In re John Doe a.k.a "Trooper"

In re John Doe a.k.a "Trooper" (August 29, 2014)


STATUS: Texas court will not out identity of anonymous blogger.


Texas Supreme Court Voids Order to Identify Blogger
Austin American-Statesman
An Ohio company, seeking to sue a sharply critical blogger who wrote under a pseudonym, cannot use the Texas courts to discover the online author's identity.
http://www.statesman.com/news/news/texas-supreme-court-voids-order-to-identify-blogge/nhB7m/


Opinion:
http://www.supreme.courts.state.tx.us/historical/2014/aug/130073.pdf

Cooley Law School v. John Doe 1, et al.

UPDATE 4/16/13

STATUS: Court allows defendant to seek dismissal of claim against him. 

Mich.App.: Cooley Lose Loses Bid to Unmask Online Critic on Appeal
National Law Journal
The decision by the Michigan Court of Appeals was the latest in the saga of the blogger Rockstar05 and his former school-Cooley- which is suing him for defamation.
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202595256890&slreturn=20130316111823

Opinion:
http://www.medialaw.org/images/medialawdaily/cooley.pdf


STATUS: Complaint filed on July 14, 2011

Mich. Cir.: Law School Sues New York Law Firm For Defamation

Wall Street Journal
A Michigan law school filed two lawsuits Thursday – one against a New York law firm and another against four anonymous internet commentators – accusing them of defamation. One lawsuit claims that the school has been the victim of ads on Craigslist and Facebook seeking former Cooley law students to join in on a potential class action suit. The second lawsuit claims that four “John Doe” defendants have been blogging and perpetuating online comments damaging to the school’s reputation.
http://blogs.wsj.com/law/2011/07/15/law-school-sues-new-york-law-firm-for-defamation/?mod=WSJBlog

--Complaint: Thomas M. Cooley Law School v. John Doe 1, et al.
http://www.cooley.edu/newsevents/_docs/2011_07_014_Summons_and_Complaint_startpage.pdf

--Complaint: Thomas M. Cooley Law School v. Kurzon Strauss, LLP
http://www.cooley.edu/newsevents/_docs/2011_07_14_Summons_and_Complaint_startpage.pdf

In re John Does 1 and 2

STATUS: Decided April 15, 2011

Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says

Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php

--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm

Payne v. Unknown Defendants

STATUS: Complaint filed April 11, 2011

Ky. Cir. Ct.: Blogger Sues Blogger for Defamation

United Press International
A Louisville, Ky., political and media blogger asked a judge to force a nameless blogger making allegedly libelous remarks to reveal himself, a lawsuit says. Jacob Payne, who writes the The 'Ville Voice and Page One blogs, claims the Jake Payne Watch blog's only purpose is to "defame, malign and tarnish" Payne's reputation, the lawsuit filed in Kentucky's 23rd Judicial Circuit Court in Jefferson County alleges. Jake Payne Watch alleges Payne plagiarized material, lied about his education and was a "paid shill against fighting Kentucky's meth problem."
http://www.upi.com/Top_News/US/2011/04/14/Blogger-sues-blogger-for-defamation/UPI-61591302818465/#ixzz1JbxxMfAH

--Complaint: Payne v. Unknown Defendants
http://fatlip.leoweekly.com/2011/04/15/local-blogger-files-lawsuit-against-blog/

Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)

STATUS: Complaint filed Feb 3rd, 2011

E.D. Mo.: Engineering Co. Seeks To Unmask Gossip Bloggers

MediaPost News
In the latest case aimed at unmasking Web users, a company that repairs turbine generators is asking a judge to order Google to disclose the identity of the author of a gossip blog. Mechanical Dynamics & Analysis, which has offices in St. Louis, alleges in court papers filed Thursday that the Sound Off blog defames current and former officers and also reveals company secrets. The court papers, filed with the U.S. District Court in the Eastern District of Missouri, seek "pre-case discovery" from Google.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=144388

--Complaint: Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
http://www.scribd.com/doc/48185099/Mechanical-Dynamics-v-Google-Complaint

Smith v. Arden

STATUS: Complaint filed on Dec 2nd, 2010

D.Utah: Motivational Speaker Sues for Defamation, Seeks to Unmask Commentators

MediaPost
A motivational speaker has sued Elizabeth Arden's Complaintsboard.com, blog host WordPress, and the Buffalo, N.Y.-based news site Artvoice for allegedly hosting libelous comments by users.
In a complaint filed Thursday in U.S. District Court in Utah, James Smith, who gives talks about real estate and financial matters, alleges that he was defamed by online comments accusing him of having "extramarital affairs" and asserting that "he and his entities are dishonest, deceitful, untrustworthy, and who fleece investors."
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=140542&nid=121417

