Rogersville woman sues over anonymous web post

Jan 14, 2013 Full story: WBIR-TV 20

An East Tennessee woman is suing a person whose identity she does not know after they wrote a post about her a popular social media website.

Full Story

Level 2

Since: Jun 12

Location hidden

#1 Jan 15, 2013
dont blame her
Yoda

Kodak, TN

#2 Jan 15, 2013
I hope they burn the slanderers! Maybe others will learn some manners.
billy bob

Morristown, TN

#3 Jan 15, 2013
I dont think anyone should post things that are not true.
However, i also feel by being being able to post the truth and not having to prove your idenity is good to bring out things that are going on. If someone knew who you are they could bully you, make it hard on you, and lots of other things. So, let the truth stand, and people be able to post without anyone knowing who they are. I know someone who lost their job by posting the truth, and they are still getting hell over it.

“Stop libel and bullying.”

Level 8

Since: Apr 09

Spotted World

#4 Jan 17, 2013
Boo hoo hoo! Wah!

We should not have to give up our privacy or our guns because a few idiots decided to abuse either. If it works that way, then lets ban cars because of the few drunks on the highways and the few murderers who use cars to murder.

“Stop libel and bullying.”

Level 8

Since: Apr 09

Spotted World

#5 Jan 17, 2013
Hypothetically speaking only, I wonder what she did to attack or bully the other party first? People usually don't get revenge without provocation. When a bully sues someone who slanders them as payback, they are only bullying more. Proof that a bully has repented is that they LET their victims get payback.

At any rate, we don't know all the details, and if she is truly an innocent bystander, I feel for her and believe she did the right thing. Nobody who doesn't provoke others should have this done to them. But if you have ever banned them from a store or deliberately took their lover, then I have no pity for you. If you ban or fire people unfairly, you deserve whatever you get.
lol

Kingsport, TN

#6 Jan 17, 2013
how in the hell does being banned from a store compare to taking someone's lover?

“Stop libel and bullying.”

Level 8

Since: Apr 09

Spotted World

#7 Jan 17, 2013
lol wrote:
how in the hell does being banned from a store compare to taking someone's lover?
No comparison, just examples.
fem man

Rutherfordton, NC

#8 Jan 17, 2013
As I read these posts I feel like I am being bullied by a speckled female. I don't like being mistreated by some polka-dotted mama. Pock marked women are the down fall of civilization.It was a blotchy broad that caused all my personal problems.
Splattered skinned women should not be allowed to own firearms.

Since: Apr 07

San Francisco

#10 Jan 17, 2013
More and more, these types of litigation are coming against Topix.

Time for a wake up call. This model here where hits and clicks is the focus, is an old model of the net. Rather, it is ever changeing and Topix digging it's heals in is not a smart business move.

People are not tolerant of anonymous posts anymore on sites like IMDb, twitter, news comment sights, usually, people have to register under a set of terms of service.

Also the judge it feature is sophomoric and has used up it's usefulness as even mundane and non opinion posts are "judged".

Tolles, heed the changes as the net is ever changing and people are fed up with this type of silliness. Give power to the people and you could become as successful as twitter, if you dare.

-from one who knows.
anonymous web post

Hillsboro, OH

#11 Jan 19, 2013
The Full story ... http://www.wbir.com/news/local/story.aspx...

It states that they may try to,

QUOTE
" ... ask the court to issue a judicial subpoena directing Topix to hand over all copies of all threads and posts pertaining to the lawsuit. The lawsuit also said that the subpoena would ask Topix to provide the user's IP address, which would help identify the person behind the posts."
UNQUOTE

So, Topix does log a user's IP address?! Not just the ISP address that show in posts. Is this the actual personal computer private IP address? Is this how reverse DNS lookup comes into play? So, our actual home address may be able to be discovered? And what if that user was posting from a public Wi-Fi hotspot or/and using a proxy server?

The Full story also stated that Topix CEO Chris Tolles claims that anonymous posting in small communities allows Topix to build up a user base.

I don't know what those 'Rogersville woman' posts said. But on a side note not necessiarily referring to this case, in general, I think some people are suspicious that Topix may be hiring paid posters to make off-the-wall comments to rev up interest and business. Maybe this is a practice that social websites employ. I don't know. If so, hopefully that poster wasn't one. And even if he or she was, could any association with Topix -- if there was one -- be exposed?

Don't tase me, bro! LOL!!!
Roger that?
Over and out, good buddy.

