Lawsuit

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Joined: Fri Nov 20, 2009 10:58 pm

Lawsuit

Post by ░▒▓█ » Wed Dec 08, 2010 8:03 pm

This came up on my Google alerts, looks like somebody wants to silence WOT,

http://dockets.justia.com/docket/florida/flmdce/6:2010cv01826/252286/

Career Network, Inc. et al v. WOT Services, Ltd. et al
Plaintiffs: Career Network, Inc. , Three Stars Media, Inc. , Three Stars, Inc. , Internetcompany, Inc. , Medialogic, Inc. , Power Applications, Inc. , Monkeyjar, Inc. and Buzzgrub, Inc.
Defendants: WOT Services, Ltd. , Against Institution, Inc., Vesa Perala, Sami Tolvahen, Timo Ala-Kleemola, David Stadler, Esa Suurio and John and Jane Does 1 through 100
Case Number: 6:2010cv01826
Filed: December 7, 2010

Court: Florida Middle District Court
Office: Orlando Office [ Court Info ]
County: Orange
Presiding Judge: Gregory A. Presnell
Referring Judge: Karla R. Spaulding

Nature of Suit: Torts - Injury - Assault, Libel, and Slander
Cause: 28:1332
Jurisdiction: Diversity
Jury Demanded By: None

Guest

difrawi?

Post by Guest » Wed Dec 08, 2010 10:45 pm

Looks like this may be something difrawi_defrawy would want to look into.

Hey, difrawi_defrawy, what's the deal? Do you have any insight on this?

Seems like it would be a nuisance suit thrown out by the court for being frivolous and capricious. Thoughts?

░▒▓█
Posts: 874
Joined: Fri Nov 20, 2009 10:58 pm

I do not believe that

Post by ░▒▓█ » Wed Dec 08, 2010 10:47 pm

I do not believe that companies in Finland are subject to courts in Florida, even if the two places have some of the same letters in them.

Keavs
Posts: 533
Joined: Fri Nov 12, 2010 8:38 pm

Facts and Opinions

Post by Keavs » Thu Dec 09, 2010 8:16 am

Article 17 of the United Nations International Covenant on Civil and Political Rights states

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

Finland

In Finland, defamation is a crime, according to the Criminal Code, Chapter 24, Section 9, Clause (1), § (1), with a penalty of imprisonment of up to six months or a fine. When the defamation occurs in public, the crime is “aggravated defamation” (Chapter 24, Section 10), with a maximum punishment of two years in prison or a fine. In addition, there’s also a crime called “invasion of personal reputation” (Chapter 24, Section 8), that deals with the public dissemination of information that can harm one’s private life. However, personalities involved in the fields of politics, business, public office or public position, “or in a comparable position”, are specifically not protected by this article.


In the US, libel and slander are not as plaintiff friendly as in Europe. Our freedom of speech laws grant certain leeway.
However, I have said and thought eventually someone with deep pockets would give it a try.

I'm not familiar with the site or business in question. For all I know they could be scammers. However if the suit does go to trial, the onus will be on the WOT team to prove all the derogatory statements are true. WOT will be held responsible for comments placed by users. This is due to the fact that the company is responsible for comments made by users, using their system. Just like if I drop ship a product for an affiliate dealer, I am responsible for any claims they may make.

Will they win... doubtful.... I think it should have been filed in a Federal court, but I could be wrong. Not a lawyer, just related to a bunch.

Can they hurt Wot.... well if they can make a big enough stink, get enough publicity, and make some succinct points about untrustworthy ratings, and ratings made because of petty issues, and personal vendetta's..... show comments like people being called a criminal, because they have a private who is, or make 3 forum posts..... then WOT's credibility could be compromised.

Worse case... this could lead to firefox, IE and some other US based browsers to stop supporting the plug in.

