Some thoughts on blogging and copyright, trademark, cyberstalking and more

Remember back in December when a person accused me of heinous behavior, including cyberstalking? (http://lizditz.typepad.com/i_speak_of_dreams/2011/12/a-note-about-accusations-that-i-have-been-cyberstalking-bullying-harassing-.html).

Todd W. at Harpocrates Speaks used the experience to write a Public Service Announcement (PSA): http://silencedbyageofautism.blogspot.com/2011/12/how-not-to-make-fool-of-yourself-on.html 

The same person (who is an attorney) shot Todd a letter demanding that he remove the PSA post. After some thought, Todd has responded:

Her primary claims as to why I should pull the post were: copyright violations, trademark violations, cyberstalking, violation of her right of publicity, and defamation. Some of these claims we've heard before, most recently in the uproar over the Burzynski Clinic and the actions of one Marc Stephens in attempting to bully bloggers like Rhys Morgan and Andy Lewis into silence with similar legal threats. In fact, on the internet, one of the quickest response to any substantive criticism seems to be threatening the critic with a defamation suit.

At any rate, what finally convinced me to write up this post is that my experience could serve as a good educational example for would-be plaintiffs (i.e., another "what not to do" list) and defendants. So let's take a look at the specific claims made in the e-mail I received, whether there is validity to the claims and how to respond. Before we proceed, however, I want to make clear a few things. 1) I am not a lawyer. I do not present myself as a lawyer, and nothing I write here should be construed as legal advice. If you want legal advice, find a lawyer. 2) I emphatically do not condone anyone addressing this individual directly through e-mails, phone calls or any other means for the purposes of harassment. Public comments are welcome, but I ask my readers not to post any threatening comments toward this person. The point of this post is to discuss the legal issues raised in the e-mail.

Frankly, the whole December episode was pretty upsetting. I was then, and remain grateful now, to Todd for his support. Todd's post today will be helpful in the future.

Comments

[autismarmymom]

I felt that all of her bluster was just empty threats...and obviously so. I'm guessing that no FBI agents showed up at your door. It just pisses me off more because she's just trying to scare you into silence. God forbid anyone should be called to account for the stupid things they say.

[BJ]

I posted a blog warning my friends and others about the perils of internet dating. i met a woman online and as it turns out she is an escort(prostitute). I had amny friends ask me what happened so I wrote about my experience and posted the links to her escorting websites in my blog. All these are in the public domain under an alias of course. I never mentioned her name...never identified myself. I also included a link which i found helpful to a blog on sociopaths as her ability to look me, her family and others in the eye and lie with impunity was amazing.

Is the fact that I posted links to her public (posted by her) websites illegal or considered cyber bullying. I ran into her one day and she told me her pictures had been stolen and she had lwyaers and law enforcement working to take them down.

I did write her back when I realized she was still posted which confirmed to me she was "in the business."

Without mentioning her name or mine was posting my story and links to her sites illegal in any way.

She found the website and accused me of stalking? And then had supposedly other girls listed on the parent site start blowing up my phone threatening legal action. I am confused and do not think I crossed any lines, but maybe with this whole internet thing I did.