2007 11:06 PM Author: richard clock Am I missing something, or are they including "Remember when I said I would kill you last? I lied." as a defendant for saying its laughable that she would be rejected based on xo. That is horrible. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8248935) |
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Date: June 14th, 2007 9:13 PM Author: sapphire brunch unless he made some other comment that the complaint ommitted (or that i'm missing), that seems really fucked up and OBVIOUSLY frivolous. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8256140) |
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Date: June 12th, 2007 11:35 PM Author: Tantric goal in life famous landscape painting What a TTT complaint. I can't believe such ostensibly intelligent people are such awful lawyers.
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Date: June 13th, 2007 2:35 AM Author: Boyish Shimmering Nursing Home How dare you?! (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8249648) |
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Date: November 4th, 2007 12:38 PM Author: Stirring flushed national this is helpful to use in studying for civpro. tyty. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8851360) |
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Date: November 4th, 2007 12:58 PM Author: Yellow cracking gaping if this ends up in front of a jury y'all are fucked. (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8851440) |
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Date: December 4th, 2007 5:05 PM Author: Razzle dog poop private investor (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#8977447) |
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Date: June 12th, 2008 4:35 PM Author: Greedy fat ankles (https://xoxohth.com/thread.php?thread_id=644117&forum_id=2#9884220) |