Topix Lawsuit!!!!
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FYI

Santa Rosa Beach, FL

#1 Aug 26, 2012
http://abcnews.go.com/Business/jury-awards-13...

Check this out. Some of you need to need to heed this warning. If I was named and/or referred to as some are on this site I would have me a lawyer so fast it would make your head spin.

If this link does not work just Google topix lawsuit, you will find it through there.
Really

United States

#2 Sep 3, 2012
Is there a way to determine who posts what ? I realize there's freedom of speech but there's also slander .
Smiling

Douglasville, GA

#3 Sep 3, 2012
There is slander in almost every posting on these forums. If everybody took the same if you can't say something nice then dont say anything at all approach, the topics would actually be mature and meaningful. The worst slander that I read on here was about Eddie Dixon, wonder who all of the initial trouble makers were and how many folks have slandered his good name...."interesting "
Really

Bonifay, FL

#4 Sep 3, 2012
I agree.... It's ok though because whether their names are revealed or not , God knows who they are and he is a much much better judge than we could ever be. I truly believe that all of the slander about Dixon has only caused him to look better and the very few doing the trash talk like fools.
JohnDoe

Panama City, FL

#5 Sep 4, 2012
A site like Topix where you do not have to post and verify your true identity should not even be allowed to operate.
HCC

Santa Rosa Beach, FL

#6 Sep 6, 2012
Smiling wrote:
There is slander in almost every posting on these forums. If everybody took the same if you can't say something nice then dont say anything at all approach, the topics would actually be mature and meaningful. The worst slander that I read on here was about Eddie Dixon, wonder who all of the initial trouble makers were and how many folks have slandered his good name...."interesting "
Who are the trouble makers? People get on this thing out of pure frustration. Speak your mind and lose your job. And guess what? The one who sits in the chair of "authority" doesn't have to give you a reason. Sooo, we vent our spleens here. Topix is supposed to edit out the bad language, and they can refuse to print some postings. Do they do it? Most of the times...No. I guess there is a fine line between slander and truth. I don't really have a dog in this fight, but I know some people who do.
oncampus

Bonifay, FL

#7 Oct 3, 2012
Just wondering what is the fine line between slander and the truth.
say what

Niceville, FL

#8 Oct 3, 2012
the real deal in my opinion is every single person has something or did something at one time or another. the thing is sometimes things get off subject and only one side of a story is heard. But on the other hand what if it exposes someone for who they really are. I have mixed feelings. I will express my feelings but I will not attack anyone dignity or accuse someone without making some imply as to whom I was.
I do not like to be judge by others without knowing all the facts and that is almost impossible this day and time.
REP

Niceville, FL

#9 Oct 4, 2012
oncampus wrote:
Just wondering what is the fine line between slander and the truth.
That was kind of a question in and of itself I guess. Look at all the mudslinging on television lately. For instance, which one is telling the truth, Nelson or Mack? Can the actual truth also be slander? Whoops! Another question.
Quagmire

United States

#10 Oct 5, 2012
Gotta love them keyboard warriors!
gigidy!
REP

Niceville, FL

#11 Oct 6, 2012
Quagmire wrote:
Gotta love them keyboard warriors!
gigidy!
Ok, I admit I'm from the old school. What in the Sam Hill is this word "GIGIDY"? It ain't..er, aren't...Oh, heck...s'not in my Webster's.
discover

Bonifay, FL

#12 Oct 26, 2012
Does anyone know how you go about getting an IP address from a comment on here. Can it be done without a lawyer. and does the IP address have the persons name. Just wondering.
Yes and no

Bonifay, FL

#13 Oct 27, 2012
It is in the process of being done now. Topix does not have the names but they do have the ip, ISP, time of post and the device MAC address. Once topix complies with their subpoena we have to subpoena the ISP. Also, public ISPs such as McDonald's records the Mac addresses of the device. That like a tag number on your smart phone or computer.
discover

Bonifay, FL

#14 Oct 29, 2012
You didn't tell me how one gets started with this subpoena, ip and isp what ever. sounds like to me you don't know your self.
hhhmm

Panama City, FL

#15 Oct 29, 2012
but....what if a person from bonifay visits a friend in panama and used their computer to get on bonifay topix and slander. since you do not have to give your email address and name and it be verified can you truely find out who will be in "trouble"
ino

Bonifay, FL

#16 Oct 29, 2012
The "friend" WILL be getting some paperwork. Its like running a red light camera in someone's car. As a computer owner, you have the RESPONSIBILITY over the use of your computer.

