Thinking about this lawsuit, the described 'John 
Does' would be contributors to the blog that have used searches ending up on Essent web pages. The searches would be the telling factor, not the 'logging in' to the blog. To prove anything other than they were curious would be a stretch. But would get people fired.
Now, the suit as filed, is stating that the 'John Does' are the blogger. Seems like the hospital is more interested in hanging their own employees with a wide net, given to them so graciously by Judge McDowell. The blogger being only secondary.
After what happened with Holly...we do remember what happened with Holly? She emailed Salerno with an offer to help...he rebuffed...she forwarded the emails to me...he got Holly's husband banned from the hospital (medical equipment rep) and fired from his job. The poor guy had no idea as to what happened...and that could be what happens here.
Someone asked a while ago in a comment if they were responsible if someone else was using their computer. I have no idea. Does the library have liability, should they be one of the 'John Does'? If they were both employees, I would suppose they could/would fire them. It certainly would fit the conduct to date. Just can't fire the library. This is what was related to me:
Forbes online lists two open wifi sites for laptop access in Paris: The Holiday Inn and Hastings. There are a lot more. Most motels. Dozens of businesses. And on almost any block, you'll find them. So, who then is responsible? The laptop owner, or the owner of the IP address that was unlucky enough to be utilized?
Just remember, all this took was a search on Google, MSN, Yahoo, Ask, or whatever. The search parameters were the tell, and the ISP and IP were there to the clicked result. If you searched for Essent +lawsuit +blogger, the terms of the search would be available, who provides the internet connection, and the IP of the user. If you click on one of the results with essenthealthcare.com, you might be named in the suit!Most people don't pay for a fixed IP, so that can get somewhat tricky, with floating IPs (first come, first served, and numbers reassigned randomly.) One would hope that the information provided by Suddenlink was accurate, or they might be the recipient of a lawsuit by the various 'John Does'.
Didn't think I'd re-run a graphic, but it fits too well not to...frank
3 comments:
If you sue a corporation for negligence, chances are it will be considered a "frivolous lawsuit" by those who worship corporations and despise consumers including, but not limited to, right wing talk show hosts. But if a corporation sues you, you hardly hear a peep from the same purveyors of the urban legend that frivolous lawsuits cause medical premiums to skyrocket and outlandish judgments are responsible for most of the high medical costs.
And, the same right wing talk show hosts have been complaining for the past couple weeks about the Fairness Doctrine, free speech and all that jazz. Yet, why aren't they defending YOUR free speech concerning your website?
why isn't the ACLU interested in what has already happened to Holly and her husband if that isn't retalliation, I do not know what is!
Good words.
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