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Ken Whitman vs RPGnet

Started by jeff37923, September 17, 2007, 10:20:08 AM

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jeff37923

September 17, 2007, 10:20:08 AM
If any action is taken on this, it could be very interesting.

Potential Ken Whitman Lawsuit
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jrients

#1
September 17, 2007, 10:30:50 AM
Uncle Bear explains what the hell is going on and offers his take on the situation here.
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Thanatos02

#2
September 17, 2007, 10:33:32 AM
The title is a bit misleading, as Whitman isn't sueing Skotos or RPG.net, but rather posters he feels are libelous, though he hasn't even said who they are yet.

The post reeks of a bruised ego and a culture of lawsuits, but it could be he has a legit claim. I guess we'll see.
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Alnag

#3
September 17, 2007, 10:36:19 AM
Seriously, somebody has too much free time, I guess.
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grubman

#4
September 17, 2007, 10:43:33 AM
good lord, just what we need, lawsuits against people who say bad stuff about you on the internet.  What judge would take this seriously?

Werekoala

#5
September 17, 2007, 11:01:37 AM
:haw:

Couldn't happen to a nicer bunch.
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stu2000

#6
September 17, 2007, 11:29:58 AM
Well. I've had dealings with Ken Whitman and have found him to be a generally stand-up guy. As with all of us, there are bound to be exceptions to that rule. I have had dealings with RPGnet and found them generally to be dicks, but I know very well there are dozens of warm and wonderful exceptions to that rule. I'm sure the lawsuit will evaporate, and it's just as well. I'm generally against lawyer noise. But still--we take far too much for granted that everyone has an unlimited license to be a jackass on the net.
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J Arcane

#7
September 17, 2007, 11:33:18 AM
Ehh.  I read the thread.  Ken came off like a fucking nutbar.  This is just some sad Internet MBA realizing he can't just throw his weight around like he can at the office.  Another middle management asshole with delusions of his own importance.

Uncle Bear severely exaggerates the nature of the responses in that thread.  The only guy who came out looking like an ass in that thread was Ken himself, and he got what he deserved for it.  now he's just pissed and throwing around empty threats.
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Ian Absentia

#8
September 17, 2007, 11:35:06 AM
Ken Whitman?  The man who fumbled the lateral pass on the production of T4?  Hmm, I wonder if that means I'll be getting sued now.

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kregmosier

#9
September 17, 2007, 11:44:42 AM
no WAY!?!  ham-handed moderation at TBP?!  say it ain't so! :eek:
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Hackmaster

#10
September 17, 2007, 11:55:28 AM
Quote from: grubmangood lord, just what we need, lawsuits against people who say bad stuff about you on the internet.  What judge would take this seriously?

I hope this is sarcasm, as this topic has been in the news quite a bit and can have an impact on people's lives.

Specifically, there have been several instances where people have deliberately posted false information about someone in order to sabotage their career (the recent tale of a law student comes to mind). I know at one time there were legal proceedings but I don't know the final outcome (if there is one).

A silly as it may sound, especially in the context of RPG.net threads, the ability to post false information about someone on the internet and have it accessible to virtually everyone can have a serious impact on someone's life and career.
 

Blackleaf

#11
September 17, 2007, 12:13:34 PM
Too many people believe the web isn't governed by the laws of the real world.  This simply isn't true.  As web use, message boards and social networking become less the realm of uber-nerds and more an every-day for of communication, you'll see it increasingly treated more seriously.

Pierce Inverarity

#12
September 17, 2007, 12:14:06 PM
Quote from: GoOrangethe ability to post false information about someone on the internet and have it accessible to virtually everyone can have a serious impact on someone's life and career.

So can trying to play T4 by the book.
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Blackleaf

#13
September 17, 2007, 12:30:05 PM
Quote from: ShannonLast week Skotos received an email from Ken Whitman which stated that he would sue Skotos Tech and some of our posters for libel if we did not remove all threads with the name "Ken Whitman" in them by today (September 12).

We replied, in part, "We will not be removing all posts about yourself at RPGnet. We run a public forum, and the topic of yourself and your businesses--past, present, and future--is one of public interest. We will not support your attempted censorship of these issues via threatened lawsuit." We also explained the legal protections extended to us under section 230 of the Computer Decency Act.

That's not exactly true...

Quote from: ShannonLet me note here that we are not lawyers, nor have we consulted lawyers, but the following is our personal opinion on the situation:

They really need to talk to a lawyer about this.  Here's what Section 230 says:

Quote from: WikipediaIt added protection for online service providers and users from action against them for the actions of others, stating in part that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider". Effectively, this section immunizes ISPs and other service providers from torts committed by users over their systems, unless the provider fails to take action after actual notice or is itself involved in the process of creation or development of the content[1]. As a result of the John Seigenthaler Sr. Wikipedia biography controversy, and other incidents where individuals have been allegedly libeled by anonymous or judgment-proof parties, this section of the Act has come under fire, with numerous calls for revisions to the Act to restore service provider liability in some cases.[citation needed]

Through the so-called Good Samaritan provision, this section also protects ISPs from liability for restricting access to certain material or giving others the technical means to restrict access to that material.

Now, see this bit on the bottom of each page:
"RPGnet® is a registered trademark of Skotos Tech Inc., all rights reserved."

and the RPG.net logo on each page where the content at issue appears?

That means that Skotos / RPG.net is not acting in the role of an ISP.  They are actually publishing this material, and liable for what they're publishing.  This is why it's important for Forums to have good moderation, policies, etc.

I manage the website for a large university in Canada, and I know this stuff through working directly with our legal counsel.  It makes a big difference if you put your name, logo, and copyrights on things!

Mcrow

#14
September 17, 2007, 12:31:07 PM
If he thinks he has a case against anyone in that thread he's lost his marbles. I said my part in that thread, so I won't go on about it here but it's safe to say that I doubt he can sue anyone for complaining about bad (questionable at best) services he provided them or anyone else for adding their experiences with his company.
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