Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Wednesday, August 19, 2009

Model wins court battle with cyberbully blogger


Wikipedia defines cyberbullying as "the use of information or communication technologies to support deliberate, repeated and hostile behavior by an individual or group that is intended to harm others."

I'm sorry to say that
I learned about online bullying when I became the target of cyberbullies--cowards
who hide behind computer screens because were they to behave that way in person, they would get beat up.

These bullies are the most mean-spirited people I've ever met. Call me naive, but besides rapists, child abusers, killers and thieves, I didn't know people this spiteful existed among us.

I think most cyberbullies are unhappy, childish, bitter people prone to emotional and mental disorders who are so chronically bored with their lives that they make up new ones online assuming they can do anything there without consequence.

Encouraged by this perceived anonymity, they freely unleash their catty nature against anyone who disagrees with or confronts them. And once they identify a target, they don't stop until they eliminate it. Obsessive is an understatement.

It seems to me that cyberbullying serves as a new age coping mechanism for individuals facing self-hatred and insecurities. In their cyber world, they get to be powerful...or so they think.

Cyberbullies push, shove and attack expecting to win because in a battle of online posts, those lacking integrity and honesty--that is, scumbags--are willing to go low enough to defame anyone they don't like or find intimidating.

I have no doubt that we're dealing with emotionally disturbed or mentally ill people who rather than seeking help from therapists or psychiatrist spend their days stalking and harassing their targets to the point of breaking the law by committing libel.

Luckily, this country is full of lawyers and other resources to fight back. Unlike Cohen (story below), I knew the identity of each one of my cyberbullies, yet I stopped short of filing a suit because in the end I decided these miserable characters were already being punished enough by their miserable selves.

Following is model Liskula Cohen's experience with a cyberbully.


By Rich McHugh and Noel Hartman
ABC News


She had graced the cover of Vogue and found success as a model. But Liskula Cohen's latest achievement came in the courtroom.

Horrified by the hateful words of an anonymous blogger, Cohen (left) took Google to court in hopes of forcing the company to reveal the writer's identity -- and won.

"Why should anybody let it go? If somebody attacks somebody on the street, you're not going to let it go … why should I just ignore it?" Cohen told "Good Morning America" exclusively today. "I couldn't find one reason to ignore it."

That's a very good point.

Google initially refused to unmask the unidentified writer, who Cohen, 36, claimed defamed her by posting words like "skanky," "ho", and "whoring" below her photographs. The IP address turned over by Google revealed that the blogger was an acquaintance of Cohen's.

Cohen said it was a woman she hadn't seen in about a year, but who was a regular fixture at dinners and parties, but she was not, as Cohen had feared, someone who was close to her.

"Thank God it was her… she's an irrelevant person in my life," Cohen said. "She's just somebody that, whenever I would go out to a restaurant, to a party in New York City … she was just that girl that was always there."

In August 2008, the unnamed blogger wrote five different posts entitled "Skanks of NYC" on the Google-owned website Blogger.com.

There were two photographs posted on the blog that show Cohen and an unidentified man in sexually suggestive positions. The captions below described her as the "Skankiest in NYC" and a "psychotic, lying, whoring ... skank."

One post read "desperation seeps from her soul, if she even has one."

The blog was eventually taken down even though Google continued to refuse Cohen the IP address until the court ruled in her favor.

Cohen, who described herself as a "serial monogamist" and has a "zero tolerance drug policy," said the words were defamatory and harmful to her career. Prospective clients would question her about the blog and what she was doing in the photos, she says.

"Finding new clients this year has not been a walk in the park," she said. "I've worked very long in this industry."

Cohen and her lawyer, Steven Wagner, said they are now planning a defamation suit against the blogger.

"We're not in it to make money," Wagner told "Good Morning America." "We're in it because something was done that was wrong."

In siding with Cohen, Justice Joan Madden of the New York State Supreme Court rejected the blogger's argument that "blogs serve as a modern day forum for conveying personal opinions, including invective and ranting, and that the statements in this action when considered in that context, cannot be reasonably understood as factual assertions."