“It is what it is, folks!!”

Since: Feb 10

The land of harmony and peace

#12 Jan 20, 2013
FULL STORY:
http://www.wbir.com/news/local/story.aspx...

~~ An East Tennessee woman is suing a person whose identity she does not know after they wrote a post about her a popular social media website.

In a lawsuit filed January 8 in Hawkins County Circuit Court, Rogersville resident Sarah Davis claimed an anonymous user was defaming her reputation on Topix.com , a website where people can post their thoughts in hyper-local community forums.

The anonymous person, who goes by the name "LUV2WALK", wrote on the website that Davis had committed adultery in a Rogersville park. Davis denies the claims and is now suing that user for $200,000.

Her attorney William Phillips II said there were multiple posts and threats made in regards to the allegation.

"They [the user] certainly have an agenda in defaming the character of Ms. Davis," Phillips said.

He said he would like for the anonymous user to reveal their identity as it would be "the noble thing to do."

"Individuals post on Topix on a daily basis," Phillips said. "They constantly defame the characters of everyday citizens and I think they do it under the guise they can hide behind their anonymity."

In the lawsuit, Phillips and Davis have given the anonymous user 30 days to file a responsive pleading under their actual name. If the user does not do so, the lawsuit reads that Phillips and Davis will ask the court to issue a judicial subpoena directing Topix to hand over all copies of all threads and posts pertaining to the lawsuit. The lawsuit also said that the subpoena would ask Topix to provide the user's IP address, which would help identify the person behind the posts.

Phillips said he and his client posted a notice on the website directed toward the anonymous user that has since been removed.

10News talked to Topix CEO Chris Tolles about the matter. He said Topix, which is widely used in Appalachia, does not think Phillips and Davis' proposed actions sound unreasonable.

"If this goes to the court system and we are subpoenaed, we are unlikely to stand against that subpoena," Tolles said. "I haven't seen it yet, so it's hard to say what I will or will not do."

He says under the Communications Decency Act, Topix is not responsible for content posted by third party users.

Tolles said he admits there are advantages and disadvantages to allowing users to post anonymously on Topix. However, he said it is a feature the site needs in order to build up users in smaller communities.

"Our ability to actually do something interesting requires there to be some sort of audience there," Tolles said.

Either way, legal experts like Knoxville attorney Don Bosch advises web users not to make defamatory claims online as they are subject to the same laws that they would be anywhere else.

"Defamation is defamation and whether it be electronic, print or spoken, it still subjects an individual to a civil legal action should they make such a statement," he said.
anonymous web post

Hillsboro, OH

#13 Jan 22, 2013
_-_Nope_-_ wrote:
FULL STORY:
http://www.wbir.com/news/local/story.aspx...
~~ An East Tennessee woman is suing a person whose identity she does not know after they wrote a post about her a popular social media website.
In a lawsuit filed January 8 in Hawkins County Circuit Court, Rogersville resident Sarah Davis claimed an anonymous user was defaming her reputation on Topix.com , a website where people can post their thoughts in hyper-local community forums.
The anonymous person, who goes by the name "LUV2WALK", wrote on the website that Davis had committed adultery in a Rogersville park. Davis denies the claims and is now suing that user for $200,000.
Her attorney William Phillips II said there were multiple posts and threats made in regards to the allegation.
"They [the user] certainly have an agenda in defaming the character of Ms. Davis," Phillips said.
He said he would like for the anonymous user to reveal their identity as it would be "the noble thing to do."
"Individuals post on Topix on a daily basis," Phillips said. "They constantly defame the characters of everyday citizens and I think they do it under the guise they can hide behind their anonymity."
In the lawsuit, Phillips and Davis have given the anonymous user 30 days to file a responsive pleading under their actual name. If the user does not do so, the lawsuit reads that Phillips and Davis will ask the court to issue a judicial subpoena directing Topix to hand over all copies of all threads and posts pertaining to the lawsuit. The lawsuit also said that the subpoena would ask Topix to provide the user's IP address, which would help identify the person behind the posts.
Phillips said he and his client posted a notice on the website directed toward the anonymous user that has since been removed.
10News talked to Topix CEO Chris Tolles about the matter. He said Topix, which is widely used in Appalachia, does not think Phillips and Davis' proposed actions sound unreasonable.
"If this goes to the court system and we are subpoenaed, we are unlikely to stand against that subpoena," Tolles said. "I haven't seen it yet, so it's hard to say what I will or will not do."
He says under the Communications Decency Act, Topix is not responsible for content posted by third party users.
Tolles said he admits there are advantages and disadvantages to allowing users to post anonymously on Topix. However, he said it is a feature the site needs in order to build up users in smaller communities.
"Our ability to actually do something interesting requires there to be some sort of audience there," Tolles said.
Either way, legal experts like Knoxville attorney Don Bosch advises web users not to make defamatory claims online as they are subject to the same laws that they would be anywhere else.
"Defamation is defamation and whether it be electronic, print or spoken, it still subjects an individual to a civil legal action should they make such a statement," he said.
Dude, you just copied and posted the complete full story word for word. That could be a copyright violation. Thus, leading to a whole new Topix lawsuit regarding the Rogersville woman thread incident-- this time by the website of WBIR-TV which pulished the full story. Or maybe this is something allowed on social media websites? I merely quoted a portion of it. LOL!!! Nifty user name you have, by the way.

