Fake news stories...
KotaPress
unmoderated and it seems nearly impossible to get messages removed.
But we recently had a person using an aliased name and email post a
fake news story about KotaPress. We filed with the Attorney General's
Office and they are trying to track a real email contact for the
person who posted to move forward with the complaint. But if they
can't get a real person/email, the complaint is dropped. So then what
is the best way to get to Usenet to have that fake news story removed?
Is there a way to do that without doing the legal, private
investigator, etc, kind of thing? We aren't interested in anything
but having the fake story removed. Seemed a simple enough request,
but... anyway thought to ask if anyone might have ideas??
Thanks,
k-
Kara Jones, KotaPress
Philip M. Brewer
> I know Usenet boards are largely > unmoderated and it seems nearly
impossible to get messages removed.
Posting something on Usenet is effectively like printing the message on a
billion pieces of paper and then shoving them under the doors of a billion
homes, schools, and businesses.
The result is that you really can't get it "removed." No one can. There's
a special kind of note you can send (a cancel message) that effectively
asks each person who got the first note to throw it away, but most people
ignore that message.
No matter how many people would be willing to delete the message, there
are still going to be hundreds of millions who either never get your
request or refuse to honor it or would be willing to honor it but just
don't get around to it.
Arthur L. Rubin
>
> Wonder if anyone can offer ideas? I know Usenet boards are largely
> unmoderated and it seems nearly impossible to get messages removed.
> But we recently had a person using an aliased name and email post a
> fake news story about KotaPress.
I THINK google will remove an article under those circumstances.
For all other servers, even if you could win a suit, the message
would expire before anything could happen.
So, as a practical matter, there's little you can do.
See, for example, Harlan Ellison's attempt to get AOL to remove
a message for clear copyright violation. It's POSSIBLE he will
win in court, but the message is long gone.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
PTRAVEL
"KotaPress" <edi...@kotapress.com> wrote in message
news:vvsf00lsbd7tbfuq9...@4ax.com...
The fake news story may constitute trade libel (can't say without knowing
the details).
The legal vehicle for forcing someone to do something is affirmative
injunction. You can only obtain one by filing a lawsuit. The starting
place would be identifying the original poster. Different states have
different procedures -- some allow pre-litigation discovery subpoenae, some
don't. You'd either use the subpoena process to identify the original
poster, then file suit, or file a Doe complaint (unknown defendant),
subpoena the ISP then amend to name the original poster. The action would
be for trade libel, sometimes called trade disparagement (there are other
potential torts that could be plead as well). The relief sought would
include injunctive relief.
Eliyahu Rooff
"KotaPress" <edi...@kotapress.com> wrote in message
news:vvsf00lsbd7tbfuq9...@4ax.com...
Getting a post removed from Usenet is just about impossible,
especially since much of it resides on hundreds of independent
newsservers around the world, not to mention Google [and others]
archives. The most effective response might be simply to respond to
the post with a factual denial, since anyone downloading the
offensive post will then be able to see "the rest of the story."
Eliyahu Rooff
bat
K> news story removed?Is there a way to do that without doing the
K> legal, private investigator, etc, kind of thing? We aren't
K> interested in anything but having the fake story removed. Seemed a
K> simple enough request, but... anyway thought to ask if anyone
K> might have ideas??
It's probably not so much a legal question, but rather technical.
If the fake story is posted on web sites, all you can do is to contact the
organizations hosting those websites, provide the proof that the story was
fake, and ask them to remove the story, or at least to publish your
statement as well. If they don't cooperate, you and your attorney may
consider legal action, but it hardly would be very effective because those
sites may be abroad, because they are not responsible for the materials
posted by their visitors (speaking of forum sites), etc.
But if the story was really posted on Usenet, then really nothing you can
do; however, it's not dangerous either because Usenet articles soon expire
and get deleted from newsservers. There's however archive of all Usenet
messages, maintained by Google. Technically, Google can remove that message
from their archive, according to their policy. See
http://www.google.com/googlegroups/help.html#9
..
Don't worry though, Internet and Usenet are full of fake and hate
information about any significant person, company, event, etc. It's
unavoidable. If you think that the fake story is indeed very important and
widely spread, publish your own point of view - that's probably the best you
can do.