It's good to Google

[captain_slinky]

Researching Blog Libel this morning due to recent events, best and easiest bit of information on the subject that I found so far is HERE, and in its comments.

In a nut-shell? My suspicions are confirmed. There's no money to be made in legal action against the average blogger who doesn't have "Deep Pockets", so no Lawyers are willing to take the case. And clients are usually advised as such. Unless the person suing in interested in spending thousands of dollars in legal fees just so they can say "I was right and have a court document to prove it", there's nothing to be gained unless the person you are suing actually has any money... and even then you have to be able to PROVE financial damages.

Last night it was difficult to sleep because, even though I was pretty sure this was the case, my mind kept on going to the "Yeah, but what if..." well of futility.

As it stands right now, though, I'm really interested to hear from Roy and see what his side of the story is! There's no money to be made in this situation on either side, and i would love nothing more than to have this anger and hatred that I've been carrying around for nearly 20 years to just go away! I love that we both think we're the person who has been wronged here... it's very 'Zen' for me. Kind of like how even somebody like HITLER thought he was doing a great thing for the world, ya know? In his mind, he was the HERO!

Some good quotes that make me feel better re: Legal Action:

• "...malice with reckless disregard for the truth would have to be proved"
• "Many blogs are more like personal diaries and do not make tempting targets for litigation"

Comments

[zannah.livejournal.com]

The problem with that information is that it is just an opinion piece, and that guy isn't a lawyer. While I don't disagree with some of his information, I would still say that you need to be careful. You said that your post comes up first when you google for Roy's name, and it is point of fact that these days many employers google the names of employees before they hire them or while they are employed by them. In this case, if it happens to ever result in a firing or a loss of job for Roy, there would definitely be financial damages involved.

That's just one example. And honestly, you can find a lawyer to go after a lot of things that may otherwise be pointless, if you're willing to pay them. Which would mean the person you're suing would also have to spend the money to get a lawyer as well. Even if it gets dismissed, that's money you both are spending.

Sorry if this seems lecture-y. I don't want to see you get into a bad situation, is all. :)

[captain-slinky.livejournal.com]

Understood, and thank you :)

Yeah the piece i linked to is opinion, but it summed-up the actual legal stuff from lawyers that I had read this morning fairly well... better than I could do on my own. The best thing about lawyers is that all like to get paid, and there's just not much money to be made in suing an unemployed Stay-At-Home Dad! Plus, he'll be hard pressed to find any part of my post that can't be backed-up by other witnesses.

[dotgirl.livejournal.com]

I have to agree with Z here - you have other witnesses, and that's great, but someone who says "I agree with him" is a) easy to find, and b) not exactly "proof" - it's just corroboration.

Additionally, one of the big challenges in a libel case is proving it caused harm - but if you're the first thing that pops up when you Google him, and he makes his living off referrals, he's got a case for that.

I'm just saying - you might not think you have much worth going after, but I'd still be careful.

[khristle.livejournal.com]

Perhaps you could just remove his last name from the original post?

[fritters.livejournal.com]

That seems the easiest/wisest move.

[captain-slinky.livejournal.com]

But... but then all people will see when they Google him is that he's a TOP-NOTCH REAL ESTATE AGENT!!!

Actually, already done... it was cathartic enough to just have him find it so he knows that *someone* remembers what he did.

[captain-slinky.livejournal.com]

Awwww... but where's the fun in THAT?

Actually, already been done and the post has been Friends Locked :)

[khristle.livejournal.com]

Good boy!

[captain-slinky.livejournal.com]

Thanks! Not sure how much more careful I can be, but thanks!