Cohen found out the identity of the blogger, whose name has not been made public, on Tuesday and immediately called her.

Cohen says she started out by apologizing to the woman for anything she may have done to earn her ire.

But she says the blogger told her that she didn't know what she was talking about and said the two women should not speak to each other except in the presence of their attorneys.

Cohen said she has chosen to forgive the woman who wrote the nasty words even though she says the blogger has yet to apologize.

"I have pretty solid friendships, and I trust my friends," she said. "I don't know what I would have done if it had been somebody that I valued as a friend."

Wagner said he hoped his client's triumph in court will show others that anonymity on the Internet isn't what it used to be.

"I don't know if it will change the Internet," he said. "It will change the way some people will act on the Internet."

Source: ABC News
Copyright © 2009, Primetime Oracle
All Rights Reserved

Friday, July 31, 2009

Music downloader ordered to pay $675K

This has got to suck.

A graduate student from Providence, R.I., who illegally downloaded and distributed 30 songs six years ago has been ordered to pay $675,000 in damages to four record labels.

For 30 songs he shared with friends. Ouch!

When Joel Tenenbaum faced trial
for copyright infringement, he tried to settle the case for $5,000, but the offer was rejected and a Boston jury hit him with the hefty fine.

The 25-year-old Boston University graduate student is the second American to be taken to trial for illegally downloading music.

Tenenbaum reportedly has said he's grateful he wasn't ordered to pay millions of dollars but will have to file for bankruptcy if the verdict stands. He plans to appeal because he was not allowed to ague the case based on fair use.

During the trial, Tim Reynolds, a lawyer for the recording labels, called Tenenbaum "a hardcore, habitual, long-term infringer who knew what he was doing was wrong."

Tenenbaum (right)--who was described as "a hardcore, habitual, long-term infringer who knew what he was going was wrong" by a lawyer for the record labels--admitted he downloaded and shared songs by rock groups Green Day, Nirvana, and The Smashing Pumpkins, among others.

More than 30,000 people have settled similar cases for amounts ranging from $3,000 to $12,000, ABC News reported.

In 2007, Jammie Thomas-Rasset of Minnesota was the first person to be sued by record companies seeking damages for the illegal download and sharing of music files. She was ordered to pay $1.92 million to the labels, but her attorney says she doesn't have the money to for the damages and is asking for a new trial, according to the report.

I get it. The record companies have to make money--not good money, BIG money. But given the nearly endless opportunities the Internet offers music lovers, the labels are fighting a losing battle, if you ask me.

Source: ABC News
Copyright © 2009, Primetime Oracle
All Rights Reserved

Tuesday, June 16, 2009

Carrie Prejean's lawyer: 'She was wet up'

Dethroned pageant queen Carrie Prejean isn't finished playing the blame game.

Nooo way! Really?

As foreseen, Carrie's lawyer, Charles LiMandri, is going on the offensive against state pageant organization and director Keith Lewis, claiming Lewis plotted the downfall of the former Miss California by knowingly sending her lists of events and opportunities that were beyond the typical expected duties.

"There was really a lack for trust and a lack of respect," LiMandri told E! News. "He was trying to set her up. Keith Lewis and Shanna Moakler wanted her out, pure and simple. They finally found a way to get their way."

At the time of firing Carrie, Lewis said she skipped more than 30 appearances and that her inability to live up to the terms of her contract was the reason she was fired.

He said the Playboy spread was part of the setup.

"She had just gotten a request to do a Playboy shoot with partial nudity—this was several days after [Donald] Trump reinstated her," LiMandri said. "[Lewis] knew she wouldn't do that stuff, and he was trying to set her up, saying, 'You can pick your photographer. You can pick the photos.' And then he'd be able to fire her for sure."

LiMandri also claims Lewis sent Prejean a list of Hollywood events recommending that she try to attend some, though her presence was never requested by the event organizers.

"Some of the things were such short notice, like that day or the next day, that they couldn't expect her to do it anyhow," he said. "When I read through the list with her, she said there was a lot of stuff she would like to go to, but it's not 'Miss California' stuff."

Stuff?

