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To: Jeffrey S. Mitchell who wrote (691)	8/28/2000 3:40:16 AM
From: Jeffrey S. Mitchell	Read Replies (1) \| Respond to of 12465

Re: 8/28/00 - Clock Starts Ticking for Web Libel Claims When Materials First Posted Clock Starts Ticking for Web Libel Claims When Materials First Posted Daniel Wise New York Law Journal August 28, 2000 Internet Web sites are entitled to the benefit of a rule designed to insure the effectiveness of the one-year statute of limitations for libel claims, a Southern District judge has ruled in a case stemming from CNN's ill-fated "Operation Tailwind" report. A Web site that published a letter from a former Green Beret officer identifying a soldier as "a primary source" for the damning accusation in the CNN report that the military used nerve gas during an operation in a Laotian village should be afforded the benefit of the "single publication rule," Judge Michael B. Mukasey ruled in Van Buskirk v. The New York Times Co., 99-4265. Under the single publication rule, New York's one-year statute of limitations starts to run from the date an article is first published. The letter written by the former Green Beret officer, John L. Plaster, was first published on the Internet site of the Special Operations Association on June 8, 1998. Special Operations were a group of Green Berets responsible for carrying out covert missions during the Vietnam War. A similar letter was published in The New York Times. The plaintiff, Robert Van Buskirk, whom Plaster accused of being the "primary " source for CNN's claim that the lethal nerve gas sarin was used in the raid on the Laotian village, did not file his suit in the Southern District until more than a year later, on June 14, 1999. Plaster, who has written a book on covert operations during the Vietnam War, also accused Van Buskirk, a former soldier, of being the "sole" source for the broadcast's claim that the purpose of the mission was to kill American defectors present in the village. After an investigation by First Amendment lawyer Floyd Abrams, of Cahill Gordon & Reindel, CNN withdrew the report and apologized for it. CNN also fired two of its producers who had worked on the story and reprimanded its Pulitzer Prize-winning correspondent Peter Arnett. In applying the first publication rule to information posted on the Internet, Mukasey noted that it had been developed in response to "modern methods" of mass communication. Prior to New York's adoption of the rule, the statute began to run anew every time there was a subsequent "delivery" of the publication to an additional person. Like other publishers using "modern methods," Mukasey concluded, Internet companies are entitled to the benefit of a rule adopted "for the purpose of protecting the statute of limitations' 'intended effect as a statute of repose.'" Van Buskirk argued that the single publication rule should not be used because a statement on the Internet can be withdrawn at any time, but Mukasey rejected that view. The argument was inapt, Mukasey concluded, because the New York Court of Appeals had applied the rule in situations where the offending statement could have been withdrawn. In Gregoire v. G.P. Putnam's Sons, 298 N.Y. 119 (1948), the case in which the New York Court of Appeals adopted the single publication rule, a book sale had been made from the publisher's stock, and thus could have been "withdrawn" by G.P. Putnam, he pointed out. The New York Times published a version of Plaster's letter as an opinion column on June 18, 1998, about a week after the Internet letter was posted. As a result, the Times, which became a defendant in the suit along with Plaster could not claim the benefit of the statute of limitations because Van Buskirk's lawsuit was filed on June 14, 1999, just inside the one-year deadline. However, when the article is read in context, Mukasey concluded, it contained no defamatory statements. Since he had participated in the mission, Van Buskirk had contended the article portrayed him as having committed war crimes. Mukasey rejected that argument, noting that whole thrust of Mr. Plaster's article was that the story itself was false. Van Buskirk was represented by Bruce J. Robbins and Elihu H. Berman, both from Clearwater, Fla. The New York Times was represented by George Freeman, of the newpaper's legal staff. law.com

