[Norton]

Hey all,

I've got a situation that may need some legal action and I'm not sure how to proceed.

It's been brought to my attention that my name has appeared on a commercial website that allows for anonymous, unchallenged statements to be submitted and posted on the internet. The statements that have been made contain partial truths of information that was discussed in a closed meeting (how it got leaked to a teenager to post is another matter altogether) but also contains wholesale lies.

These statements may be potentially damaging to my career and the website managers have unabashedly said that they will not remove my name. I wrote them an email ( I know, I know.....but I couldn't find the snail mail) and said something to the effect of serving them due notice that their site contains libelous material which may result in legal action. I also expressly forbid them from using my name in the future.

Their reply was basically %^&^ you.

So essentially this commercial entity is trading using my name as its product. They are also trading on my name by using libelous statements that may damage my career.

Any suggestions? I am by no means a rich person so any legal action taken would have to be done on a contingency basis. I'm in MD so there should be no shortage of attorneys looking to defend a poor downtrodden teacher:D

This is going to be a big problem for a lot of us in the future as local problems that otherwise would be handled "in house" can be posted by an out of state entity with impunity. This type of reckless use of one's name can potentially damage not only one's success in their current job, but also prevent that person from ever making a fresh start anywhere else.Help!

[Norton]

An update:

I just went back to the site and they have removed the most damaging of the posts, so I must have gotten their attention.

I responded with a "thank you, but" type of letter that stated that although they have removed the most acute of the posts, the chronic probelm of their trading on my name remains.

I essentially told them that I really have no intent to prosecute my case beyond that which is necessary to protect my interests. Therefore it would be most expedient for them to simply remove my name and the future use of that name. Failing to do so, I would seek damages against their corporation.

How am I doing?

[jsalcedo]

Pay a hundred bucks to a lawyer to send them an official scary letter.

It works wonders. Then have one sent to the ISP they use for their website.

[Old Fuff]

"jsalcedo" is right. It won't cost a whole lot to have an attorney write the site owner with a c.c. to the ISP. The letter will state that their actions are causing you injury (a legal term) and if they continue they can expect a civil suit seeking damages. Unless they can prove what they say they won't want to play in that ballpark. The attorney can also have them served with a cease and desist order. A hearing will follow at which time they'd better be able to prove what was posted, or else.

[bogie]

Lemme guess... You're a teacher, and some student is running a "teachers are bad" web site, and they're claiming that you prefer amorous relationships with sheep, or something of the sort...

[TarpleyG]

Kind of along the same lines. I don't want to hijack the thread but I do want to make a comment regarding students vs. teachers and a trend I am seeing.

My wife tells me last night that a teacher friend (wife's a teacher in the same school) confiscated a very small video recorder/MP3 player from a student yesterday. While reviewing the tape she saw the kids violently and randomly slapping other students so she goes to administration with it.

At a point on the tape just before said teacher says knock it off and give me your camera, it shows the teacher at her desk working at a computer and talking with two other students. The kids were supposed to be doing independent science-related activities.

Well, when administration gets ahold of this, they flip out. What? You aren't TEACHING??? So, SHE gets into trouble over this while trying to do something that would prevent future violent acts on these kid's parts. Another thing to worry about is the fact that the kid that she took the camera from is failing, and failing badly. All that needs to happen is that the parents find out that the school has taken action against her for "not teaching" and now the kid has a free ride all year.

Her next stop is a union rep. I don't blame her.

The point of my post is that, even unknowingly, kids are getting the upper hand on teachers because of technology and PC frivolousness (sp?). I guess the next step is to have continuous video of everything all the time.

Norton, sounds like you have an incident similar to one that a religion professor that I had a while back had. Good luck and don't let those little bastards get away with anything. Hold them accountable for their actions. Of course, all this is assuming what bogie said is true.

GT

[Bill Hook]

Lemme guess... You're a teacher, and some student is running a "teachers are bad" web site, and they're claiming that you prefer amorous relationships with sheep, or something of the sort...

He did say commercial entity, but there are a few of these sites around that let the students post their grudges against teachers and college professors.

I'm not sure that this is such a bad thing, as long as it is about the coursework itself and teaching method/style.

One of these sites is dedicated to exposing liberal bias by college professors, which is often unchallenged. Wasn't there a prof at Columbia who said something about assassinating Bush? Idiocy like this SHOULD be exposed.

[Futo Inu]

The answer is, Sue the Bastards. Your lawsuit would seek an injunction against the individuals and the IP, and if the defedants have any assets, a money judgement as well. Yes, this requires an attorney (unless you're familiar with the law and procedure, or undertake to become so).

"I am by no means a rich person so any legal action taken would have to be done on a contingency basis."

Unfortunately, I really doubt a lawyer would take this kind of case on a contigency basis, but *may* (or may not) be able to resolve it in a fairly cheap, flat-fee manner, by letter-writing and phone calls by the lawyer. Otherwise, filing of a lawsuit is called for, and may be rather expensive. If you cannot afford it, you simply must save up, borrow from a relative, mortgage the home, or tough luck - it just depends on the economic value (to you) of your reputation you mentioned, and the amount of harm to it which you perceive accruing. I recommend seeking a reputable lawyer in your area who advertises as being in the field of IP, or intellectual property law (patents, copyrights, and trademarks), or better yet, if it exists, a lawyer that advertises for an internet IP specialty. If the statements published are truly libelous (demontrably false, AND accuses you of a crime or acts of "moral turpitude"), then look for a lawyer who advertises for libel/slander/defamation of character.

"I'm in MD so there should be no shortage of attorneys looking to defend a poor downtrodden teacher."

Hmmm, well maybe, but I wouldn't get your hopes up - are you in the teacher's union? If so, they may have a legal service free of charge, or cheap, of which you're currently unaware. If you're truly indigent (poor), as defined by the legal services for the poor, then they may help you cheap or free. First step, in any event, as always, is to get a consultation with a GOOD local attorney in your area, or if you don't know who's good, then any lawyer consult is a start. Find out what kind of fees they might want to take some action. You may be pleasantly surprised. You may not. Depends on the attorney too. As always, you typically get what you pay for.

[Standing Wolf]

You don't need a lawyer to send a cease and desist letter.

[Ladybug]

The best solution is to settle this without ever involving the courts. Write letters. Document everything. If they ignore your letters, have an attorney write a letter for you. Then if it's really damaging you (not just irritating you, btw) you should think about a lawsuit. But you're dealing with so many issues - not the least of which is proving that this website is ACTUALLY harming you in some way. Lawsuits are expensive (in more ways than just monetarily) -- and probably not worth it in this case. But that's not legal advice, just my opinion.

[sm]

Double check the name for a Legal Inc.. Kinda like Legal Aid, except one pays a nominal ($15-20) a month for legal assistance. Basically this is a large group of attorneys, all over, that practice all types of law in kinda of a pool. I think of it as sharing through a pool and having legal advice on retainer.

I know some folks be it broke students or limited income retired whom have used, with very good results. One student just resolved a situation when a letterhead of a law firm was recieved by a party, sometimes all it takes. Older couple on the other hand had spent 3 months worth of membership ( $45-60) but rec'd about $ 600 worth of legal services to reconcile a problem.

I suspect these attorney's use the pro bono for good and/or write off. Reports seem to be positve.

HTH