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Man Sues Chatroom Pals         938 reads

DARTH MENSES




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1/13/2006 at 00:21
The Future As We Know It

Man sues chatroom pals: I was humiliated beyond what 'no man could endure'
AOL chatroom
An AOL chatroom named 'Romance — Older Men' was the scene of unbearable humiliation for one chatter, according to a new lawsuit.
By J.K. Dineen
Court TV

Mike Marlowe fully admits that he sometimes gave George Gillespie a hard time in that AOL chatroom.

But never in his wildest imagination did he expect to be sued in court for what he characterized as "razzing."

"We gave him crap," said Marlowe, a 33-year-old welder in Fayette, Ala. "I'm not going to deny it. I teased him and he teased me back. He gave it back better than he ever got it."

A generation ago, such petty personal beefs might have been settled with fists outside the corner bar, but now it's the Internet age — and Ohio resident George Gillespie instead filed a $25,000 lawsuit against two erstwhile cyber chums he met in the sprawling 900-room, mostly anonymous society that makes up AOL's chat universe.


Gillespie, 53, claims that Marlowe and Bob Charpentier, a 52-year-old Oregon resident, insulted him and harassed him in the AOL chatroom called "Romance — Older Men" to the point where it inflicted "severe emotional distress and physical injury that is of a nature no reasonable man could be expected to endure it."

The complaint, expected in court on Jan. 31 for a pretrial conference, also names AOL as a defendant for allowing the alleged harassment to take place.

Gillespie alleges that the duo intruded into his "private affairs." The complaint states that Marlowe actually drove from Alabama to Ohio to photograph the plaintiff's home, which he then posted on the Web. He also allegedly went to the courthouse in Medina to dig up personal dirt on Gillespie, which he then also disseminated over the Internet.

The case is not simply "someone conversing in a chatroom" but also involves "harassing someone in Ohio," which gives Ohio courts jurisdiction, according to Gillespie's lawyers.

"Had the defendants stayed in the chatrooms, there would be no jurisdiction here, case closed" Gillespie's attorney Theodore Lesiak stated in the complaint. "Defendant did not."

But Marlowe said he works 60 hours a week at an autobody shop and laughed at the notion that he would drive from Alabama to Ohio to take pictures of Gillespie's house.

"I have never been to Ohio and I have absolutely no desire to go to Ohio," Marlowe said. "There is nothing there — the Cincinnati Bengals are there, the Rock and Roll Hall of Fame maybe, and that's about it."

Even if Marlowe did take a trip to Ohio, posting a picture of someone's house on the Internet does not violate privacy laws, according to Chris Hoofnagle, attorney with the Electronic Privacy Information Center.

"Those norms require the aggressor to engage in behavior that is highly offensive to a reasonable person," he said. "Taking a picture of somebody's house and putting it up on the Web is not that."

Hoofnagle said Gillespie's emotional distress claim will also be tough to prove.

"We live in a rough society, as compared to Europe, where offending someone or directly cursing or attacking their dignity can give you a cause of action," he said.

Power Struggle in 'Romance — Older Men'

Charpentier said he first encountered Gillespie more than five years ago and at first, the two chatters were friendly. But Charpentier says he quickly became disenchanted by what he saw as Gillespie's mean streak.

Things really turned ugly four years ago when Charpentier traveled to Kentucky to meet another chatroom regular, a woman who was also a friend of Gillespie's. The blind date did not go particularly well, and when Charpentier returned to he discovered that Gillespie had gone on the attack.

"He just came in slamming on me, saying all kinds of derogatory crap: that I was a fat, bald, broke old man who sits around in a rusted wheelchair," said Charpentier, who has a chronic back injury. "I don't even own a wheelchair."

Accused harasser Bob Charpentier

Charpentier, who has filed a response seeking to reserve the right to file a $125,000 countersuit against Gillespie, said Gillespie threatened to kill him and "made sick and disgusting remarks about the passing of my grandmother."

"He is an AOL computer thug, that is all he is," Charpentier said.

Marlowe characterized the dispute as a petty power struggle. He said Gillespie was the de facto leader of the "Romance — Older Men" chatroom, and didn't like it when he and Charpentier challenged his authority.

But Marlowe said he never took the chatroom antics personally — until he was served with a lawsuit.

"I don't know how four years of bantering back and forth led to this insane nonsense," he said. "It's just the Internet, for God's sake. It's nothing important."

Michael Gordon, an attorney for AOL, declined to comment, saying, "This is just the beginning stages of this thing."