To: Jeffrey S. Mitchell who wrote (691)	2/20/2001 3:51:53 PM
From: Jeffrey S. Mitchell	Read Replies (1) \| Respond to of 12465

* Thread Index N-Z (Part 2 of 3) NetCurrents Inc. (NTSC) 11/16/00 - WSJ: Web Watchdog NetCurrents Discovers Trouble at Home Message 14877173 New Visual Entertainment, Inc. (NVEI) 12/7/00 - New Visual Entertainment, Inc. To Pursue Legal Action Against Internet Bashers Message 14963940 11/20/00 - OTCNN: NVEI Press Release Misleads And Confuses Investors Message 14964268 12/12/00 - Bloomberg: New Visual Sues Internet Posters for Defamation Message 15095698 1/10/01 - California Superior Court judge places in abeyance Raging Bull subpoena Message 15199678 New York Stock Exchange (NYSE) Big Board Fines Broker for Using Net To Post False Rumors About Stocks Message 11082270 The New York Stock Exchange has sued 10 unidentified people for impersonating Chairman Richard Grasso on a popular Internet message board. Message 14166256 12/22/00 - WSJ: Big Board Lawsuit Uncovers Gahary as Online Impostor Message 15070381 Original Media (OMDA) Original Media Sues for Libel, Interference with Economic Relations, and Infliction of Emotional Distress Message 14198123 Osage Systems Group, Inc. (OSE) Osage Systems Group, Inc. files Subpoena Message 14155350 Owens-Corning (OWC) Lawsuit Over Web Posting Message 13710939 PairGain (PAIR) Man Gets Home Detention in Web Hoax Message 11107892 Peak Intl (PEAKF) Former CEO, Richard Brook, Was Terminated for Good Cause Arbitration Award Nets Peak More Than $500,000 in Damages and Fees Message 14228825 Philip Services Corp (PHV) Cyberspace critics take aim at Philip Message 13710962 Yahoo Yanks Investor Gossip / Complaint Message 13710979 Phoenix International Phoenix International Ltd. files civil complaint against former employee Message 10703002 PhyCor PhyCor moves to uncover physicians' online identities Message 9736628 PhyCor reports big loss, to be delisted from Nasdaq Message 14226762 Premier Laser (PLSIA; Pluvia vs. Westergaard) Message 9723877 (see also Westergaard, John) Presstek Presstek lawsuit emphasizes importance of skepticism Message 9737032 ProNetLink (PNLK) ProNetLink.com announces litigation against posters of false and misleading information Message 14195676 Quest Net (QNET) Quest Net Granted Permanent Injunction Against Cybersmear Message 13037821 Quest Net Granted Injunction In Cybersmear Lawsuit Message 13273623 Company Finds Surprise Critic Among Message-Board Posters Message 13363027 Posts by "Cats" Message 13366038 Raytheon (RTN) Raytheon Drops Internet Chat Suit Message 9767032 Rentech (RTK) 10/30/00 - Australian jailed for U.S. stock spam fraud Message 14686372 Rentrak Corp (RENT) Notice of Subpoena Message 14155478 Rural/Metro Corp (RURL) 2/8/01 - San Francisco Chronicle: Court Battle Over Privacy In Chat Rooms Message 15324512 2/7/01 - Free Speech Advocates Join Forces to Protect Anonymous Speech in Cyberspace Message 15324558 1/22/01 - Notice of Subpoena from Yahoo Legal Deptartment (sic) Message 15324624 Sabratek (SBTK) Sabratek Files $90M Suit Vs Online Critic, Publisher Message 10809921 Summary of Sabratek related posts Message 12944037 Investment Adviser Roberts Did Not Defame Sabratek, Judge Says Message 13466368 SATX, Inc (SATX) SATX, Inc. Files Lawsuit in the United States District Court Against Individuals Posting 'Disparaging' Comments About SATX on the Internet Message Board Raging Bull.com. Message 13417294 STOVACT Defines Relationship with SATX Message 13417384 SeaChange International "My posts... contained information which I know was totally false and erroneous, which cause damage to the Company's stock price..." Message 7036276 Seaview Underwater Research (SEVU) 1/7/01 - View From the Bridge re class action vs. Anthony Elgindy Message 15142820 Seitel (SEI) Seitel will sue to stop negative Net chatter Message 13862159 Shaman Pharmaceuticals, Inc. (SHPH) Shaman Files Complaint Against `cyber bashers' Message 14046347 Solv-Ex Solv-Ex Suit Against Investment Firms, Short Sellers Dismissed Message 13552730 Source Information Management Systems, Inc., (Source) Settlement requires Yahoo poster to apologize to SORC Message 13110093 Sovereign Partners Limited Partnership, Dominion Capital Fund Limited and Stephen M. Hicks Investors Amend Defamation Complaint