When your friends gets their paperwork. They will probably be more than happy to transfer the blame. Hyothetically they could say, "Hey I didn't post that, my buddy David was over here and did that."

everyone has habits when they get online, check email, check facebook, etc...websites keep track of a lot of information, including the website users came from to where they go. There are even flash cookies that is difficult to delete that has your online history that calls home.

AND your other question above about slander definition. The term that applies on here is actually defamation. AND the only defense to defamation is it must be provably true.

Some types of slander/defamation, however, are considered “slanderous per se” and are automatically awarded general damages without proof of special damages. In this case the slander must do one of the following:

Declare the plaintiff unfit to perform his or her job adequately.

Allege criminal behavior on the part of the plaintiff.

Claim the plaintiff has an unsavory disease.
Make immoral sexual claims, especially about the virtue of a female plaintiff.

There are criminal statutes in Florida about cyberbullying. You may want to read up on it in the Florida Statutes.
ino

Bonifay, FL

#17 Oct 29, 2012
There is an interesting court decision that could set a dangerous precedent for people that post anonymously on public forums and blogs:

In just a few days, Gene Cooley lost his fiancee, his job, his future in-laws and his home.

It started with the murder of Cooley’s fiancee by the woman’s ex-husband. While still reeling from that loss, he became a target of Internet postings from someone he barely knew. The anonymous poster went on a community website for Blairsville, where Cooley lived at the time, and accused him of being a pedophile with a criminal record and a drug addict. None of it was true.

A Union County jury last week said the damage those postings did to Cooley was worth $404,000, the largest award ever handed down in this North Georgia county. The case itself, in which the poster was identified through her computer’s numeric IP address, is believed to be unique for Georgia as well as the rest of the nation.
[...]
Cooley barely knew his web attacker, a woman who worked at a Blairsville store where he sometimes shopped. Had it not been for the willingness by the website, Topix.com , to out Sybil Denise Ballew, her identity may never have been known.

Stookey took an infrequently used route to find Ballew’s identity. He used a subpoena to get the IP address, which is something unique to every computer, behind the libelous postings on Topix.com . The website, which acts as a news aggregator for local communities, readily complied.

“She [the poster] might have said these things in the past, but you write it down and it can be traced back to your computer,” said Topix.com CEO Chris Tolls.“People are going to find it’s hard to have complete anonymity.”

Cooley’s saga began with the murder of his fiancee, Paulette Harper, at the hands of her ex-husband in September of 2008. A few days later, the postings on the Blairsville page of Topix.com started showing up.

The poster wrote Cooley was a “pervert” and drug addict with a lengthy criminal record, a man who had been in prison and rehab. Harper’s daughter, who was 9 at the time, must be protected from Cooley, the poster wrote.

You can say pretty much whatever you want about a public figure with in the standards of New York Times v. Sullivan. In order to prove libel, the complainant would have to prove actual malice to be successful in any lawsuit. When it comes to private citizens, you don’t have that luxury.

So, if you’re commenting on a forum about a private citizen and you feel the need to unload your feelings, make sure what you are saying is true or keep your mouth shut.
hhhmmm

Panama City, FL

#18 Oct 30, 2012
whew. thank goodness I just get on here to read all the gossip.(most of it sounds/reads rediculous) but I know MANY who use friend's, local(community), or business computer. I also know a few who comment from unregistered prepaid phones. Or a friends ipod. This being the reason I wondered how they can truely track the "RIGHT" person. Also not many friends will question their friend of all activity on their computer.(and what about a slumber party or frat party where MANY are on that same computer) who knows
ino

Bonifay, FL

#19 Oct 30, 2012
When you stick a shovel into a pile of shit, you don't get it all with the first scoop, but you do get most of it!
scott

Midland City, AL

#20 Oct 31, 2012
I LOVE FOR THE BAD ISSUES TO BE KNOWN TO THE PUBLIC !! AND YES YOU WILL HAFT TO PICK THROUGH IT WITH RUBBER GLOVES !! SHIT TO MANY PEOPLE HOOKED ON BAD DRUGS AND STUPID MURDERS AND MISSING PEOPLE AND OTHER REAL BAD ISSUES GOING ON !! I WONT YOU TO TRY MY HAND I AM READY !!

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