p2pnet.net libel case
p2p news / p2pnet: On this libel lawsuit, I’m not being coy by keeping my mouth shut. As I just told Tim Richardson over at The Register:
While I search for someone to act for me (ie, pro bono publico), I can say this: I’m being sued principally as a publisher, not for something I wrote.
This represents online freedom of speech in its purest sense and my natural inclination is to go into detail in public.
But this isn’t about what’s right or wrong. It’s about the law, and that’s a very different bag. Handsomely paid lawyer’s pleading against handsomely paid lawyers to other handsomely paid lawyers. The defendants and/or plaintiffs are almost incidental.
And at this point, I’m getting nowhere with finding legal help here in Canada.
In the meanwhile, I’ll be doing posts as and when I can, in between trying to find a way to deal with this, or have it dealt with, in a fair and reasonable way.
This is David and Goliath all over again and funnily enough, I just had a call from Patti Santangelo. We were comparing notes and the way it’s going, I may soon have to try and start a defence fund for myself.
So if there are any rich people out there who’d be interested in giving me a hand …….
In other words, there’s no a gag order – I’m silent because I haven’t been able to take any action on my own behalf yet.
And the case is hugely ironic, as you’ll discover when some of the details emerge.
And be sure of this – If I lose it’ll set precident, in Canada at least, and online freedom of speech will become a genuine travesty.
Finally, I’m getting a little tired of the nasty emails, etc. Leave it out, OK? You guys aren’t doing anyone any good by slinging mud. We need to be in lock-step, not dancing separate, pointless jigs.
Cheers! And definitely stay tuned.
Jon
(And not at all incidentally, thanks for all the good wish emails ……)
May 15th, 2006 at 7:42 pm
“I’m being sued principally as a publisher, not for something I wrote.”
What exactly does that mean?
May 15th, 2006 at 8:08 pm
Hey Jon, I must have been drowned out in the storm of other email’s but I’m currently talking with an attorney for you – trying to get a solid referral for you in Canada. I’ll follow up if/when I get a good one for you.
Take care.
_-Jile-_
May 15th, 2006 at 8:13 pm
Thanks, _-Jile-_, much appreciated
May 15th, 2006 at 9:13 pm
Man this literally sucks… being sued for being honest, and keeping us all up to date in your spare time. Another example of some big wigs who want to make yet more money to spedn on their fancy houses and posh cars..
If this goes to court and you need a defence fund, I’m right behind you Jon, as I hope many thousands of others will be in supporting you mentally and financially. You’ve given so much to the online internet news community, and there’s no way we could all turn our backs now.
Good luck, and I’m sure many will agree with me, we’ll be here with you all the way!
huds601
May 15th, 2006 at 9:17 pm
http://www.slyck.com/news.php?story=1186
May 15th, 2006 at 9:25 pm
Um, I’m thinking it may mean it’s something one of US wrote. Just guessin’
May 15th, 2006 at 9:35 pm
That does indeed come into it.
May 15th, 2006 at 9:59 pm
Heh, who is to blame for ‘publishing a comment’? Is it Jon? or is it the content management system itself that allowed the comment to be posted without regarding a someones ‘feelings’.
Jon, I understand this is trying, but it’s not the end of the world. You’ll be fine and do the best that you can to properly navigate it.
Best of Luck.
May 16th, 2006 at 12:49 am
I’d be more than happy to contribute to a defence fund for you – I have gained so much from this website and rely on it heavily to give me the news that no-one else can/will. We’re with you all the way Jon.
May 16th, 2006 at 1:39 am
sh*t hope it wasnt something I wrote …..
May 16th, 2006 at 2:44 am
heh – it wouldn’t make a difference if it was : )
Cheers!
May 16th, 2006 at 3:00 am
A defense fund had started. I am placing a donation button on my site edonkey-it.com to start. The money then will be given to jon for his bills.
///infinity
May 16th, 2006 at 4:42 am
Or at least point Jon in the right direction for someone who can, and he’s Canadian too.
Worth a phone call?
His contact details are at
http://michaelgeist.ca/index.php?option=com_content&task=view&id=767&Itemid=131
May 16th, 2006 at 7:35 am
Surely Jon if you are being sued about a post one of you readers made is that there is no form of registration system on the site which leaves the site open for anyone to say anything, and i would have thought this would have a major bearing on the case maybe you should offer to negociate with whichever as*hole is suing you outside of court and put in place a registration system like most sites have because of this problem? or you could argue that you have no control over what people write as you believe in freedom of speech etcetc
just an idea…
May 16th, 2006 at 12:52 pm
I know you will win this case.We don’t live in soviet union.the beauty of North America is freedom of thought,speech and this is defended in canadian constitution.if they try to nail you than they can take their constitution with them,it becomes meaningless.
