Wednesday, February 9, 2011

Defamation Lawyer: Traverse Internet Law on Defamation. December 2010.

Defamation Lawyer Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


ART OF LIVING FOUNDATION v. DOES 1-10
NORTHERN DISTRICT OF CALIFORNIA (OAKLAND)
4:10-CV-05022
FILED: 11/9/2010

This is a John Doe lawsuit because the Plaintiff is not sure who is publishing the defamatory statements or controlling the attack blogs. The Plaintiff will subpoena the records from the webhost or website owner, get the IP address from the log files, issue a subpoena for the Internet service provider to identify who was using the IP address at the times specified, and determine the identity of the posters. Anonymity is not necessarily what you might think it is because most often tracking anonymous comments to the identity of the actual author is not difficult.
The Art of Living Foundation is an International educational and humanitarian organization based in Bangalore, India. Defendants are disgruntled former student-teachers and students of the Plaintiff who have created two blogs publishing extensive alleged false and defamatory statements.

Causes of action in the lawsuit include copyright infringement, vicarious copyright infringement, contributory copyright infringement, misappropriation of trade secrets, defamation, and trade libel. Plaintiff requests preliminary and permanent injunctive relief, actual damages, treble damages, compensatory damages, costs and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1457.

2 comments:

Tara said...

You state that "This is a John Doe lawsuit because the Plaintiff is not sure who is publishing the defamatory statements or controlling the attack blogs". Can a "John Doe" or "Unknown" Case be filed, when in fact the individuals are known? Would this give more power to the plaintiff to intimidate and harass unknown defendants? I ask because this is currently happening and the Plaintiffs continue to contact the "unknown" defendants and threaten to add them to the suit for not complying with demands.

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