WSJ BLOG HAS THE COMPLAINT!!!!!
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Date: June 12th, 2007 5:25 PM Author: Gold Sick Nursing Home Nowag
Sounds like it went a little further than that.
Edit: She repeatedly attempted to stop it and was refused. She was stalked in the gym. that's a bit more than "saying something mean."
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8247710) |
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Date: June 12th, 2007 7:10 PM Author: Lime dead tank forum
You kidding?
There's a fine line between being mean and slandering somebody.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8248064) |
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Date: June 12th, 2007 12:58 PM Author: swollen point Subject: THIS IS NOT LEGAL ADVICE; YOU ARE NOT MY CLIENT!
A few comments:
a). Copyright infringement is the only asserted basis for federal court jurisdiction. The Complaint states no background facts indicating that the only named defendant (Ciolli) infringed any copyrights (rather, it explicitly states that some subset of defendants committed such actions). However, the copyright cause of action section goes on to allege that "defendants" have copied the copyrighted photos. I think any reasonable investigation would show that not all defendants did so, and the complaint itself suggests this.
Indeed, all the stated causes of action name "defendants" without distinction between various individual defendants.
b). I'm not convinced that all the other causes of action arise under the the same nucleus of operative facts as the copyright claim. Is subject matter jurisdiction valid?
c). I'd be interested in learning how the plaintiffs acquired ownership of the copyrights at issue.
d). What a bunch of assholes (the posters, that is).
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246584) |
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Date: June 12th, 2007 1:02 PM Author: Sapphire wonderful theater haunted graveyard
And again, why is rachmiel not named as a defendant, given that he is mentioned by name repeatedly throughout the complaint as playing more or less the same role as GTO? Perhaps he is being rewarded for cooperation...*
speculation, just kidding, please don't sue me
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246593) |
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Date: June 12th, 2007 1:05 PM Author: swollen point
Yeah, that confused me, but it's no grounds to attack the complaint.
I don't really know if any of the things I mentioned are valid grounds either, but interesting things I would research if I had enumerable hours of free time and free Westlaw.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246603) |
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Date: June 12th, 2007 1:08 PM Author: swollen point
The "author(s)" of the photo owns the copyright the moment it is taken.
Simply "having them taken" doesn't give the subject ownership of the copyright.
I could make an argument for copyright ownership even if someone else took them, but I won't go into that. I'm interested in what their theory is.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246611) |
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Date: June 12th, 2007 1:11 PM Author: brilliant digit ratio idiot
oh ok.
well, Doe II doesn't list copyright in her complaint. what's that about? I didn't realize there were even pictures of Doe I.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246616) |
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Date: June 12th, 2007 1:12 PM Author: swollen point
"Doe II doesn't list copyright in her complaint."
Is that right? I wonder what the basis for jurisdiction is, then.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246617) |
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Date: June 12th, 2007 1:20 PM Author: swollen point
I would not be surprised if a lot of the claims could get dismissed for lack of subject matter jurisdiction.
I kind of hope they get someone to defend them (at least Ciolli) pro bono, just so we can see the legal issues play out.
On the other hand, I kind of want some of the defendants to get PWNED!
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246645) |
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Date: June 12th, 2007 1:24 PM Author: swollen point
I'm not sure if that meets the standard required for jurisdiction. I haven't looked at it in a while.
I know there is case law dealing with whether related contractual claims can be heard in federal court based on copyright issues in the contracts, but I'm not sure if that's relevant.
Edit: at any rate, it seems like Ciolli should be able to say that they haven't asserted a copyright claim against him (and if they have, it's wading into murky Rule 11 territory).
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246658) |
Date: June 12th, 2007 12:42 PM Author: clear goal in life legal warrant
OH SHIT PWN3D!!!!!!!!1
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246544) |
Date: June 12th, 2007 12:45 PM Author: Azure Resort Mood
wow re: post attributed to yalelaw on p. 7 of the complaint
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246554) |
Date: June 12th, 2007 12:47 PM Author: high-end know-it-all affirmative action gaping
poor community norm on para. 38
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246560) |
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Date: June 12th, 2007 12:51 PM Author: Fighting Jet Lodge
what's it say?
i cant get the pdf to work :(
edit: n/m, got it.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246569) |
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Date: June 12th, 2007 1:01 PM Author: Mint church alpha
that one doesn't make sense. He wasn't actually saying something himself, he was rephrasing the comments that were threatening, and that were being discussed in the thread in question.
http://www.xoxohth.com/thread.php?thread_id=592614&mc=59&forum_id=2#7729696
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246590) |
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Date: June 12th, 2007 1:08 PM Author: Mint church alpha
I imagine they just found the comment and didn't understand the context of it.
