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Vogue model wins right to unmask offensive blogger Follow

#27 Aug 19 2009 at 11:43 AM Rating: Good
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Kavekk wrote:
When the consequences are legal, it does infringe on free speech.


Then he should learn to express opinion as opinion instead of presenting them as fact, when they have a likely impact on another person's livelihood or well-being.

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#28 Aug 19 2009 at 12:07 PM Rating: Excellent
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Elinda wrote:
So, if the blogger were a known fashion review professional, the claims might hold water. If the blogger knowingly mis-printed her age to do her harm, it could, by a loooong stretch be libel. Still, the term "40 something" could just as easily translate to the age range of 35 to 45.

As far as I'm concerned, unless it can be proven that this comment has some tangible negative effect on this women - say a modeling agency claims they read and consider this guys comments when hiring models, it's a bogus claim.


This.

The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements. A statement of opinion only has as much weight as the person making the statement. And let's be honest "Anonymous" on the internet is as unimportant and irrelevant as you can get.

Now, if the people running this site had "officially" declared her ***** of the year, or whatever, then she could sue them. But an anonymous poster on said site? I think that's absurd. The very nature of anonymity on the internet precludes the need to "face your accuser". Cause no one takes an anonymous accusation seriously (or at least they shouldn't).

Now. I suppose on a case by case basis, if she can show direct harm from said anonymous post, this could be legitimate. I have a feeling that this is more of a really dumb judge reacting to the rising cyberbullying issue. I think the whole thing is a trend in the wrong direction as regards speech on the internet. By treating things said on the internet seriously, we're granting said posts more weight than they really should have, leading to this sort of ridiculous ruling...


The unfortunate aspect of this is that the person revealed cannot challenge this until *after* the damage has been done. Not just to that person, but to all of us. Imagine the ramifications for a site like Allas, where many people express sometimes off color opinions every single day. Can Alla be threated with suit if someone posts something on his site they don't like? Would he be forced to reveal the identity of his posters in that case? Why? Does the opinion of "randomguy" posting on Allakhazam really have sufficient weight to cause harm to someone in the real world? It shouldn't.
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#29 Aug 19 2009 at 12:18 PM Rating: Excellent
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Elinda wrote:
As far as I'm concerned, unless it can be proven that this comment has some tangible negative effect on this women - say a modeling agency claims they read and consider this guys comments when hiring models, it's a bogus claim.


That's nice but the legal standard is not that strict.

Unless NYC is different, dunno.



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#30 Aug 19 2009 at 12:23 PM Rating: Decent
gbaji wrote:
The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements.


How so? How is that harmful at all?
#31 Aug 19 2009 at 12:26 PM Rating: Excellent
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Belkira the Tulip wrote:
gbaji wrote:
The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements.


How so? How is that harmful at all?



Probably a ******** of angry women who'd like a word with him. Smiley: laugh

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#32 Aug 19 2009 at 12:29 PM Rating: Good
Samira wrote:
Not only that but she was called out as the worst of the worst, and as a statement of fact (no "IMO" equivalent in that sentence).


When did the world lose the ability to detect implicit opinions?
#33 Aug 19 2009 at 12:32 PM Rating: Excellent
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Dunno that it has. I would certainly assume it was his opinion, being a blog and all. But then I'm not the one he called the worst ***** in New York.

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#34 Aug 19 2009 at 12:47 PM Rating: Excellent
Belkira the Tulip wrote:
gbaji wrote:
The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements.


How so? How is that harmful at all?


Anonymity empowers a voice that may otherwise be kept silent. Disregarding the nature of this one particular voice, the precedent set here is dangerous. It basically says that no one can express their mind behind a anonymous veil of safety without the potential for court mandated identification. In this case, the harm is probably close to nil, but I shudder to think about future cases.

That's just my Smiley: twocents
#35 Aug 19 2009 at 12:51 PM Rating: Decent
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The Great BrownDuck wrote:
Belkira the Tulip wrote:
gbaji wrote:
The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements.


How so? How is that harmful at all?


