Mike Marlowe fully admits that he sometimes gave George Gillespie a hard time in that AOL chatroom. But never in his wildest imagination did he expect to be sued in court for what he characterized as "razzing." "We gave him crap," said Marlowe, a 33-year-old welder in Fayette, Ala. "I'm not going to deny it. I teased him and he teased me back. He gave it back better than he ever got it."
A generation ago, such petty personal beefs might have been settled with fists outside the corner bar, but now it's the Internet age — and Ohio resident George Gillespie instead filed a $25,000 lawsuit against two erstwhile cyber chums he met in the sprawling 900-room, mostly anonymous society that makes up AOL's chat universe.
Gillespie, 53, claims that Marlowe and Bob Charpentier, a 52-year-old Oregon resident, insulted him and harassed him in the AOL chatroom called "Romance — Older Men" to the point where it inflicted "severe emotional distress and physical injury that is of a nature no reasonable man could be expected to endure it."
The complaint, expected in court on Jan. 31 for a pretrial conference, also names AOL as a defendant for allowing the alleged harassment to take place. Gillespie alleges that the duo intruded into his "private affairs." The complaint states that Marlowe actually drove from Alabama to Ohio to photograph the plaintiff's home, which he then posted on the Web. He also allegedly went to the courthouse in Medina to dig up personal dirt on Gillespie, which he then also disseminated over the Internet.
The case is not simply "someone conversing in a chatroom" but also involves "harassing someone in Ohio," which gives Ohio courts jurisdiction, according to Gillespie's lawyers."Had the defendants stayed in the chatrooms, there would be no jurisdiction here, case closed" Gillespie's attorney Theodore Lesiak stated in the complaint.
"But Marlowe said he works 60 hours a week at an autobody shop and laughed at the notion that he would drive from Alabama to Ohio to take pictures of Gillespie's house."I have never been to Ohio and I have absolutely no desire to go to Ohio," Marlowe said. "There is nothing there — the Cincinnati Bengals are there, the Rock and Roll Hall of Fame maybe, and that's about it."
Even if Marlowe did take a trip to Ohio, posting a picture of someone's house on the Internet does not violate privacy laws, according to Chris Hoofnagle, attorney with the Electronic Privacy Information Center."Those norms require the aggressor to engage in behavior that is highly offensive to a reasonable person," he said. "Taking a picture of somebody's house and putting it up on the Web is not that."
Hoofnagle said Gillespie's emotional distress claim will also be tough to prove."We live in a rough society, as compared to Europe, where offending someone or directly cursing or attacking their dignity can give you a cause of action," he said.
A generation ago, such petty personal beefs might have been settled with fists outside the corner bar, but now it's the Internet age — and Ohio resident George Gillespie instead filed a $25,000 lawsuit against two erstwhile cyber chums he met in the sprawling 900-room, mostly anonymous society that makes up AOL's chat universe.
Gillespie, 53, claims that Marlowe and Bob Charpentier, a 52-year-old Oregon resident, insulted him and harassed him in the AOL chatroom called "Romance — Older Men" to the point where it inflicted "severe emotional distress and physical injury that is of a nature no reasonable man could be expected to endure it."
The complaint, expected in court on Jan. 31 for a pretrial conference, also names AOL as a defendant for allowing the alleged harassment to take place. Gillespie alleges that the duo intruded into his "private affairs." The complaint states that Marlowe actually drove from Alabama to Ohio to photograph the plaintiff's home, which he then posted on the Web. He also allegedly went to the courthouse in Medina to dig up personal dirt on Gillespie, which he then also disseminated over the Internet.
The case is not simply "someone conversing in a chatroom" but also involves "harassing someone in Ohio," which gives Ohio courts jurisdiction, according to Gillespie's lawyers."Had the defendants stayed in the chatrooms, there would be no jurisdiction here, case closed" Gillespie's attorney Theodore Lesiak stated in the complaint.
"But Marlowe said he works 60 hours a week at an autobody shop and laughed at the notion that he would drive from Alabama to Ohio to take pictures of Gillespie's house."I have never been to Ohio and I have absolutely no desire to go to Ohio," Marlowe said. "There is nothing there — the Cincinnati Bengals are there, the Rock and Roll Hall of Fame maybe, and that's about it."
Even if Marlowe did take a trip to Ohio, posting a picture of someone's house on the Internet does not violate privacy laws, according to Chris Hoofnagle, attorney with the Electronic Privacy Information Center."Those norms require the aggressor to engage in behavior that is highly offensive to a reasonable person," he said. "Taking a picture of somebody's house and putting it up on the Web is not that."
Hoofnagle said Gillespie's emotional distress claim will also be tough to prove."We live in a rough society, as compared to Europe, where offending someone or directly cursing or attacking their dignity can give you a cause of action," he said.
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