Megan Gray, a Washington D.C.-based intellectual property attorney who specializes in cyber issues, called it "a loser of a case." She said the Communications Decency Act gives AOL immunity from chatroom misconduct.

"AOL cannot be held liable for the actions of people on the site," she said.

She also suggested the case against Marlowe and Charpentier was doomed.

"The Internet is such a vibrant, young medium, these types of cases are not taken seriously," she said.

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SSHOLE

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1/13/2006 at 00:26

Uhm..Dude.






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1/13/2006 at 00:31

I am so screwed.






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dont give a shit


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1/13/2006 at 00:36

"severe emotional distress and physical injury that is of a nature no reasonable man could be expected to endure it."

wtf?
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DARTH MENSES




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1/13/2006 at 00:41

This is all stupid. If you get flamed on a page why go back and humiliate yourself more? I dont see how any of this would hold up. If you dont like what is on tv or the radio, then change it. This is stupid.






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1/13/2006 at 00:42

Mr. Bush agrees with the plaintiff.






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SENATOR BABYHEAD




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1/13/2006 at 00:50

teh internets no fun anymore






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1/13/2006 at 01:51

This ruins EVERYTHING!
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I'm assuming the position!


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1/13/2006 at 04:09

Think of all of those zapple like newbs we have seen over the past years.






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1/13/2006 at 18:04

Does this mean no more forum invasions?

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1/13/2006 at 19:22

I don't think anyone here would pull some shit like that. It's the newbs that need to be kept an eye on. Besides, how could all this be proven? The vast majority of chats that I have visited do not allow print outs/duplications of the site content (eg, conversations in PM or otherwise). I don't think that the case will hold up, because if every fukpants that ever got flamed filed a lawsuit, we'd all be in some shit.






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1/13/2006 at 19:29

sunny77: I don't think anyone here would pull some shit like that. It's the newbs that need to be kept an eye on.

I AM GOING TO KILL YOU, SLUT! IN YOUR FACE! WITH SHOTGUNS.



EDIT: I'm dead serious.

On 2006-01-13 at 13:29:52, vasudeva enjoyed furrysex






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1/13/2006 at 19:32

=o

(*sounds sexy*)

On 2006-01-13 at 13:33:19, sunny77 enjoyed furrysex






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DARTH MENSES




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1/13/2006 at 20:43

Hmm, could pass under the radar and fail or become the new craze for making extra cash, like when MCdonalds got sued for having really hot coffee.

I never understood how that was mcdonalds fault?






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1/13/2006 at 20:46

sunny77's upcoming basement adventures:







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1/13/2006 at 20:58

sofickingwat: Hmm, could pass under the radar and fail or become the new craze for making extra cash, like when MCdonalds got sued for having really hot coffee.

I never understood how that was mcdonalds fault?

FYI:

By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit

Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds

McDonald's admitted that its coffee is “not fit for consumption” when sold because it causes severe scalds if spilled or drunk







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1/13/2006 at 21:03

mundhra:
sofickingwat: I never understood how that was mcdonalds fault?


By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit

Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds

McDonald's admitted that its coffee is “not fit for consumption” when sold because it causes severe scalds if spilled or drunk

That's the most concise explanation of that I've ever seen. Well done. I hate hearing people bitch about how litigious America is and use this as an example of citizenry run amok.

EDIT: The only reason people know -- or use -- the word litigious is to bitch about how litigious America is. The only reason people do this is because they hear other people doing it.




On 2006-01-13 at 15:05:44, vasudeva enjoyed furrysex






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1/13/2006 at 23:37

vasudeva:
EDIT: The only reason people know -- or use -- the word litigious is to bitch about how litigious America is. The only reason people do this is because they hear other people doing it.



Not true, necessarily. Republican lawmakers use this term to get sheep to support their agenda.
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SENATOR BABYHEAD




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1/14/2006 at 00:32

I disagree. I don't think decreasing the litigious nature of American law practice is on Republican's agenda. I think they talk about it because it's popular, and occasionally they pass a half-hearted law on it, with the intent to protect HMOs and other corporations; "America's gynecologists must be able to practice their love" - Bush (or something like that). I think that's what you mean too, but you're not necessarily differentiating yourself from what Vas said, ie, people hearing of shameful litigiousity from Republicans is a subset of people hearing of shameful litigiousity from other people.
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DARTH MENSES




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1/14/2006 at 04:49

I'm gonna be teh richz0r when I sue all your worthless sorry asses.






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1/14/2006 at 05:17

AOL computer thug

I heart that.






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