Anonymity empowers a voice that may otherwise be kept silent. Disregarding the nature of this one particular voice, the precedent set here is dangerous. It basically says that no one can express their mind behind a anonymous veil of safety without the potential for court mandated identification. In this case, the harm is probably close to nil, but I shudder to think about future cases.

That's just my Smiley: twocents


Meh, I see it a bit differently. When I think of "empowering a voice that may otherwise be kept silent," I think of whistleblowers. But there are already laws to protect them from retaliation. The internet (or at least the site in question) is a public forum. People need to smarten up.

I do agree it's a little shudderific to think about losing our internet masks, but hey, it's the internet. You already can get in trouble for making threats online. This is just an expansion of that.
#36 Aug 19 2009 at 1:06 PM Rating: Default
The Great BrownDuck wrote:
Belkira the Tulip wrote:
gbaji wrote:
The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements.


How so? How is that harmful at all?


Anonymity empowers a voice that may otherwise be kept silent. Disregarding the nature of this one particular voice, the precedent set here is dangerous. It basically says that no one can express their mind behind a anonymous veil of safety without the potential for court mandated identification. In this case, the harm is probably close to nil, but I shudder to think about future cases.

That's just my Smiley: twocents


I fail to see how that's really harmful, honestly.
#37 Aug 19 2009 at 1:08 PM Rating: Good
Samira wrote:
Kavekk wrote:
When the consequences are legal, it does infringe on free speech.


Then he should learn to express opinion as opinion instead of presenting them as fact, when they have a likely impact on another person's livelihood or well-being.


The road to Warsaw, perhaps.
#38 Aug 19 2009 at 1:08 PM Rating: Decent
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If you read his comments he says and I quote "I would have to say" that right there is an opinion which IMO makes the lawsuit and all the arguments for her moot. seriously if she was walking down the street and I made the same comment it's still just an opinion, get over it.

And I had to look her up as I didn't know her and really unless the blogger knows her and her private background he's just talking crap. the whole freedom of speech aspect bothers me quite a bit but maybe something does need to be done to get some accountability I'm just not convinced that this is the right case for it.
#39REDACTED, Posted: Aug 19 2009 at 1:12 PM, Rating: Sub-Default, (Expand Post) Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations. Which is exactly the situation here. That can't happen if you cower behind the cloak of anonymity. Again (and again, and again, since I've said it numerous times here) OWN. YOUR. WORDS. Honestly, I don't see why that's such a difficult concept.
#40 Aug 19 2009 at 1:12 PM Rating: Excellent
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Well, that's why we have courts.






















This comment brought to you by Banal Input, Inc.
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#41 Aug 19 2009 at 1:15 PM Rating: Excellent
Ambrya wrote:
Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations.


Crock. Of. ****.

What the blogger said about the model is no different than me proclaiming Seth Rogen is a bad actor. It's one man's opinion above all else.
#42 Aug 19 2009 at 1:19 PM Rating: Default
The Great BrownDuck wrote:
Ambrya wrote:
Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations.


Crock. Of. sh*t.

What the blogger said about the model is no different than me proclaiming Seth Rogen is a bad actor. It's one man's opinion above all else.


That analogy doesn't exactly hold. If he is saying that she is 40 years old and she isn't, that could very, very easily start a rumor that could impact the amount of work she could get as a model.
#43 Aug 19 2009 at 1:26 PM Rating: Decent
Belkira the Tulip wrote:
The Great BrownDuck wrote:
Ambrya wrote:
Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations.


Crock. Of. sh*t.

What the blogger said about the model is no different than me proclaiming Seth Rogen is a bad actor. It's one man's opinion above all else.


That analogy doesn't exactly hold. If he is saying that she is 40 years old and she isn't, that could very, very easily start a rumor that could impact the amount of work she could get as a model.


We he did say "40 something" which makes it pretty clear he had no clue what her real age was, but I see what you're sayin. I was more focusing on the "*****" comment than the age factor.
#44 Aug 19 2009 at 1:28 PM Rating: Decent
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The Great BrownDuck wrote:
Ambrya wrote:
Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations.


Crock. Of. sh*t.

