The place for all things wine, focused on serious wine discussions.

Legal action against comments about wine on a blog

Moderators: Jenise, Robin Garr, David M. Bueker

no avatar
User

Peter May

Rank

Pinotage Advocate

Posts

4084

Joined

Mon Mar 20, 2006 11:24 am

Location

Snorbens, England

Legal action against comments about wine on a blog

by Peter May » Thu Sep 30, 2010 3:59 pm

Tuesday, September 28, 2010
Attention readers: Charles Smith may be suing you

Last week I received notice from Google that K Vintners and its winemaker Charles Smith are suing some people who commented anonymously on my site.

I am not named as a party in the lawsuit. But if you are one of my readers, you might be.

This post is a courtesy to you. Google received a subpoena demanding that it provide the Internet protocol addresses of the people who made the comments.

Google Legal Support wrote to me, "To comply with the law, unless you provide us with a copy of a filed motion to quash the subpoena (or other formal objection filed in court) via email at legal-support@google.com no later than 5pm Pacific Time on October 11


see here

http://wblakegray.blogspot.com/2010/09/ ... ay-be.html
no avatar
User

Keith M

Rank

Beer Explorer

Posts

1184

Joined

Sat Jan 06, 2007 2:25 am

Location

Finger Lakes, New York

Re: Legal action against comments about wine on a blog

by Keith M » Thu Sep 30, 2010 4:10 pm

no avatar
User

David M. Bueker

Rank

Childless Cat Dad

Posts

36366

Joined

Thu Mar 23, 2006 11:52 am

Location

Connecticut

Re: Legal action against comments about wine on a blog

by David M. Bueker » Thu Sep 30, 2010 4:10 pm

Ah the web - the best place for anonymous insults, and spreading them.

I doubt he will succeed, but it may be true that the web requires just a touch more decorum. Mr. Smith needs a haircut. He looks like Sideshow Bob from The Simpsons.
Decisions are made by those who show up
no avatar
User

James Roscoe

Rank

Chat Prince

Posts

11069

Joined

Wed Mar 22, 2006 6:43 pm

Location

D.C. Metro Area - Maryland

Re: Legal action against comments about wine on a blog

by James Roscoe » Thu Sep 30, 2010 4:30 pm

David M. Bueker wrote:Ah the web - the best place for anonymous insults, and spreading them.

I doubt he will succeed, but it may be true that the web requires just a touch more decorum. Mr. Smith needs a haircut. He looks like Sideshow Bob from The Simpsons.

Should you really talk about Robin that way? :mrgreen:
Yes, and how many deaths will it take 'til he knows
That too many people have died?
The answer, my friend, is blowin' in the wind
The answer is blowin' in the wind.
no avatar
User

Neil Courtney

Rank

Wine guru

Posts

3257

Joined

Wed Mar 22, 2006 6:39 pm

Location

Auckland, New Zealand

Re: Legal action against comments about wine on a blog

by Neil Courtney » Thu Sep 30, 2010 5:40 pm

Am I missing something here? Why do the lawyers think that Google would have anything to do with this case? Maybe if they had have asked Blake Gray's ISP, or Blogspot, what the person(s) IP addresses were then they might have more luck getting the information.

And speaking of Google, whatever happened to the case of Google Maps vs The Lady too stupid to know not to walk in front of a car on the highway?
Cheers,
Neil Courtney

'Wine improves with age. The older I get, the better I like it.' --- Anonymous.
no avatar
User

Dale Williams

Rank

Compassionate Connoisseur

Posts

12044

Joined

Tue Mar 21, 2006 4:32 pm

Location

Dobbs Ferry, NY (NYC metro)

Re: Legal action against comments about wine on a blog

by Dale Williams » Thu Sep 30, 2010 5:48 pm

Neil Courtney wrote:Am I missing something here? Why do the lawyers think that Google would have anything to do with this case? Maybe if they had have asked Blake Gray's ISP, or Blogspot, what the person(s) IP addresses were then they might have more luck getting the information.


Pretty sure Blogspot is owned by Google.
no avatar
User

Neil Courtney

Rank

Wine guru

Posts

3257

Joined

Wed Mar 22, 2006 6:39 pm

Location

Auckland, New Zealand

Re: Legal action against comments about wine on a blog

by Neil Courtney » Thu Sep 30, 2010 6:09 pm

Dale Williams wrote:
Neil Courtney wrote:Am I missing something here? Why do the lawyers think that Google would have anything to do with this case? Maybe if they had have asked Blake Gray's ISP, or Blogspot, what the person(s) IP addresses were then they might have more luck getting the information.


Pretty sure Blogspot is owned by Google.


OK, that would do it. Thanks Dale.
Cheers,
Neil Courtney

'Wine improves with age. The older I get, the better I like it.' --- Anonymous.
no avatar
User

Hoke

Rank

Achieving Wine Immortality

Posts

11420

Joined

Sat Apr 15, 2006 1:07 am

Location

Portland, OR

Re: Legal action against comments about wine on a blog

by Hoke » Thu Sep 30, 2010 11:12 pm

We can't let the terrorists win!!!!
no avatar
User

Mike Filigenzi

Rank

Known for his fashionable hair

Posts

8400

Joined

Mon Mar 20, 2006 4:43 pm

Location

Sacramento, CA

Re: Legal action against comments about wine on a blog

by Mike Filigenzi » Fri Oct 01, 2010 12:41 am

Great story. I can agree with some of the folks who pointed out that the lawsuit only brings more eyeballs onto the blog and therefore informs more people of Mr. Smith's behavior at HdR. I certainly would never have heard of it if it weren't for Peter's post here, and that wouldn't have happened without the suit.

