sovay: (Sovay: David Owen)
sovay ([personal profile] sovay) wrote2013-05-06 11:52 pm

And Texas needs rain

And this is a signal boost, because the situation has spilled from whiskey tango to requiring legal aid: Davis Square LJ being sued, Massachusetts lawyers needed. Read back on [livejournal.com profile] davis_square for more details or just ask a surprising number of people in my life. Anyone who has advice for the defendants as to how to go about organizing themselves as such might as well speak up here, too. This is not a reasonable thing to endure happening.

[livejournal.com profile] derspatchel's written a song about it, which is nice.
kate_nepveu: sleeping cat carved in brown wood (Default)

[personal profile] kate_nepveu 2013-05-07 04:00 pm (UTC)(link)
My goodness. That is stunning.
kate_nepveu: sleeping cat carved in brown wood (Default)

[personal profile] kate_nepveu 2013-05-07 04:15 pm (UTC)(link)

Alas, no; this is very much not my kind of law, the only Massachusetts lawyer I know is in government and so unavailable for these purposes, and it looks like the community is already very well-organized. Sorry.

kate_nepveu: sleeping cat carved in brown wood (Default)

[personal profile] kate_nepveu 2013-05-07 04:32 pm (UTC)(link)
I represent the state, state agencies, and state employees when they are sued; specifically, I do appeals. So mostly civil rights and administrative law.
jjhunter: Drawing of human JJ in ink tinted with blue watercolor; woman wearing glasses with arched eyebrows (JJ inked)

[personal profile] jjhunter 2013-05-07 07:37 pm (UTC)(link)
I went googling for Al Giordano and defamation law (the one useful 'blogging falls under 1st amendment protections' precedence I knew off the top of my head), and found the Internet Library of Law and Court Decisions's Online Defamation/Libel/Communications Decency Act-related page of US court cases.
This section of the Internet Law Library contains a host of court decisions addressing online defamation and libel claims, the jurisdictions in which they can be brought and the application of the single publication rule thereto. The cases discussed below also address the potential liability of third party publishers such as Internet Service Providers, chat room and bulletin board operators for the defamatory comments of others, and the protections they can be expect to receive in these and other situations by application of the Communications Decency Act.
A bit technical, but might be enough for someone in Davis Square LJ's extended circle who can read legalese to figure out their options.

[identity profile] adrian-turtle.livejournal.com 2013-05-07 03:14 pm (UTC)(link)
It's getting worse as we speak. (Well, as you sleep.) Somebody who didn't even participate in mocking Jonmon back in 2010 just received a Cease and Desist letter. It tried to intimidate him into removing his (nonexistant) comments from 2010, and also cited the recent thread--the one that says Jonmon is a creep for suing Ron and DSLJ. The idea seems to be that it's a violation of copyright to distribute or quote the documents of the suit, or any of the "do thus-and-so or I'll name you as yet another of the John Does" letters.

There are some communities where tracking down connections between pseudonyms and wallet names is, itself, threatening. This time, Jonmon is going after a part of the net where outing is not a useful threat. Court costs are a useful threat, certainly. And being physically stalked is scary for a lot of people who are cheerfully open about "My name is thus-and-so, and I believe Jon Monserrat is a creep."

[identity profile] adrian-turtle.livejournal.com 2013-05-07 05:10 pm (UTC)(link)
I'd really appreciate it if you didn't behave as though my insomnia was a humorous character flaw.

I apologize. I don't think it's anything like a character flaw to be a night person. And I know insomnia isn't funny at all.

I agree that Jonmon's behavior is looking more and more stalkery. He doesn't seem likely to turn violent, but you're right that he has no respect for legal or social boundaries. So it's hard to be sure. He's trying gaslighting (which is a BIG weapon in classic stalking), and it's not having any effect at all. It's like he doesn't know this is a play with a chorus, and every time he tries to undermine somebody's sense that they're being harassed (how dare you complain about those letters I sent you! what's wrong with you?) the chorus chimes in calling him a creep. It feels supportive and reassuring to me. (I have the luxury of not being targeted directly.)

I hadn't seen any threats to grab the rat by the lapels and dismember him with a spork. (I agree those would be unwise.) I did see some suggestions to call the police about the scary dude in the trenchcoat hanging around one's property asking questions of the neighbors, or to file a restraining order. I thought those were perfectly reasonable. Those police reports would be useful when Jonmon goes to court to say "They're defaming me by calling me a creep!"

[identity profile] ladymondegreen.livejournal.com 2013-05-07 04:27 pm (UTC)(link)
Oy. I suspect that as JonMon gets more desperate to cover everyone who might have defamed him, cases of mistaken identity are popping to the top (the 'oh, you're you' phenomenon in reverse).

*sending strength to everyone affected by this chunderheaded assmonkery*

[identity profile] ladymondegreen.livejournal.com 2013-05-07 05:36 pm (UTC)(link)
adversity + inability to act = creativity?

[identity profile] schreibergasse.livejournal.com 2013-05-07 05:12 pm (UTC)(link)
I don't THINK I know any MA lawyers, so this is not very useful; but I just wanted to say that that was a BRILLIANT description of Encyclopedia Dramatica on there.

[identity profile] ap-aelfwine.livejournal.com 2013-05-07 10:38 pm (UTC)(link)
I wish I had anything useful to say, but I'm so sorry to hear of this mess, and I wish the unfortunate folk caught up in it strength and success.

Good song, there, and I agree that Popehat has the best description of Encyclopedia Dramatica I've ever seen.