What the blogger said about the model is no different than me proclaiming Seth Rogen is a bad actor. It's one man's opinion above all else.


If you have the widespread readership to put you in a position where your "opinions" become considered a voice of knowledgeable authority, then they carry the same weight as fact as far as their ability to impact a person's livelihood. Brownduck calling an actor bad here on a gaming forum has little weight. However, if you were, say, Roger Ebert and said it on your blog, it carries a lot more weight, weight which could potentially impact the actor's marketability.

This is precisely why the smart critics like Ebert keep their opinions firmly within the realm of "was the film good?" "was the screenplay weak?" and "was it a good performance?" rather than "the director sucks" "the screenplay writer is a hack" and "the actor is terribad."

Seeing the difference? Had the blogger in question said, "she looked ****** in that magazine spread" it would have been an entirely different ballgame than calling her, personally, a 40-something *****.



Edited, Aug 19th 2009 2:30pm by Ambrya
#45 Aug 19 2009 at 1:37 PM Rating: Excellent
Ambrya wrote:
If you have the widespread readership to put you in a position where your "opinions" become considered a voice of knowledgeable authority


Here's the thing though. Who's going to give some internet jerk with a horrible blog any benefit of the doubt where "knowledgeable authority" is concerned? I have zero experience in the modeling business, but I highly doubt this particular blog held any legitimate position of power in the business. Has anyone here ever even heard of the "****** in NYC" blog until now? Anyone you know? Anyone they know?

The reality more likely to be that it was a simple lone blogger and the woman merely has thin skin.
#46 Aug 19 2009 at 1:38 PM Rating: Default
I really don't see what the problem of revealing who the blogger is.

To those of you that think the blogger is in the wrong, then he should be held accountable for his actions.
To those of you who think the blogger did nothing wrong, then why are you worried about him being revealed and put on a trial that will fail as he did no wrong?

You are responsible for the consequences of your own actions and words. That's what grandma used to say, and it still holds true.



Quote:
Here's the thing though. Who's going to give some internet jerk with a horrible blog any benefit of the doubt where "knowledgeable authority" is concerned? I have zero experience in the modeling business, but I highly doubt this particular blog held any legitimate position of power in the business. Has anyone here ever even heard of the "****** in NYC" blog until now? Anyone you know? Anyone they know?

The reality more likely to be that it was a simple lone blogger and the woman merely has thin skin.



That is not the point. It doesn't matter where he posts his insults. As long as it is open to the public, then the victim has a right to pursue a lawsuit, whether she is going to win or not doesn't matter.

Edited, Aug 19th 2009 5:41pm by McGame
#47 Aug 19 2009 at 1:40 PM Rating: Excellent
McGame wrote:
why are you worried about him being revealed and put on a trial that will fail as he did no wrong?


I really couldn't care less about the blogger in question, but I do reject your attempt to imply that I have any reasonable amount of faith in our judicial system.
#48 Aug 19 2009 at 1:40 PM Rating: Decent
The Great BrownDuck wrote:
Belkira the Tulip wrote:
The Great BrownDuck wrote:
Ambrya wrote:
Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations.


Crock. Of. sh*t.

What the blogger said about the model is no different than me proclaiming Seth Rogen is a bad actor. It's one man's opinion above all else.


That analogy doesn't exactly hold. If he is saying that she is 40 years old and she isn't, that could very, very easily start a rumor that could impact the amount of work she could get as a model.


We he did say "40 something" which makes it pretty clear he had no clue what her real age was, but I see what you're sayin. I was more focusing on the "*****" comment than the age factor.


I can only imagine that the law suit would be based on that more than anything. But then, models aren't known for their brains*. Also, for what it's worth, I'm sure the law suit will get tossed.

*Statement of opinion, not to be taken as fact.
#49 Aug 19 2009 at 1:50 PM Rating: Excellent
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Belkira the Tulip wrote:
gbaji wrote:
The harm caused by forcing an anonymous poster to be revealed is vastly greater than that caused by said anonymous posters statements.


How so? How is that harmful at all?


