"IP-Wars.net posted stories and content stating Merkey worked for SCO and was a drug addict, advocating his murder, and [posted] contents that invaded his privacy."
These are the charges against Jeff. Translated they are
defamation - posted stories and content stating Merkey worked for SCO and was a drug addict,
incitement to violence - advocating his murder
invasion of privacy - [posted] contents that invaded his privacy
civil contempt - he's threatened about the sealed settlement and the opinion, but Jeff isn't charged in the complaint with doing this. in fact he never states this claim against anyone AFAICS.
Conspiracy to violate civil rights
defamation by google bombing and hacking
weird crap - violation of right of expressive association, and identity theft
The important question is what are the pleading requirements for each offense.
I have the answer for defamation. The requirements are relative strict and merkey hasn't met them.
"To state such a claim for defamation, plaintiff 'must show that defendants published the statements concerning him, that the statements were false, defamatory, and not subject to any privilege, that the statements were published with the requisite degree of fault, and that their publication resulted in damage.' Id. at 1007-08. " Computerized Thermal Imaging Inc. v. Bloomberg, 10th circuit 2002 quoting West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994)
This is a Massachusetts case, but I expect utah is the same:
" A court may dismiss written defamation claims, i.e., libel claims, if the communication is "incapable of a defamatory meaning." Brauer v. Globe Newspaper Co., 217 N.E.2d 736, 738 (Mass. 1966) (quoting Muchnick v. Post Publ'g Co., 125 N.E.2d 137, 138 (Mass. 1955). This threshold question, "whether a communication is reasonably susceptible of a defamatory meaning, is a question of law for the court." Phelan v. May Dept. Stores Co., 819 N.E.2d 550, 554 (Mass. 2004)."
As for advocating his murder, as alleged, that isn't a crime, even if he alleged malice. You can say "someone should shoot the SOB".
With civil rights conspiracy, it comes down to the allegation that all "these websites" engaged in such activity. Considering that includes "numerous other websites", I doubt this states a claim, but I need to do more research.
I have no idea what the pleading requirements are for invasion of privacy, but he hasn't said what legitimate expectation of privacy was violated. i would think you'd at least need to do that. All he has done is refer to "private emails". Utah law does, however, permit "false light" claims, which don't have much case law.
~ Merkey v The Internet et al Docs ~ Yahoeuvre ~ tuxrocks.com (SCO cases legal docs) ~ scofacts.org ~ eagle.petrofsky.org ~ Zen's Den ~ Yahoo SCOX Message Board ~ Lamlaw ~ Microsoft Watch ~ Groklaw ~ Korgwal - a Groklaw mirror ~ nosoftwarepatents.com ~ Flame Warriors ~ SCOXE Wars ~ Get your Merkey Number here! ~ Digital Law Online
Make a new account