I work for a large firm. We would be too expensive for this type of case, but there are small firms that would probably take this case on. Hmmm…..file a suit or go out of business. File a suit or go out of business. I don't think they think it'll be easy, but seriously, what choice do they have? Shouldn't they at least explore their options? Maybe talk to a real lawyer?
It sounds like the developer screwed up and left his IP address on a few of the posts. In civil litigation, the standard is a preponderance of the evidence. That's 51%, not 99%. I haven't seen the evidence, but based on what they're representing, it sounds ilke it would be sufficient to tie the developer to the posts. Has anyone considered how the equities of a situation influence judges' decisions? We're not talking about prior restraints on speech. We are talking about getting a judgment to delist and take down false and defamatory comments, plus maybe some prophylactic relief to help restore the reputation of the company.
There is a line of Supreme Court cases that address the issue of personal jurisdiction in the context of extra-territorial defendants. As much fun as it would be to engage in a free ranging debate of constitutional jurisdictional jurisprudence on a set of undocumented facts, I actually have a brief to write tonight! Just felt that there are options and viewpoints that weren't being represented.
I'm not interested in getting into an armchair debate. This message is intended for Arctic Jewelry55. Go consult an attorney who works in this area and see what they have to say. Do not rely on forum advice to make your decision. If it's too costly to file suit, then do whatever you can to restore your reputation and I hope that it works out, but at least go talk to a lawyer in person. Many offer free consultations.
Ah….back to making the world safe for tobacco.