May 16th, 2006 at 1:18 pm
We all know that freedom of speech, if it really ever existed, is by all means almost dead as a result fear of saying what one thinks and the corollary disuse.
But is freedom of the press dead too? Well, it was really moribund, but this lawsuit against P2PNET may be a final killer. After all, p2pnet is plainly just another press outlet, albeit an excellent one.
If the press (Internet, paper, radio, etc) is really concerned about their freedom they will pick up this story as an example of the threat to their limited freedom.
/////////////////////////////////////////////////////////
Constitutional Law of Canada
Freedom of Expression in Canada
http://www.constitutional-law.net/expression.html
Section 2(b) of the Charter states that “Everyone has the following fundamental freedoms: … freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.”
/////////////////////////////////////////////////////////
RV
Rafael Venegas
http://www.gvenegas.com
May 16th, 2006 at 1:48 pm
No one here, except Jon, knows the details of this lawsuit. So it’s really impossible for you to make a unilateral judgment based on information you don’t have.
Let’s see the details of this case before we jump to conclusions.
May 16th, 2006 at 2:43 pm
“Let’s see the details of this case before we jump to conclusions.”
I beleive it has been stated here that the lawsuit is to P2PNET as a publisher, for what it published that was written by a poster or contributor, that is allegedly difamatory.
If the above is true, the lawsuit is a direct attack on feedom of the press. Ditto if it is not true. As a lawyer would say, it is immaterial why the lawsuit was filed and by whom. The purpose of the lwasuit is clear already.
We know there are many that are threatenned by the new press called Internet and will do anything to destroy it. Of course this new press is also a threat to the old model businesses that do not want their cash cows eliminated by new technology.
So until we know more facts, I agree, we do not know where the attack comes from. Regardless, it is an attack on freedom of speech and freedom of the press.
Rafael Venegas
http://www.gvenegas.com
May 16th, 2006 at 3:40 pm
Im not willing to accept that it is an attack on freedom of the press until I know more information – that’s all I’m saying.
You might end up being 100% right, and if you are then Jon has my support. But I am not the type of person to jump to any conclusion until I have all the fact in front of me.
For all we know the complaining party may have a valid argument. We just dont know.
May 16th, 2006 at 5:32 pm
“For all we know the complaining party may have a valid argument.”
Fingers crossed, are they?
May 17th, 2006 at 3:52 am
I’m very glad P2Pnet readers are able to make anonymous postings here in order to state exactly how they feel, without fear of oppression or repercussion. Anonymity is fundamental to free speech when you get right down to it. Whether what is said may turn out to be libel or break some other law is totally irrelevant. True freedom of speech is far more important than some idiotic law like libel. So, thanks to Jon and my implicit right as a Canadian to say what ever the hell I want, I would like to officially say to the people sending their empty threats to Jon in order to cause all this idiotic commotion that you’re all clearly a bunch of morons. Truly. You’re not going to win as you don’t have a leg to stand on. That much is painfully clear to everyone, not only at this site, but at all the other P2P news sites as well. News of the going ons here has spread like wild fire, and it’s clear to everyone out there that free speech will always win in the end, and the corporations will crumble. So give it up already and go away. None of us give a rats ass about whether you feel you’ve been wronged by some posting here at P2Pnet. Grow up and get a life before you turn your so called libel stunt from fiction into fact and ruin your reputation further. Think about it. Lose this and nobody, not even the court system, will take you seriously ever again. No one will be interested in the site you use to peddle your wares anymore, nor your product ever again. In the end you will have only hurt yourself far more than some random Joe’s opinion could ever have, and there will be no bouncing back from that. That is the price you will have to pay for picking on the little guy and for stomping on all of our sovereign rights as human beings.
/me flips you the bird.
Sincerely,
Righteous Anonymous Bastard
May 17th, 2006 at 4:23 am
” In the end you will have only hurt yourself far more than some random Joe’s opinion could ever have, ”
Eventually word will get out who is doing the suing. Nothing stays secret on the internet for very long. That will be a very interesting time.
May 17th, 2006 at 12:24 pm
As a loyal, although anonymous, reader of p2p for a year or so now, I just wanted to say that my thoughts are with you. I look forward to hearing of good news and your ultimate triumph over whatever ‘evil’ forces are now allying against you.
May 17th, 2006 at 1:24 pm
Without knowing the details of the case a lot of this is just speculation, how about letting us all know some details surely the more that know about who is suing you the better which would give everyone a chance to come up with ammunition which may help you in fighting this?
May 18th, 2006 at 1:03 am
http://www.slyck.com/news.php?story=1186
http://www.p2p-blog.com/index.php
http://www.p2punite.org/
be careful what you post after you read these……