WSJ BLOG HAS THE COMPLAINT!!!!!
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Poast new message in this thread
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Date: June 12th, 2007 5:25 PM Author: fuck_off
Sounds like it went a little further than that.
Edit: She repeatedly attempted to stop it and was refused. She was stalked in the gym. that's a bit more than "saying something mean."
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8247710) |
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Date: June 12th, 2007 7:10 PM Author: Blauvelt20
You kidding?
There's a fine line between being mean and slandering somebody.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8248064) |
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Date: June 12th, 2007 12:58 PM Author: IronMonkey Subject: THIS IS NOT LEGAL ADVICE; YOU ARE NOT MY CLIENT!
A few comments:
a). Copyright infringement is the only asserted basis for federal court jurisdiction. The Complaint states no background facts indicating that the only named defendant (Ciolli) infringed any copyrights (rather, it explicitly states that some subset of defendants committed such actions). However, the copyright cause of action section goes on to allege that "defendants" have copied the copyrighted photos. I think any reasonable investigation would show that not all defendants did so, and the complaint itself suggests this.
Indeed, all the stated causes of action name "defendants" without distinction between various individual defendants.
b). I'm not convinced that all the other causes of action arise under the the same nucleus of operative facts as the copyright claim. Is subject matter jurisdiction valid?
c). I'd be interested in learning how the plaintiffs acquired ownership of the copyrights at issue.
d). What a bunch of assholes (the posters, that is).
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246584) |
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Date: June 12th, 2007 1:02 PM Author: .,...,,,.,..,,,,,.,,,.,,,.,.,
And again, why is rachmiel not named as a defendant, given that he is mentioned by name repeatedly throughout the complaint as playing more or less the same role as GTO? Perhaps he is being rewarded for cooperation...*
speculation, just kidding, please don't sue me
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246593) |
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Date: June 12th, 2007 1:05 PM Author: IronMonkey
Yeah, that confused me, but it's no grounds to attack the complaint.
I don't really know if any of the things I mentioned are valid grounds either, but interesting things I would research if I had enumerable hours of free time and free Westlaw.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246603) |
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Date: June 12th, 2007 11:56 PM Author: ..,. ..,, .., .,,,. (This is a karate dojo, not a knitting class.)
You sue a website based on speech and you're likely to raise the ire of some pretty resourceful opponents. If you just sue some individuals that say stupid things, that's much less likely.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8249118) |
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Date: June 12th, 2007 1:08 PM Author: IronMonkey
The "author(s)" of the photo owns the copyright the moment it is taken.
Simply "having them taken" doesn't give the subject ownership of the copyright.
I could make an argument for copyright ownership even if someone else took them, but I won't go into that. I'm interested in what their theory is.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246611) |
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Date: June 12th, 2007 1:12 PM Author: IronMonkey
"Doe II doesn't list copyright in her complaint."
Is that right? I wonder what the basis for jurisdiction is, then.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246617) |
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Date: June 12th, 2007 1:20 PM Author: IronMonkey
I would not be surprised if a lot of the claims could get dismissed for lack of subject matter jurisdiction.
I kind of hope they get someone to defend them (at least Ciolli) pro bono, just so we can see the legal issues play out.
On the other hand, I kind of want some of the defendants to get PWNED!
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246645) |
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Date: June 12th, 2007 1:24 PM Author: IronMonkey
I'm not sure if that meets the standard required for jurisdiction. I haven't looked at it in a while.
I know there is case law dealing with whether related contractual claims can be heard in federal court based on copyright issues in the contracts, but I'm not sure if that's relevant.
Edit: at any rate, it seems like Ciolli should be able to say that they haven't asserted a copyright claim against him (and if they have, it's wading into murky Rule 11 territory).
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246658) |
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Date: June 12th, 2007 12:51 PM Author: Larry H. Parker (Models and Bottles)
what's it say?
i cant get the pdf to work :(
edit: n/m, got it.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246569) |
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Date: June 12th, 2007 1:01 PM Author: trolljunkie
that one doesn't make sense. He wasn't actually saying something himself, he was rephrasing the comments that were threatening, and that were being discussed in the thread in question.
http://www.xoxohth.com/thread.php?thread_id=592614&mc=59&forum_id=2#7729696
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246590) |
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Date: June 12th, 2007 1:08 PM Author: trolljunkie
I imagine they just found the comment and didn't understand the context of it.
EDIT: this was supposed to be a reply to Fulano.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246612) |