--Complaint: Smith v. Arden
http://mlrc.informz.net/z/cjUucD9taT0xMTU4NDAwJnA9MSZ1PTAmbGk9NDgwODA0NA/index.html

Hersh v. Cohen

N.Y. Sup.: Should Anonymous Comments be a Right? 
PC World 
The Electronic Frontier Foundation is fighting in another case to keep anonymous commenting safe from sweeping subpoenas. A New York couple has issued dragnet subpoenas to Google and Yahoo demanding the identities of users behind 10 email accounts, 30 blog operators, website administrators, and the identities of anyone who had ever commented on those sites.
----Electronic Frontier Foundation's Memorandum in Support of the Motion to Quash

In re Anonymous Online Speakers (Quixtar v. Signature Management Team LLC)

9th Cir.: Court: Anonymous Web posts bring limits to commercial free speech 
Las Vegas Sun 
...The court, in an opinion written by Judge M. Margaret McKeown, said "Given the importance of political speech in the history of this country, it is not surprising that courts afford political speech the highest level of protection."  But McKeown, quoting from another court's decision, wrote, "Commercial speech on the other hand, enjoys a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values..."
--- Decision: In re Anonymous Online Speakers (Quixtar v. Signature Management TEAM, LLC)

See also:

Ninth Circuit Weighs In On Internet Anonymity, Consumer Griping At Risk 
Citizen Media Law Project
 The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could be influential for future courts deciding whether to order the identification of anonymous or pseudonymous Internet speakers.
--- Decision: In re: Anonymous Online Speakers

Corbett v. Twitter

Corbett v. Twitter

STATUS: Dropped

Pennsylvania prosecutors sought a grand jury subpoena to Twitter, demanding the identity of two account holders , allegedly because they criticized the state attorney general. They said the identity of the Twitterers mattered if one was a defendant in a political corruption investigation, because it would show the defendant had a bad attitude that should earn him a higher sentence. According toa spokesman, the grand jury subpoena was dropped on May 21, 2010.

The two Twitterers, CasablancaPA and bfBarbie both received an e-mail from Twitter on Tuesday saying the company would respond tot he subpoena in a week 'unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter is otherwise resolved."

Links and court documents
Subpoena (May 6, 2010)
Pennsylvania AG Dropping Twitter Subpoena, Wired, May 21, 2010
Pennsylvania Attorney General Tries to Unmask Twitter Critics, Wired, May 19, 2010

Burfoot v. ___, No. ____ (Va. Cir. Ct. filed Apr. 21, 2010)

STATUS: The court reversed the grant of injunction

The vice mayor of Norfolk brought suit on Apr. 21 to take down a website, May4thcounts.com, alleging that several sections of the website were untrue, as well as 'slanderous and libelous.' Circuit Court Judge Charles E. Poston granted an injunction on Apr. 21, but sua sponte considered the motion and reversed his own decision, noting that freedom of the press and speech are "among the great bulwarks of liberty."

The vice mayor, Anthony Burfoot, has said he will hire a personal lawyer to find out who is behind the anonymous website once the campaign is over.

Links and Documents
- Judge vacates order shutting down anti-Burfoot website, The Virginian-Pilot, Apr. 23, 2010

Apex Tech. Group, Inc. v. John Doe(s) 1-10, No. MID-L-7879-09 (N.J. Super. Ct., filed Dec. 23, 2009)

Status: Pending

A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."

Links and court documents:- Order shutting down websites, filed Dec. 23, 2009

- H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
- Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
- Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
- Determining the Proper Scope of Prior Restraints against Blogs in Defamation Cases, JOLT Digest, May 11, 2010

NAPW, Inc. v. Google, No. ___ (N.Y. Sup. Ct., filed Dec. __, 2009)

Status: Pending
A national women's group, NAPW, and its president sought an injunction as well as damages arising from misappropriation of their names for trade and advertising purposes, as well as defamation. They brought suit against Google and various Doe defendants because four blogs operated by Google services allegedly defamed the plaintiffs. They sought an injunction to order Google to remove and delete the offending posts "pending resolution through trial," as well as to disclose information for the Doe defendants. The four defamatory posts, as listed in the complaint, are:
- http://knol.google.com/k/national-association-of-professional-women-napw-scam
- ed-tech-axis.blogspot.com/2009/01/national-association-of-professional.html
- lopezhome.blogspot.com
- http://womenworksmart.blogspot.com/2008/08/watch-out-for-scams-attacking-new.html

As of January 6, all offending posts were still available.

Links and court documents:
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint

See also:
NAPW, Inc. v. East Cooper Entrepreneurial Women