Verdict in MySpace Suicide Case

[Flash]

http://www.nytimes.com/2008/11/27/us/27 ... odayspaper

In case the link requires membership, here are some highlights:

...Specifically, the jury found Ms. Drew guilty of accessing a computer without authorization on three occasions, a reference to the fraudulent postings on MySpace in the name of Josh Evans...

...said Matthew L. Levine, a former federal prosecutor who is a defense lawyer in New York, “it is now a crime to ‘obtain information’ from a Web site in violation of its terms of service...

[John Doe]

The very first thing I commented on after reading the verdict the other day was the fact that it now appears that the 'myspace terms of service' are law.

I was ranting and raving to my mother how crazy this was, then I noticed the trial was in LA and I rolled my eyes and said "figures".

Oh well, nothing is beyond the audacity of the California legal system. Although it was federal court, I just can't believe it wasn't effected by the craziness out there.

Seems to me that in order to have been found 'guilty of accessing a computer without authorization' then myspace would have to have been the plaintiff. I find it hard to believe that myspace would have standing in the matter, not having suffered any injury in fact. The woman needed a better lawyer. I could have gotten out of there faster than out of a wet paper bag (and I only learn law as a hobby).

[Flash]

But I wonder if this can't be used to go after spammers and other people who deliberately and intentionally vandalize and disrupt our forum?

[John Doe]

All seriousness aside, sure we could

I suppose the precedent has been set and if this forum were hosted in California and a forum member committed suicide, we could argue something like this on behalf of their family:

Members of the jury. It's clear that my client's loved one would still be with us today but for the actions of Mr. Spammer. Mr. Spammer broke the 'phpBB terms of law' when he posted that great deal on Nikes. Mr. Spammer knew full well that my client's loved one had just bought Nikes at full price. Everyone knows the stress that goes into purchasing Nikes and the depression that can be caused by realizing one paid too much. Clearly there can be no other external factors in this suicide and it could only be caused by this one forum post. I ask that you members of the jury do the right thing and find the defendant guilty of 'breaking the phpBB terms of law'.

[Flash]

[Aitch]

JD

[Trobin]

But I wonder if this can't be used to go after spammers and other people who deliberately and intentionally vandalize and disrupt our forum?

I doubt it.

Personally I hope the woman gets the maximum and a misdemeanor is not enough.

[shroomy_bee]

Yeahr right. I'd have a field day if anyone that'd crossed me online had to show their real self offline.

Which may be something that's going to be coming to a head tomorrow - watch the big fake conspiracy begin to finally come apart exactly as its deserved to all along.

& I know that some of ya here are indeed a big part of that whole phoney mind-control etc mess.

Even just the sig. thing now - "your honor, I put to the court that that old bloke with 500 troll accounts did wilfully delete my sig because it don't dovetail with the false version of me he and his wish to present to the world..."

[shroomy_bee]

Or even better, I could be called as a witness against:

"I'm afraid so. Following my clear explanations of disruptive liar manipulative troll activity upon other forums, the same behaviour did manifest at that forum also, prompting me to give up contributing to it insofar as its actual purpose went."

What would you say to such people like me who aren't bribe-able hmm?