So, the other day I received a copy of a subpoena from a web-company that I do business with. Apparently they received a subpoena for my contact information because of a link to my page on their service from a blog I have never seen before in my life. Apparently, the company that is suing seems to think I write the blog in question (hint: it is not this blog, and this is my only blog).
The claim is that the blog in question contains some information that was obtained and posted illegally. The really scary thing is that the information that was posted seems to be talking about the company that is suing, the CIA, and war crimes. That is some heavy stuff.
The funny thing is that the web service that I do business with includes a link back to my personal site. Yet this company is trying to sue Cafepress for information about who I am. It is kinda tempting to send them a letter saying “hey dip-sh!#$, my name is Jackson Miller. It says it right f*(%!#&& there in your subpoena” (there is a screenshot for the web company I do business with). Of course, I will not really do that since I am a big pussy. Come to think of it, maybe I will.
I have seen the Nashville blogosphere be pretty helpful in situations like this before, so any comments and suggestions would be welcome.
Anyway, I guess I have to get a lawyer involved. Depending on how that conversation goes I may post more here. Hell, I may even post the subpoena.
Update: Welcome Instapundit readers! Knowing others are watching makes this situation less scary.
17 Comments
Ack, man, that’s some scary shit! Yikes!
I’ve emailed Bob Cox at the Media Bloggers Association.
http://blogs.knoxnews.com/knx/silence/archives/2007/07/nashville_blogg_2.shtml
Is it a subpoena or a summons? If you were being sued, you should get a summons and complaint. A subpoena would ask you to produce documents, show up to give testimony or both.
Michael,
John Doe is being sued. A company I do business with has been subpoenaed for my contact information. It looks like the people suing John Doe think I am John Doe, but I am not.
The company I do business with has given me an opportunity to resist the subpoena.
I can’t tell from your post if you have seen a copy of the complaint. If not, the subpoena should identify the court in which the case is filed and the docket number. You could contact the court and obtain a copy of the complaint.
Yes, I have a copy of the subpoena. In it the lawsuit is described, as well as the court and the case number.
I am half tempted to post the subpoena, but I don’t want to do anything reckless.
I hate feeling like I have to prove my innocence, and my real fear is not that I will have a judgement against me since it should be pretty clear I am not who they are after. My real fear is that I will end up incurring costs from having to go to court in another state and have to prove my innocence.
I am an innocent bystander in this one. It is obviously a fishing expedition, but it looks like I may the the only fish around.
My real fear is that I will end up incurring costs from having to go to court in another state and have to prove my innocence.
That’d be my fear, too.
It looks like any way you roll you’ll incur some legal costs.
Let me know if you’re interested in putting together a fund-raiser to cover them.
Thanks Kat!
If this progresses to the point that I actually get sued then I will probably have to take you up on that offer.
I run a political blog in Virginia that’s been the target of legal action on three separate occasions. This is about the dumbest thing I think I have ever heard.
First, post anything you receive from attorneys. The public outrage this creates almost always gets attorneys to back off. I posted a cease & desist letter I got one time, it got linked from instapundit, and the putative plaintiff in the case scrambled to find a hole to hide in within 48 hours. It’s perfectly within your rights to post any correspondence you receive.
Second, contact the electronic frontier foundation, judicial watch, or other public interest law firms to see if they’ll provide you with pro-bono assistance, or at least refer you to a reduced fee attorney. It’s always worth it to get good legal advice, and in many cases like this it’s not hard to get it for free. Good attorneys may be able to turn this into somewhat of a payday for you, in some cases.
Above all, be cautious but don’t let them think you’re afraid because of this utterly brain-dead move on their part. They are complete idiots. Think of how the frenchmen in the castle responded to Arthur in Monty Python and the Holy Grail, and that’ll give you an idea of how highly you should regard this goofy legal misconduct.
Regards,
Greg Letiecq
BLACK VELVET BRUCE LI
http://www.bvbl.net
I will contribute $50 to your legal defense fund if you will post the subpoena, just so I can be the first one to call their President (or CEO) and let them know I’ll never do business with them under any circumstance.
Well personally,I think you ought to post every detail of what they are doing…company name,corporate officers or legal counsels involved,etc…just so the rest of us can have the fun of calling them up and harassing the hell out of them till they drop this crapola….seriously,I’m even willing to file suit against the bastards acting pro se just to start costing them some money spent in billable legal hours answering it.. they actual suit doesn’t have to have any merit,but it will make them have to at least have to deal with the inconvenience and bad publicity of it…just bury their asses in paper for a few weeks and teach the bastards a well needed lesson….god,I loving doing things like that….give us the info,Jackson….then cry havoc,and let slip the dogs of war
I’d love to take a look at this for you if you’ll let me — I’m a lawyer and everything. Send me an email if you can — as an attorney, I’m bound by the attorney-client privilege not to reveal anything you tell me (unless you plan to kill someone or something) and I might be able to point you in the right direction on how to solve your problem without incurring any fees. I can’t agree to represent you without knowing more about the case, but I would be bound by the a/c privilege not to reveal anything you tell me regardless.
And as an attorney who bills by the hour, I can tell you that low fees are great, but no fees are a lot greater. Get some blogosphere help. It’s free.
Who are these idiots? People want to know.
IANAL (I am not a Lawyer) as Den Beste would say, but while the law can be stupid, this sounds, really, really stupid. Maybe they sent you a subpoena on Friday night after finishing off a six-pack?
Tennwriter
As I keep reminding my clients, free legal advice is worth every penny you pay for it.
Link the site they think u write. A little bad publicity might wise up these jokers. Will teach them to be more careful, as that is what they’re trying to avoid
“Knowing others are watching makes this situation less scary.”
There’s nothing to be scared of going to court. There’s no fairer or safer place to tell your side of the story.
you can always counter sue for defamation and assorted torts; your suit can be filed in formas pauperus if you do not have filing fees. You might also consider filing a motion for summary judgment and motion to dismiss demanding compensation and or fees for your inconveniences. We Americans are entitled to our day in court pour or rich even guilty or not property cannot be taken without due process of law and usually a 12 person verdict with all the trimmings. The best advise I can think of is vengeance for the deed to take charge.
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