Helping Out A Fellow Blogger
Last September, I wrote about the issue of getting sued for blog posts or—worse—comments on one’s blog. This is one example of those cases where some bonehead attorney tries to take advantage of the legal system, but with apparently flawed reasoning. Some people can be so clueless, especially when it comes to technology. Well, either that, or they’re really ruthlessly clever enough to think of ways to pull it off.
Jeremy Shoemaker, the owner of Shoemoney, today’s top linked-to blog according to Technorati, says he is being subpoenaed and is being asked to cough up some of his blog’s server records in relation to a libel case filed against one commenter.
This time, it has happened to one of our own. A colleague at Splashpress Media, the former editor of the Blog Herald Abe Olandres is the target of a really stupid lawsuit. The basic premise: he is being sued for comments posted on a forum that his hosting business hosted.
I run a fairly small start-up web hosting here in the Philippines. One of our former clients runs a forum that we used to host. Several members of that forum were throwing vindictives against a their former employer. That employer sent us a demand letter thru their law firm demanding that we terminate the site or be charged with libel as well. The client moved out from us the following day. However, the employer/complainant has now filed several libel law suits against us claiming that we are the owner of the domain and the operator of the site. The site is still up and running though hosted somewhere else, the domain was also transferred away from us. Still, the complainant is alleging we should have enforced some sort of regulations or control over the content when it was still with us.
Apparently, all they wanted is money and this case is just of one of their many business gigs.
Really stupid? Yes. You would think that the complainant doesn’t stand a chance to win. Unfortunately, I believe, from where Abe is, the legal system doesn’t really understand technology and for all they know online forums are the same as a newspaper, which is probably easier to sue for libel! And it’s also really expensive, because you’d have to pay lawyers’ retainers, appearance fees and all that. This gets worse if court cases take years to finish. And it’s even worse if the case involves corrupt officials who need grease money to get things going.
Ah, the good old legal system. I would say that generally, the legal system (at least in, eherm, civilized countries) serves justice well. But in many cases, the legal system can also serve to line the pocketses (yes, my preciousss, let’s line our pocketsesssss with preciousss money) of officials and yes, lawyers. Looks like it is they who stand to gain in matters like this.
So to help out our fellow blogger, some guys over at the Blog Herald thought of setting up a fund drive.
Following reader suggestions (initiated by John Evans), we have set up a fund to help cover for Abe’s legal expenses, which he personally related to me has already reached quite a significant amount. We set up a Xoom link: https://www.xoom.com/pay/26999757 , which can accept any amount from US$25 to $2,500 paid via PayPal, credit card or e-check, and is deposited directly to a local account (mine, actually, since Philippine-based PayPal accounts cannot receive money). Donors could also send PayPal directly to the Blog Herald account at theblogherald (at) gmail (dot) com, which shall then be remitted to Abe come payday.
I’m currently low on funds right now, though. So I’m doing my best to help, and that’s by helping spread the word. You should, too!
What do you think?