During her various TV interviews last week, Carrie declared she wasn't just "Miss Hollywood."

"What we expected her to be doing…it's community service events, it's charitable organizations, rotary conventions, avocado festivals, fairs," LiMandri said. "When she got the Hollywood list she said 'OK, but what about from Sacramento to San Diego?' "

Miss California USA Pageant executive directors Keith Lewis (left) and Shanna Moakler (right) held a Miss California USA Pageant press conference on May 11 during which they criticized Prejean for having appeared semi-nude on pictures prior to pageant and for making public appearances with groups opposed to same-sex marriage. (Photo by Amanda Edwards/Getty Images)

One specific event Prejean rejected was in blatant opposition to her politics: a movie premiere about same-sex marriage.

"[Lewis] wanted her to go to the debut of a docudrama supporting same-sex marriage," the attorney said. "The people [who] produced it were going to be there explaining their journey as gay men toward same-sex marriage. She said, 'I'm just not comfortable doing that.' I wrote back to [Lewis'] attorney saying, 'She won't do the pro-traditional marriage stuff as Miss California. But don't ask her to do the pro-same-sex marriage stuff either.'"

More stuff?

LiMandri insisted that if Lewis and the Miss California organization do not stop speaking ill of Prejean, he will have no choice but to file a lawsuit against them.

Did or didn't we see this coming?

What exactly does "stop speaking ill" mean in this case? She was fired, end of story. No more speaking needed. This is BS...the lawsuit is coming whether people keep talking or not.

"We think she's got a great case," he said. "She just has to weigh her other options and see if that's what she wants to be doing for the next couple years—being involved in litigation—as opposed to taking advantage of these other offers or opportunities that are presenting themselves to her...At the same time, she doesn't feel that she can just stand by and let herself be continually defamed by Keith Lewis, saying things that are not true."

LiMandri suggested a tell-all book about her time as Miss California may be one of those current opportunities.

How original.

For additional background information on this story see Trump to Miss California: You're fired! published on June 10 and Um...girl, shut up already!...no wonder you lost posted on June 13.

Sources: E! News, My Twisted Mind
Copyright © 2009

Monday, June 1, 2009

Man sodomized by cops sues NYC for $220-mil

A New York City man who says police beat and sodomized him on a subway station platform has sued the city, the police department and the accused officers for $220 million for civil rights violations, Reuters reported.

And do you know why the cops went after him? He was smoking a joint.

Michael Mineo in the hospital after the attack (Photo by G.N. Miller)

Detective Richard Kern is charged with aggravated sexual assault and other charges and faces up to 25 years in prison. Andrew Morales and Alex Cruz are charged with participating in an attempted cover up, which included writing a summons for the victim. If convicted, each faces up to four years in prison, Reuters reported.

According to prosecutors, police officers Richard Kern and Andrew Morales observed Michael Mineo, who works at a tattoo parlor, smoking a marijuana cigarette as they sat in an unmarked police car in the early afternoon on Oct 15 near Brooklyn's Prospect Park. Another officer, Alex Cruz, arrived to provide backup, and Kern and Cruz followed Mineo into a subway station where Kern anally assaulted Mineo with a retractable baton, prosecutors said.

That's what each of them deserve and will likely get when they go to prison...IF convicted, and we know cops are rarely found guilty cuz they're above the law.

The three police officers pleaded innocent in December to criminal charges that one sodomized Mineo and the others helped cover up the crime.

"When you distill it, it was a male on male rape," Kevin Mosley, a lawyer for Mineo, said on Thursday according to the report.

"The amount of damages, which is the aggregate of the 11 counts, is reflective of the wrong and the suffering that this young man went through and will go through for the rest of his life," he said.

The criminal case is due to move forward in state court in Brooklyn in June, Reuters reported.

The incident sparked charges of police brutality and recalls the 1997 case of Abner Louima, a Haitian immigrant who was attacked with a broomstick in a Brooklyn police station. One New York City police officer was sentenced to 30 years in prison for his role in the attack, and a second officer was given a five-year prison sentence for perjury, Reuters reported.

Source: Reuters
Copyright © 2009