It represents an incredible chilling effect on free speech. The issue is complex, and hails back to a running debate about the degree to which content on the internet is like speech or like publishing. In most cases, the law has viewed content placed on the internet by the owner of a site as "published" content, and therefore subject to the same restrictions as content in a magazine or on TV, while content placed by visitors or anonymous posters is viewed as "speech". The burden for speech to come under legal scrutiny is much much higher. For example, if you are sitting in a bar and say that someone is a *****, that's protected speech. You can't be sued for that. You're expressing an opinion. No matter how offensive. Obviously, the owner can ask you to leave if he doesn't like what you're saying, but normally a third party can't sue you for what you say as long as it isn't directly disruptive to them. Someone who wasn't there, but whom the speech is about typically cannot sue for said content.


This ruling changes that. It represents a complete switch in how posted content on the internet is treated and is therefor very very relevant to the issue of free speech as a whole. As more of our conversation occurs on the internet instead of in pubs or other traditional gathering places, this represents a net loss of our freedoms.


If the owner of said site encouraged, or agreed, or repeated said statements, the model could presumably sue that owner. But she should not be able to sue an anonymous poster, much less require that his identity be revealed.
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#50 Aug 19 2009 at 1:57 PM Rating: Default
Quote:
It represents an incredible chilling effect on free speech. The issue is complex, and hails back to a running debate about the degree to which content on the internet is like speech or like publishing. In most cases, the law has viewed content placed on the internet by the owner of a site as "published" content, and therefore subject to the same restrictions as content in a magazine or on TV, while content placed by visitors or anonymous posters is viewed as "speech". The burden for speech to come under legal scrutiny is much much higher. For example, if you are sitting in a bar and say that someone is a *****, that's protected speech. You can't be sued for that. You're expressing an opinion. No matter how offensive. Obviously, the owner can ask you to leave if he doesn't like what you're saying, but normally a third party can't sue you for what you say as long as it isn't directly disruptive to them. Someone who wasn't there, but whom the speech is about typically cannot sue for said content.


This ruling changes that. It represents a complete switch in how posted content on the internet is treated and is therefor very very relevant to the issue of free speech as a whole. As more of our conversation occurs on the internet instead of in pubs or other traditional gathering places, this represents a net loss of our freedoms.


If the owner of said site encouraged, or agreed, or repeated said statements, the model could presumably sue that owner. But she should not be able to sue an anonymous poster, much less require that his identity be revealed.




Your bar analogy is not accurate. In that situation he is only talking to the barman, and that's it. It is more comparable to a guy emailing another guy that the model is a *****.
However, the blogger posted in a public forum, visited by hundreds if not thousands. The scale of defamation is incomparable. If he is allowed to insult another in 'public'(as far as internet goes), then the victim should be allowed to defend against it, in 'public'.
#51 Aug 19 2009 at 1:58 PM Rating: Decent
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The Great BrownDuck wrote:
Belkira the Tulip wrote:
The Great BrownDuck wrote:
Ambrya wrote:
Easy. If you knowingly make a false statement about a person that can impact that person's livelihood, then that person has the ability to seek monetary reparations.


Crock. Of. sh*t.

What the blogger said about the model is no different than me proclaiming Seth Rogen is a bad actor. It's one man's opinion above all else.


That analogy doesn't exactly hold. If he is saying that she is 40 years old and she isn't, that could very, very easily start a rumor that could impact the amount of work she could get as a model.


We he did say "40 something" which makes it pretty clear he had no clue what her real age was, but I see what you're sayin. I was more focusing on the "*****" comment than the age factor.


Like I stated earlier, models lie about their age - you have to. It may be someone familiar with the business or her (pissed off photographer? I've seen that happen. One who dated an acquaintance for a short time; he was obsessed and she got bored. He ended up taking the photos he shot of her and creating a myspace, pretending to be her but a more pornographic version. for whatever reason he took it down after a few years)

I just wonder, if she does sue them, won't she have to prove that she isn't promiscuous and that she isn't 40. Right now, it's just her word that she is 36 but like I said, it's normal if not encouraged to lie about your age in modeling. Clients are peckerheads about the stupidist things but if thats how you pay your bills, you conform.
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