Personally, I think you should see this as a wake up call. A lot of what goes on here is Libel.... it just is, and international law has measures in place. It's just a matter of time.
I was told freedom of speech laws don't apply to people overseas, but defamation, libel, and slander laws do apply internationally... you just can't put someone out of business, or publish lies about them, affect their livelihood, based on nothing but opinion, and think nothing will come of it.

If however all the ratings are fair, and WOT can show good reason for the ratings, this will go away....

Odds are it will just go away anyhow... a judge may see it as capricious, but apparently some lawyer thinks he has a case.
If it does make it to trial, it will be very, very expensive for the loser.

Vesa P
Posts: 32
Joined: Sat Jan 09, 2010 2:25 pm

Dispute with Career Network Inc et all.

Post by Vesa P » Thu Dec 09, 2010 8:45 am

Career Network Inc. et all has filed a lawsuit in Florida against WOT Services Ltd. as well as some of its employees. We believe the case is 100% without merit and it has been turned over to our lawyers. Unfortunately, WOT cannot comment about details of an active litigation.

Keavs
Posts: 533
Joined: Fri Nov 12, 2010 8:38 pm

Completely Understandable

Post by Keavs » Thu Dec 09, 2010 8:54 am

Thanks for the comment Vesa.

As I said, I doubt it will get far. Filing is just the first step. If the judge finds no merit, that should be that.

giedrius
Posts: 1310
Joined: Tue Jul 20, 2010 3:34 pm

I am kinda surprised that

Post by giedrius » Thu Dec 09, 2010 10:01 am

I am kinda surprised that they have not tried to do it in Finland. EU law is a bit harsher to libel, and for them it would be easier (if they got enough money and at least some comments that are libelous) .

The good thing is I do not think it will go that far. WOT deletes libelous comments (when asked), and if the threads related to these websites are clean, everything else is opinion.

CDA230: WOT is international page. So theoretically, USA courts have means to affect WOT. It has been done by other countries to other sites in the past. Youtube ban in Turkey (for hosting some offensive videos), Google in china, so on. There were cases in Italy where google was held accountable for single user-uploaded video on youtube.

Jazspeak
Posts: 7295
Joined: Fri Oct 17, 2008 4:20 pm

Re: John and Jane Does 1 to 100

Post by Jazspeak » Thu Dec 09, 2010 11:00 am

It is will be interesting to see who are the "John and Jane Does 1 through 100" mentioned in the OP. As far as I'm aware, in the UK Courts all defendants have to be named, although the situation might be different in the US Courts. Furthermore, in the UK Courts the defendants have a right to see all of the evidence against them except where that disclosure is protected in the National Interest. National Interest does not usually apply in Civil cases such as being proposed in the OP.

The allegation of Slander would seem to be at best unprovable, and possibly vexatious, because a slander has to be spoken and heard. Finding evidence of slander would probably be next to impossible.

The allegation of Libel could very easily be applied to the forum postings and scorecard comments of some WOT members, although it is doubtful if WOT could be held responsible for the postings by those members, particularly since WOT do usually remove any such libellous postings where those postings are brought to the attention of WOT Admin. It might be interesting to see if site ratings by some WOT members constitute Libel, especially to see if unjustifiably poor ratings count as Libel.

░▒▓█
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Joined: Fri Nov 20, 2009 10:58 pm

The people filing the

Post by ░▒▓█ » Thu Dec 09, 2010 6:57 pm

The people filing the lawsuit are the same people who did this, http://www.mywot.com/en/forum/5274-wot-defamation-page-on-facebook-www-facebook-com-mywot

Guest

`

Post by Guest » Thu Dec 09, 2010 7:51 pm

I do not know much about this "libel"law, but I want the whole community to know that, I am very proud of using WOT, and I live in the same state where this "trial ", will take place .

I will gladly allow the owners of WOT, to contact me in order to serve as a witness to the great job WOT have performed -

@the owners of WOT = If you need me in, anyway, please contact me, I will be there in whatever capacity you need me

I am sorry that, you will have to visit the beautiful state of Florida under such circumstances, but you could count in a friend for whatever is needy -

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