Re: Forum poster successfully sued for libel - landmark case
From: Robert Morien (PhD_failure_at_nousefulinfo.com)
Date: 03/29/05
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Date: Tue, 29 Mar 2005 12:00:52 -0800
In article <acgi41h20csrsk17l8sk52bn9ekeqo7di4@4ax.com>,
Joel M. Eichen <joeleichen@yahoo.com> wrote:
> We had a case here about which I posted. The e-mail spammer may be in
> prison as we speak. He was convicted in criminal court.
>
>
> Now 802.11b is another matter!
>
> Its unsecure!
>
> UNTRACEABLE!
>
>
>
> Joel
>
>
> On Tue, 29 Mar 2005 11:01:56 +0000 (UTC), "John Chewter"
> <john@LESS_SPAMchewter.f9.co.uk> wrote:
>
> >Taken from www.ComputerContractor.org Forum.
> >
> >Landmark Case
> >
> >The ability of users of internet bulletin boards to remain anonymous was
> >placed in serious doubt yesterday after Terry Smith, chief executive of City
> >firm Collins Stewart Tullett, won a landmark libel settlement.
> >
> >Mr Smith and his firm won "substantial" damages from Jeremy Benjamin, a fund
> >manager who posted false allegations on the Motley Fool web site using the
> >invented web name "analyser71".
> >
> >The claims were described in a high court statement yesterday as "serious
> >allegations of criminal and dishonest financial wrongdoing by Mr Smith and
> >the claimant companies" and "a grave slur on Mr Smith's personal and
> >professional integrity".
> >
> >Mr Benjamin, in the same court statement, said he "now accepts his serious
> >error in publishing these libels". His claims were made in September and
> >October 2003.
> >
> >Traced
> >
> >Mr Benjamin was traced after Mr Smith's lawyers, the City firm Rosenblatt,
> >won a court order forcing Motley Fool to reveal what details it held on
> >"analyser71", including the identification number of his computer and his
> >email address. Motley Fool had refused to volunteer the details without a
> >court order.
> >
> >The computer was traced to Mr Benjamin's employer at the time, Kyte Fund
> >Management. He has since left the firm.
> >
> >Mr Smith's lawyers were able to establish that the bulletin board postings
> >were viewed from 49 computers before they were removed by Motley Fool.
> >Oliver Smith, of Rosenblatt, argued that the relatively small number did not
> >diminish the seriousness of the libel.
> >
> >"Forty nine may not seem to be a large number, but they could have been 49
> >influential people in financial services and they could have copied the
> >messages and sent them to other influential people," he said.
> >
> >As well as undisclosed damages, Mr Benjamin has agreed to pay the claimants'
> >legal costs, which are understood to be three times as much.
> >
> >Friend
> >
> >Mr Benjamin is thought to have been a friend of James Middleweek, the former
> >Collins Stewart employee who last year settled his own 18-month dispute with
> >the firm and Mr Smith. In that case, no money changed hands.
> >
> >Mr Benjamin's comments on Motley Fool's discussion board related to the Mail
> >on Sunday's coverage of Mr Middleweek's allegations against Collins Stewart.
> >
> >Mr Smith and his firm are pursing the Financial Times for alleged libel in
> >articles that reported the same allegations. The FT has defended itself
> >vigorously and the case is due in court in November.
> >
> >First Case
> >
> >The Benjamin case is thought to be possibly the first internet-related case
> >in which a defendant has settled publicly after making comments anonymously.
> >
> >Rosenblatt's Mr Smith said: "In September and October 2003, he may have
> >thought he could say these things anonymously and would not have expected
> >that in March 2005 it would end up costing him a substantial amount of
> >money."
> >
> >Mr Benjamin's admission of libel was comprehensive. The court statement
> >said: "He recognises the significant damage they [the libels] have done
> >given that the website in question is aimed at and used by professionals in
> >the financial services industry working in the City of London where the
> >claimants carry on business.
> >
> >"The defendant is here today by his solicitor to withdraw the allegations
> >unreservedly and to apologise publicly to Mr Smith and the other claimants."
and then usenet spammers
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