||Oracle Tips by Burleson
Chapter 5 -
All About Cybercrime
Note: This is a literature review
prepared by a non-lawyer and this research may not be construed as
legal advice. If you are seeking legal advice of qualified
attorneys, consult your local Bar Association, not my web pages.
For more details on jurisdiction, check
Real-World Case: Cyber-libel and Tortuous
In the Pets Warehouse Message Board libel case,
there is an excellent example of a web-based allegation. The facts
of the case are recited here:
On May 15, 2001, according to court documents,
XXX, a computer scientist at Virginia Commonwealth University in
Richmond, posted a message that made a blunt recommendation:
"Thinking of buying plants from Pet Warehouse?
He went on to detail his gripes about the
company's customer service, based on what he said was a delayed
shipment of plants he'd ordered.
In classic Net slambook fashion, other members
of the list responded to XXX's messages by sharing their own
experiences with Pets Warehouse. One post on May 22, 2001, as
recorded in court documents, quotes YYY, sloganeering: "Remember
petSWEARhouse, buy their plants and you'll be swearing!"
The owner of Pets Warehouse felt that he was
violated and served the mailing list owners and participants with a
$15,000,000 lawsuit for libel and defamation. From the court
Defendants have conspired to, and have joined
together into an illegal agreement to, intentionally injure the
business and goodwill of Petswarehouse.com by a variety of tortious
and other unlawful acts.
Each member of the illegal conspiracy has
economic incentives for their actions, all of which are at the
expense of Robert Novak and Pets Warehouse mark
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