Filed Against ConSyGen and Restaurant Teams Message 11448168 An apology to Stephen Hicks and Mark Valentine Message 14082078 and Message 14077002 Cybersmear Defendant Reportedly Fights Back With Rule 11 Sanctions Motion Message 14100600 Spectrum Technology Corporation (SPUM) 1/11/01 - Spectrum Technology Corporation Announces the Implementation of Its 'Corporate Electronic Medium Policy' Message 15168141 1/11/01 - Reactions to PR threatening "bashers" siliconinvestor.com Stampede Worldwide, Inc. (STWW) Stampede Worldwide, Inc., Files Defamation Lawsuit Against Charles R. Will, Jr. Message 13713515 Operating Officer Pays Price For Online Shouting Match Message 13941075 Star Telecommunications STAR TELECOM SUES DETRACTORS Message 10515149 Starnet Communications International (SNMM) Starnet Files Defamation Law Suit Against Las Vegas Casino Inc. Claiming Damages for False and Malicious Statements On the Internet Message 10837710 Steroidogenesis Inhibitors International Inc. (STGI) STGI Wins Restraining Order Against Former Chairman Message 14167941 11/15/00 - Court Grants STGI Summary Judgment Message 14877153 Stockgeneration.com Stockgeneration.com and The Diligizer Board Message 15151470 1/31/01 - Internet stock game broke no rules, judge says Message 15324637 Stone & Webster Stone & Webster Files Suit Against Online Chatters Message 11059812 Stox.com Stox threatens Stockwatch with defamation lawsuit Message 12720746 Stratton Oakmont Stratton Oakmont Execs Plead Guilty to Expanded Fraud Charges Message 11342075 Talk Visual (TVCP)/Michael Zwebner "REQUEST FOR WAIVER OF SERVICE OF COMPLAINT" Message 6781829 Message 6781896 Message 6781919 Message 6781994 Message 6782020 Talk Visual Files $10 Million Law Suit Against Poster On the Internet Message 12871284 THIS IS AN OPEN LETTER TO GARY DOBRY ALIAS 'SPIDER' (from CEO Zwebner) Message 13452768 Gary Dobry responds to CEO Zwebner Message 13452835 Chairman Files and Serves Defamation Lawsuit On Internet Stock Bashers Message 13773195 Talk Visual Chairman Wins $1 Million Judgment Against Libelous Internet Poster Message 14044058 Gary Dobry's stipulated apology to TVCP Message 14072439 In This Cybersmear Settlement, Loose Lips May Cost $1 Million Message 14084121 TVCP CEO Michael Zwebner responds to Dobry settlement questions Message 14086503 Defamation Suit Sent Ex-Boxer Reeling From Stock-Chat Ring Message 14094921 Talk Visual Chairman Michael J Zwebner Obtains a Second Law Suit Award of $1 Million Against Internet Poster Message 14100489 TVCP CEO Michael Zwebner comments on the "basher" lawsuit Message 14100500 TVCP CEO Michael Zwebner further comments on the "basher" lawsuit Message 14100637 The Fur Flies Between CEO Zwebner and Defendant(?) French Message 14205874 Talk Visual Exec Wins $1-Million Judgment vs. Basher Message 14243373 CEO Zwebner Offers $5,000 Cash Reward for True Identity of Malicious Internet Posters; Provides Details about InternetZorro Message 14244545 CEO Zwebner Announces www.bountyonthenet.com to Help Unmask Wanted Internet Posters Message 14244574 Chairman Zwebner continues to address his critics on-line (part 1 of 2) Message 14279314 Chairman Zwebner continues to address his critics on-line (part 2 of 2) Message 14279315 12/8/00 - Gallery Magazine: Zak Mucha Interview with Gary Dobry Message 14929570 12/22-28 Chairman Zwebner vs. the_worm06: A nasty lawsuit gets nastier Message 15095618 1/17/01 - Zwebner Motion to Compel DENIED by Mass. Judge Message 15198664 2/5/01 - MOTION by Gary Dobry to Vacate [86-1] judgment order with memorandum. Message 15324494 What is a Motion to Vacate? Message 15326340 TeleServices Internet Group (TSIG) Former head of SEC enforcement advises TSIG not to sue their online critics Message 11034186 Thomas & Betts (TNB) Memorandum of Points and Authorities In Support of Special Motion To Strike Message 14155172 and Message 14155178 Public Citizen, ACLU File Briefs To Restrict Cybersmear Suits Message 14155203 Thomas & Betts Voluntarily Dismisses "John Doe" Suit Message 14162530 Thompson Kernaghan Slammed in chat rooms, brokerage files lawsuit Message 9736910 1/18/01 - Defendant Fran W announces dismissal of suit; thanks attorney Message 15203541 Titan Corp. (TTN) Notice of Subpoena Message 14155487 12/10/00 - From an article by Herb Greenberg, TheStreet.com senior columnist: Message 