Can someone please provide a link to that thread if it hasn't been removed already? In the interest of journalism, it would help us all out if we could see the actual comments that were made.
expect better

Wadesboro, NC

#14 Jan 22, 2013
anonymous web post wrote:
<quoted text>
Dude, you just copied and posted the complete full story word for word. That could be a copyright violation. Thus, leading to a whole new Topix lawsuit regarding the Rogersville woman thread incident-- this time by the website of WBIR-TV which pulished the full story. Or maybe this is something allowed on social media websites? I merely quoted a portion of it. LOL!!! Nifty user name you have, by the way.
Can someone please provide a link to that thread if it hasn't been removed already? In the interest of journalism, it would help us all out if we could see the actual comments that were made.
I can't understand why our public officials are going after people in the private sector. They are in a public position, so they are to expected to deal with alot of ridicule in a professional manner, not retaliate.

This is quite similar to what the crook tony shipley from kingsport did back when some anonymous person turned him in to the DA for reinstating that pillhead clinics license for kickback, the DA wouldn't tell him who it was so he opened his own investigation by hiring a PI to go after whoever blew the whistle, which is extremely unethical.

He is a crook out for blood no doubt. While what this situation is based upon is a different situation, its no different in the aspect that nobody from the private sector could get a single thing done about it.

There has been WAY WAY WAY worse said about others on here, but they don't work for their majesty on the hill at the almighty and godly hawkins county court system. Notice how everybody laughed like hell at tony shipley in kingsport, even the DA when he threw his vicious little baby tantrum? I bet if he was an elected official here, they would have "cooperated fully". You could bank on that.

Kingsport handled the shipley incident incorrectly, he didn't get any official punishment, he only got chewed out pretty bad by the DA over his heavy-handed scare tactics used during the pill clinic ordeal.

As of Nov., citizens in kingsport proved they are gluttons for punishment up there too, as they reelected him again.

See this is where the country is headed, you can't say anything about the government or you face the consequences. It don't matter who gets control, democrats, republicans, independents, in the future you won't be able to have a spoken opinion of your elected government without getting subpoenaed to court.

We have nobody to blame but ourselves for voting these clowns into office. Hopefully the people of hawkins county will remember this come next election.
girl

United States

#15 Jan 22, 2013
maybe people will be a little nicer on here.hope so;)
another one

Lancaster, SC

#16 Jan 23, 2013
Another political figure is coming forth with a suit

“Stop libel and bullying.”

Level 8

Since: Apr 09

Spotted World

#17 Jan 24, 2013
fem man wrote:
As I read these posts I feel like I am being bullied by a speckled female. I don't like being mistreated by some polka-dotted mama. Pock marked women are the down fall of civilization.It was a blotchy broad that caused all my personal problems.
Splattered skinned women should not be allowed to own firearms.
Cute!:)

I'd only own a spotted gun of course.
fem man

Statesville, NC

#18 Jan 24, 2013
Spotted Girl wrote:
<quoted text>
Cute!:)
I'd only own a spotted gun of course.
Hopefully you would be able to conceal your gun to keep the government agents from "spotting" it.
( actually my first crush was a girl that had chicken pox )
well

Hazard, KY

#19 Feb 6, 2013
interesting to say the least
yah

Johnson City, TN

#20 Feb 6, 2013
well susan is just mad she got caught cheeting
yah

Johnson City, TN

#21 Feb 6, 2013
is she going 2 sue her mama 4 screwing her dad 2

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