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19 September 2006

AskMeCha: Can someone legally quote on their blog e-mails sent to them... [More:]
...with sentences out of order, none of their own replies pasted in, etc etc, so that sentences make little sense and all is out of context?
I just don't know about this.
posted by dg 19 September | 22:19
I think the area of internet libel is one that hasn't yet been visited by the courts.

The big question to me is, Was the source of the emails quoted?

If someone says, "I heard yada yada via email that so and so is sleeping with pig and poke," that seems inactionable.

If someone says "Shane told me Y, Z, W and X," when really Shane said W, X, Y, and Z, then it may be actionable.

Individual bloggers' journalistic rights and responsibilities is still a gray area, as far as I know.

Then again, a journalistic source can convey information "off the record." But assuming that an email is off the record? First, it's in writing. You should never put anything in writing with the expectation that it will stay private. Second, if you don't explicitly request that it stay private, see the point above.
posted by mudpuppie 19 September | 22:24
Oh, discussions of bad form and common courtesy are basically another topic. No, a blogger shouldn't quote out of context and without permission. But that's different from the question of whether there's a prohibition on such things.
posted by mudpuppie 19 September | 22:25
Shane, do you have a bitter, vengeful ex-girlfriend with a blog, too?

Unless the use of the emails meets one of the legal tests of defamation or public disclosure of private facts, it's probably not actionable.

Note, however, that defamation does include "placing in a false light..."

Note also, that I am not an attorney, although I have recently consulted one on a similar issue.

posted by dersins 19 September | 22:29
File a Digital Millenium Copyright Act complaint to the hosting ISP and pursue it as a violation of copyright.
posted by scarabic 19 September | 23:42
Emails have copyright protection??
posted by mudpuppie 19 September | 23:48
Thanks, all.

scarabic, DMCA seems like a stretch, but it's a wonderful tool for intimidation and for mucking up a blogger's relationship with his ISP. THANKS.

dersins: No, thankfully. I rarely break up with someone and when I do they go all passive-aggressive on me and guilt-trip me into a foetal position, LOL. But I feel for you! Good luck.

I'll explain more later.

How do I find the person's ISP?
posted by shane 20 September | 14:01
shane: tracert www.example.com

If they're on Blogspot or whatever, though ... good luck.
posted by stilicho 21 September | 05:22
oog. how do i use this tracert, stillcho?
/technogoof
posted by shane 21 September | 10:27
Transitions, Goodbyes, Traveling Man Music....suggest some tunes for LT? || Ask MeCha: Suggestions for a memorial location in SF?

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