Date: June 12th, 2007 12:52 PM Author: ..,.,.,,,.,.,....,.,.,.........,.,.
Wow at page 12.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246573) |

Date: June 12th, 2007 12:57 PM Author: Titus Pullo
Paragraph 39: WTF? She couldn't just reschedule her "meetings with law enforcement"?
Also, LOL at the explanation of "CGWBT" in Paragraph 46.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246583) |

Date: June 12th, 2007 1:18 PM Author: homeless
Holy shit.
I know this sucks for our peers, but that is hilarious.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246636) |

Date: June 12th, 2007 1:18 PM Author: .........,,,,,. ,,,. ,.,. ,.,.,.,.... ..,....
Re: paragraph 40, first sentence --
Did they even read this thing before they filed it?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246638) |

Date: June 12th, 2007 1:37 PM Author: :;;;;.............,.,.,.,..,,,,,,,,,,,..,.,.,.,.,. (<Party of Five>)
Ridiculous. This is legal harrassment. What the fuck did vincimus do, for example?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246738) |
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Date: June 12th, 2007 1:42 PM Author: I heart seminal internet cases
Quoting complaint:
43.
Despite her attempts to end additional defamatory, harassing, and threatening posts about her, the outrageous behavior on AutoAdmit continued. The posters' fixation with Doe I1 went so far as to include suggestions to follow her to the gym and attempt to take her picture while in public:
Date: February 12th, 2007 11:29 AM Author: vincimus I can assure you she doesn't dress conservatively. Anyone who goes to the gym in the afternoon has seen her trapsing around in spandex booty shorts and a strappy tank top. She wants people to look, and they do.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246771) |
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Date: June 12th, 2007 1:48 PM Author: :;;;;.............,.,.,.,..,,,,,,,,,,,..,.,.,.,.,. (<Party of Five>)
Yes, which shocked me. He seems like an upstanding guy who's going to get raped because of Heide Iravani and Brittan Heller's fixation on tearing down as many people as possible, no matter how peripheral.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246808) |
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Date: June 12th, 2007 1:59 PM Author: ..,.,.,,,.,.,....,.,.,.........,.,.
If you were the plaintiff, how would you feel about going to the gym after reading that?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246864) |
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Date: June 12th, 2007 2:18 PM Author: :;;;;.............,.,.,.,..,,,,,,,,,,,..,.,.,.,.,. (<Party of Five>)
HORRIFIED AND SHOCKED AND READY TO SUE
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246967) |
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Date: June 12th, 2007 1:58 PM Author: Aaron123
in my non-legal-advice-giving opinion, no fucking way this is "outrageous" enough to satisfy IIED.
as for false light, that's seems slightly more possible, if "she wants people to look" and the description of her outfit at the gym are considered attributing Doe II views she doesn't hold or action she didn't take. but it still has to be considered offensive to a reasonable person.
there's also the "unreasonably publicity given to another's life" claim. someone else can look that up on wikipedia.
but don't all of these "intrusion of privacy" claims have to involve some sort of actual INTRUSION?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246861) |
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Date: June 12th, 2007 2:03 PM Author: ..,.,.,,,.,.,....,.,.,.........,.,.
The poster suggests that he regularly sees the plaintiff at the gym, and that he and his associates frequently leer at her. Pretty creepy stuff, wouldn't you say?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246889) |

Date: June 12th, 2007 11:35 PM Author: analthendump
What a TTT complaint. I can't believe such ostensibly intelligent people are such awful lawyers.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8249035)
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Date: June 12th, 2008 4:35 PM Author: clubby
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#9884220) |
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