To: BUDDY MOYNIHAN who wrote (2267 ) 7/10/1998 6:22:00 PM From: maxed Respond to of 5206
Hi. Buddy. Here is some more on the Philip case. Message Boards Help - Edit Public Profile - Personalize - Sign Out Top:Business and Finance:Stocks:Services:Business Services:PHV (Philip Services Corp.) <- Previous Next -> Message 2320 of 2341 Reply The Globe and Mail THEPHVPOSTMAN Jul 10 1998 6:41AM EDT Philip wins court orders to get names Seeks identities behind critics on the Internet Friday, July 10, 1998 By Janet Mcfarland The Globe and Mail Philip Services Corp. has been granted 12 court orders to obtain names of critics who have posted negative comments on the Internet. The cases are certain to have a chilling effect on the hundreds of investors who post messages daily to chat groups discussing the pros and cons of numerous publicly traded companies. Most of the discussions are conducted using pseudonyms, and Philip is believed to be the first Canadian company to obtain an identity from an Internet access provider through a court order. John Gallagher, who has posted messages about Hamilton-based Philip on the Internet, said yesterday that he was not informed that Philip was seeking his name until after the information was released by his Internet provider, Weslink Datalink Corp. of Hamilton. Weslink provided the information to Philip yesterday morning after being served with a court order signed by Mr. Justice Nicholas Borkovich of the Ontario Court's General Division in Hamilton. "I didn't know that was happening. I wasn't in any position to offer any opinion," Mr. Gallagher said yesterday. "It was blindsiding." Philip is pursuing similar cases with numerous other Internet access providers. Nadir Desai, chief executive officer of the Canadian subsidiary of PsiNet Inc. of Herndon, Va., said he could not discuss continuing legal action involving Philip because his company's case has not yet been resolved. But Mr. Desai said PsiNet will pursue the case in the courts. "We're wandering into uncharted territory here," he said. "This is something that the legal system has to work through, because never before has this type of technology been involved to do what one person might consider to be abusive and another person might consider to be freedom of speech." Philip's action follows months of comment, criticism and speculation about the industrial waste recycling company posted on the Yahoo Inc. message board by investors and others watching the company. Philip has struggled with losses of $126.3-million (U.S.), a copper trading scandal and the departure of most of its senior managers. Philip spokeswoman Lynda Kuhn said the company warned offending writers on the Internet in June that it would pursue legal action if they didn't stop making what the company considers defamatory comments about Philip. "We've been quite clear that there obviously is absolute entitlement to freedom of speech and people are free to criticize any company and discuss the company and its performance," she said. "But when it gets to the point of out-and-out defamation, stalking, ethnic slurs, forms of sexual harassment, it's going beyond anything that's acceptable." Although the messages have been posted on a message board maintained by Yahoo Inc. of Santa Clara, Calif., Philip has turned to Internet access providers to find out the identities of posters