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MAKE SURE WHAT YOU POST WILL NOT GET YOU IN TROUBLE !!!
See the following article:
Florida Biotech Firm Seeks Identity of Anonymous Message Board Posters in Libel Suit
A critical factor in effectively defending corporate reputation is to know when to take action and when to walk away. Making that decision will often turn on the source of the attack and the credibility of the person or organization making the allegation. But what about false claims posted by anonymous sources on message boards or similar social media platforms? While the civil law provides mechanisms to obtain the true identity behind Internet pseudonyms, starting such litigation will inevitably require that the otherwise obscure allegations be repeated. On January 28, 2016, a company called U.S. Stem Cell, Inc. filed such a suit in the Circuit Court for Broward County, Florida.
U.S. Stem Cell, formerly known as Bioheart, Inc., is a publicly traded company (OTCQB:USRM) based in Sunrise, Florida, that applies stem cell technology to the treatment of cardiovascular disease. In its complaint, U.S. Stem Cell alleged that six unknown defendants — three John Does and three Jane Does — had defamed the company by posting statements on Internet message boards using pseudonyms and thereby hiding their true identities. As alleged in the complaint, messages attacking the financial integrity and business operations of U.S. Stem Cell were posted on Yahoo and iHub boards under the names “Poor Man,” “Captain Kirk” and “domoarigatomrroboto.” The complaint seeks damages for defamation per se of business reputation, trade libel and common law unfair competition, and asks the court to order the defendants to remove the offending statements from the Internet.
In the complaint, U.S. Stem Cell admitted that it did not know if the John Doe or Jane Doe defendants were individuals or groups of people working together. So, on February 17, 2016, the company asked the Court to issue subpoenas duces tecum to Yahoo and iHub that would require both companies to produce records to identify the actual users behind the pseudonyms. Whether the Florida court will issue the requested subpoenas remains to be seen. To date, federal and state courts have had limited opportunity to consider how the First Amendment rights of an anonymous speaker weigh against the rights of a civil plaintiff to seek relief — and have so far developed different and competing standards.1
Whether U.S. Stem Cell will be successful in obtaining the identity of “Poor Man” and “Captain Kirk” will depend on how much weight the Florida court will give to the First Amendment right to anonymous speech versus the right of the company to its day in court. But the lawsuit and the anonymous allegations are now receiving attention in the public media that covers the biotech industry — to a degree for which the anonymous posters could never have hoped.
The complaint is available from the Broward County Clerk of Court: http://www.clerk-17th-flcourts.org/Web2/CaseS...ategory=CV
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