EDIT: this was supposed to be a reply to Fulano.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246612) |
Date: June 12th, 2007 12:49 PM Author: Gold Sick Nursing Home Nowag
I hate to say I told you so, but I told you so.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246564) |
Date: June 12th, 2007 12:52 PM Author: Dull den
Wow at page 12.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246573) |
Date: June 12th, 2007 12:52 PM Author: Thirsty Legend Skinny Woman
how is community norm's statement actionable?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246574) |
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Date: June 12th, 2007 12:54 PM Author: high-end know-it-all affirmative action gaping
employers will never hire anyone who others want to have consensual sex with after marriage.
it just doesnt happen.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246578) |
Date: June 12th, 2007 12:53 PM Author: Cordovan fragrant school cafeteria
I wonder if these guys read my "they should sue Paliewalnuts for copyright infringement using the safe harbor to register their photos" thread.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246575) |
Date: June 12th, 2007 12:55 PM Author: harsh hominid
i cant open the complaint. anyone else having trouble?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246579) |
Date: June 12th, 2007 12:57 PM Author: narrow-minded institution
Paragraph 39: WTF? She couldn't just reschedule her "meetings with law enforcement"?
Also, LOL at the explanation of "CGWBT" in Paragraph 46.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246583) |
Date: June 12th, 2007 1:05 PM Author: Startling ceo
How can they get away with using "Doe" in the complaint instead of the plaintiffs names?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246602) |
Date: June 12th, 2007 1:07 PM Author: peach aggressive sandwich
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246608) |
Date: June 12th, 2007 1:09 PM Author: Out-of-control chrome location
$245,000 punitive + actual? PWN3D
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246613) |
Date: June 12th, 2007 1:18 PM Author: soul-stirring indian lodge
Holy shit.
I know this sucks for our peers, but that is hilarious.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246636) |
Date: June 12th, 2007 1:18 PM Author: Multi-colored light whorehouse
Re: paragraph 40, first sentence --
Did they even read this thing before they filed it?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246638) |
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Date: June 12th, 2007 1:23 PM Author: charismatic learning disabled address indirect expression
Defendant moves to dismiss plaintiff's complaint on grounds of the silly redundancy contained in sentence 1 of paragraph 40?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246654)
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Date: June 12th, 2007 1:37 PM Author: ivory coldplay fan regret
Ridiculous. This is legal harrassment. What the fuck did vincimus do, for example?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246738) |
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Date: June 12th, 2007 1:42 PM Author: Azure Resort Mood
Quoting complaint:
43.
Despite her attempts to end additional defamatory, harassing, and threatening posts about her, the outrageous behavior on AutoAdmit continued. The posters' fixation with Doe I1 went so far as to include suggestions to follow her to the gym and attempt to take her picture while in public:
Date: February 12th, 2007 11:29 AM Author: vincimus I can assure you she doesn't dress conservatively. Anyone who goes to the gym in the afternoon has seen her trapsing around in spandex booty shorts and a strappy tank top. She wants people to look, and they do.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246771) |
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Date: June 12th, 2007 1:44 PM Author: brilliant digit ratio idiot
i think the relevant post is the one just after that, where a poster says people should take pics.
but is vincimus named as a defendant? if so that seems ridiculous to me.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246780) |
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Date: June 12th, 2007 1:58 PM Author: brilliant digit ratio idiot
in my non-legal-advice-giving opinion, no fucking way this is "outrageous" enough to satisfy IIED.
as for false light, that's seems slightly more possible, if "she wants people to look" and the description of her outfit at the gym are considered attributing Doe II views she doesn't hold or action she didn't take. but it still has to be considered offensive to a reasonable person.
there's also the "unreasonably publicity given to another's life" claim. someone else can look that up on wikipedia.
but don't all of these "intrusion of privacy" claims have to involve some sort of actual INTRUSION?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246861) |
Date: June 12th, 2007 2:14 PM Author: comical sweet tailpipe Subject: the word "google-bomb" is thrown around a lot these days
but were does I & II really google-bombed? is this now the commonly accepted definition?
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8246946) |
Date: June 12th, 2007 6:36 PM Author: hairraiser disrespectful set boistinker
I love how one of the first comments in response to the WSJ is Loyola2l fighting the good fight. No one can derail a conversation like him.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8247968) |
Date: June 12th, 2007 7:27 PM Author: Bat-shit-crazy claret ratface
I can't imagine they'll keep all of these people in the suit.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8248128) |
Date: June 12th, 2007 11:06 PM Author: Blue Locus Famous Landscape Painting
Am I missing something, or are they including "Remember when I said I would kill you last? I lied." as a defendant for saying its laughable that she would be rejected based on xo. That is horrible.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8248935) |
Date: June 12th, 2007 11:35 PM Author: Rough-skinned Smoky Therapy Station
What a TTT complaint. I can't believe such ostensibly intelligent people are such awful lawyers.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8249035)
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Date: November 4th, 2007 12:38 PM Author: harsh hominid
this is helpful to use in studying for civpro. tyty.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8851360) |
Date: November 4th, 2007 12:58 PM Author: Dashing Dun Garrison Double Fault
if this ends up in front of a jury y'all are fucked.
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8851440) |
Date: December 4th, 2007 5:05 PM Author: yellow exhilarant azn public bath
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#8977447) |
Date: June 12th, 2008 4:35 PM Author: judgmental slippery wagecucks queen of the night
(http://www.autoadmit.com/thread.php?thread_id=644117&forum_id=2#9884220) |
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