15011289 Tokyo Joe Park Web Stock Pundit `Tokyo Joe' Park Charged With Touting by SEC [Bloomberg] Message 12472780 SEC Sues Internet Stock Picker "Tokyo Joe" for Securities Fraud [SEC] Message 12473016 SEC sues Web site operator 'Tokyo Joe' for fraud [Reuters] Message 12476590 10/25/00 - SEC Speech: Regulation vs. Enforcement in an On-Line World Message 14877169 2/7/01 - WSJ: 'Tokyo Joe' Reaches a Deal With the SEC in Fraud Case Message 15311270 Total Renal Total Renal Sues Internet Users, Alleges Misleading Postings Message 11059580 Trans Energy, Inc. (TSRG) 11/7/00 - Trans Energy, Inc., Announces the Implementation of Its 'Corporate Electronic Medium Policy' and Comments on SEC Rule F.D. Message 14757903 Ultra Motorcycle Company (BIKR/UMCC) 2/10/01 - Industry professional disusses cease and desist order Message 15332565 Urocor Inc. (UCOR) Doctor Wins Libel Lawsuit Message 14986500 Williams ordered Oppenheimer to pay the verdict and said he would have to post a $750,000 bond to appeal the case to the 4th U.S. Circuit Court of Appeals. Message 14986681 12/29/00 - Forbes: Net Libel Message 15144605 Value Line Jean Bernhard Buttner Fights Web Smears and Her Brother Van Message 13710950 An Online Name-Caller Suffers Wrath of Ex-Boss at Value Line Message 14023888 Varian Associates All filings may be found at: geocities.com VerticalNet Inc. (VERT) 11/22/00 - WSJ: VerticalNet Chairman Logs On To Keep Tabs on Online Attacks Message 14877184 Video-Pro Pte Ltd (private; based in Singapore) 11/15/00 - ZDNetAsia: Vulgar postings lead to threat of lawsuit Message 14877188 VirtualSellers.com (VDOT) 10/18/00 - The Register: Virtual Sellers rages against 'malicious' BB posters Message 14650337 Wade Cook Financial Wade Cook Financial Corporation Collaborates With Legislators On Groundbreaking Measures Against On-Line Slander Message 9737456 Wade Cook Financial Corp. Takes a Stand Against Anonymous Internet Slander Through Federal Lawsuit Message 9737573 Westergaard, John 12/27/00 - SEC Names Westergaard, two entities in Internet touting case Message 15095662 12/15/00 - John Westergaard's letter to SEC Chairman Arthur Leavitt re accusations against him of securities fraud Message 15333149 WRNN (a Connecticut radio station) 12/19/00 - Law.com: Unmasking Internet Bad-Mouths; Plaintiff's right or First Amendment wrong? Message 15213435 Xircom (XIRC) Xircom Seeks to Identify Individual Claiming to Be an Employee for Posting False Statements Online Message 10220065 Xircom settles lawsuit against Yahoo user Message 10451503 Associates: Cybersmear Pioneer Message 14077002 ZiaSun (ZSUN) ZiaSun Files Lawsuit Against FinancialWeb.com Message 10139954 ZiaSun Sues Its Online Critics As Posts Get Nasty And Personal Message 10991730 U.S. District Court Grants Preliminary Injunction Against Floyd Schneider (a.k.a. Floydie, a.k.a. Truthseeker) Announces ZiaSun Technologies Inc. Message 12702226 Net Firm Wins First Round In Battle With Online Critic Message 12702748 Silicon Investor Deletes Posts In ZiaSun Cyber-Libel Case Message 12804138 ZiaSun critic told to halt Net smears Message 12824244 ZiaSun Cyber-Libel Lawsuit Is Dismissed on a Technicality Message 13009899 Suit alleging cyber-smear of local firm is dismissed Message 13166497 'The Truthseeker' Faces Another Legal Tussle Message 13743800 (SEC) Proceedings Instituted Against R. Gordon Jones and Mark F. Jensen (ZSUN's accontants) Message 13804594 New lawsuit filed against Cragun, Briggs, Tobin, Ziasun, et al Message 13964151 Beyond the SEC's Reach, Firms Sell Obscure Issues to Foreign Investors Message 14223314 Notice of Motion and Motion for Contempt of Court Order Message 14278693 10/25/00 - ZiaSun, Former President Anthony Tobin, and Promoter Bryant Cragun Drop Lawsuit and Agree to Pay Opposition Thousands Message 14664240 10/25/00 - ZiaSun Technologies Settles Groundbreaking Lawsuit Over Internet Stock Manipulation Message 14667046 10/25/00 - ZiaSun, Former President Anthony Tobin, and Promoter Bryant Cragun Drop Lawsuit and Agree to Pay Opposition Thousands Message 14667058 10/27/00 - WSJ: Settlements Reached in Suits Involving Stock-Chat Rooms Message 14672254 10/27/00 - SD Union Tribune: ZiaSun settles 'cyber-smear' case Message 14674261 ZixIt (ZIXI)** ZixIt sues VISA Message 12453952 ZixIt Corporation Initiates Lawsuit Against Visa Message 12453968