Smith strikes me as a really interesting guy, and really interesting guys can sometimes be very difficult. In my experience, if they're not too psycho to run a business, then knowing them is a net positive experience. Bottom line is that his wines seem to be out of my price range, but if he ever invites me for dinner you can bet I'm going!!
"People who love to eat are always the best people"

- Julia Child
no avatar
User

Jenise

Rank

FLDG Dishwasher

Posts

45469

Joined

Tue Mar 21, 2006 2:45 pm

Location

The Pacific Northest Westest

Re: Legal action against comments about wine on a blog

by Jenise » Fri Oct 01, 2010 3:34 am

Mike Filigenzi wrote:Great story. I can agree with some of the folks who pointed out that the lawsuit only brings more eyeballs onto the blog and therefore informs more people of Mr. Smith's behavior at HdR. I certainly would never have heard of it if it weren't for Peter's post here, and that wouldn't have happened without the suit.

Smith strikes me as a really interesting guy, and really interesting guys can sometimes be very difficult. In my experience, if they're not too psycho to run a business, then knowing them is a net positive experience. Bottom line is that his wines seem to be out of my price range, but if he ever invites me for dinner you can bet I'm going!!


In Washington he's considered something of an idosyncratic wild man. I met him once at his winery during the Spring Barrel Tasting wherein he came over to talk to ask why I was outside playing with the cats instead of in the barn tasting wine. It was a short conversation. :)
My wine shopping and I have never had a problem. Just a perpetual race between the bankruptcy court and Hell.--Rogov
no avatar
User

David M. Bueker

Rank

Childless Cat Dad

Posts

36366

Joined

Thu Mar 23, 2006 11:52 am

Location

Connecticut

Re: Legal action against comments about wine on a blog

by David M. Bueker » Fri Oct 01, 2010 8:04 am

Jenise wrote:In Washington he's considered something of an idosyncratic wild man.


I can't imagine why. :wink:
Sideshow Bob.jpg
You do not have the required permissions to view the files attached to this post.
Decisions are made by those who show up
no avatar
User

Dale Williams

Rank

Compassionate Connoisseur

Posts

12044

Joined

Tue Mar 21, 2006 4:32 pm

Location

Dobbs Ferry, NY (NYC metro)

Re: Legal action against comments about wine on a blog

by Dale Williams » Fri Oct 01, 2010 8:08 am

Mike Filigenzi wrote: therefore informs more people of Mr. Smith's behavior at HdR.


While I'm not a fan of lawsuit culture, it was hard not to read those reports without thinking "well there's someone out there with an absolute slamdunk case if she chose to sue for sexual harassment in the workplace"
no avatar
User

Jon Peterson

Rank

The Court Winer

Posts

2981

Joined

Sat Apr 08, 2006 5:53 pm

Location

The Blue Crab State

Re: Legal action against comments about wine on a blog

by Jon Peterson » Fri Oct 01, 2010 8:35 am

Dale Williams wrote:
Neil Courtney wrote:Am I missing something here? Why do the lawyers think that Google would have anything to do with this case? Maybe if they had have asked Blake Gray's ISP, or Blogspot, what the person(s) IP addresses were then they might have more luck getting the information.


Pretty sure Blogspot is owned by Google.


In addition to Dale's answer, the unwritten rule is that you sue everybody and then drop them as a party later if necessary; this is a pretty standard practice.
no avatar
User

James Roscoe

Rank

Chat Prince

Posts

11069

Joined

Wed Mar 22, 2006 6:43 pm

Location

D.C. Metro Area - Maryland

Re: Legal action against comments about wine on a blog

by James Roscoe » Fri Oct 01, 2010 10:42 am

Jon Peterson wrote:
Dale Williams wrote:
Neil Courtney wrote:Am I missing something here? Why do the lawyers think that Google would have anything to do with this case? Maybe if they had have asked Blake Gray's ISP, or Blogspot, what the person(s) IP addresses were then they might have more luck getting the information.


Pretty sure Blogspot is owned by Google.


In addition to Dale's answer, the unwritten rule is that you sue everybody and then drop them as a party later if necessary; this is a pretty standard practice.

You mean if you can't squeeze money from the insurance company and the economics of the suit demand it. (i.e. the counter suit is going to cost more to defend than it's worth.)

When Jon says everybody, he means everybody up to and including God if feasible.
Yes, and how many deaths will it take 'til he knows
That too many people have died?
The answer, my friend, is blowin' in the wind
The answer is blowin' in the wind.

Who is online

Users browsing this forum: Apple Bot, Bing [Bot], ByteSpider, ClaudeBot, FB-extagent and 1 guest

Powered by phpBB ® | phpBB3 Style by KomiDesign