A twist on impersonating online

[stickyrice]

What is the name of your state? Ohio

I was just reading another post about the legalities of impersonating someone online and this question popped into my head: What if a person creates an online presence using a first and last name as their "alias" or screen name. A common first and last name combination. And they use this screen name to post in forums that are....less than polite? Forums that are not illegal or even unethical, but maybe embarassing if someone found out you visited them.

Then, the real person/people with the common name google their own name, or other people google their name and find these forums and make assumptions about the common named person.

Is that illegal? Or just obnoxious?

 

[fairisfair]

What is the name of your state? Ohio

I was just reading another post about the legalities of impersonating someone online and this question popped into my head: What if a person creates an online presence using a first and last name as their "alias" or screen name. A common first and last name combination. And they use this screen name to post in forums that are....less than polite? Forums that are not illegal or even unethical, but maybe embarassing if someone found out you visited them.

Then, the real person/people with the common name google their own name, or other people google their name and find these forums and make assumptions about the common named person.

Is that illegal? Or just obnoxious?

obnoxious. . . .

 

[quincy]

Actually, you can find yourself facing a lawsuit, even when you were not "impersonating" a person you imagined to be real.

Authors have been sued before, for instance, for creating a name for a character in their novels that was identical to a real person's name. People reading these novels have connected the real person to the fictional character - even when there was no intent by the author to fashion a character after a real person. If the person suing can demonstrate any sort of relationship between themselves and the author, they actually have a good chance of winning such a suit.

You will often see disclaimers in the front of novels, saying something like, "This is a work of fiction and names, characters, places and incidents are the product of the author's imagination. Any resemblance to actual persons, living or dead, is entirely coincidental." These disclaimers do not really protect an author from a lawsuit, but it does give notice of an author's intent to create totally fictional characters, which can assist the author in fighting a lawsuit. Even so, most publishing companies have insurance to cover suits arising from fictional works, should someone decide a fictional character is patterned after them.

This would work the same for websites.

 

[fairisfair]

Actually, you can find yourself facing a lawsuit, even when you were not "impersonating" a person you imagined to be real.

Authors have been sued before, for instance, for creating a name for a character in their novels that was identical to a real person's name. People reading these novels have connected the real person to the fictional character - even when there was no intent by the author to fashion a character after a real person. If the person suing can demonstrate any sort of relationship between themselves and the author, they actually have a good chance of winning such a suit.

You will often see disclaimers in the front of novels, saying something like, "This is a work of fiction and names, characters, places and incidents are the product of the author's imagination. Any resemblance to actual persons, living or dead, is entirely coincidental." These disclaimers do not really protect an author from a lawsuit, but it does give notice of an author's intent to create totally fictional characters, which can assist the author in fighting a lawsuit. Even so, most publishing companies have insurance to cover suits arising from fictional works, should someone decide a fictional character is patterned after them.

This would work the same for websites.

Uh, and this is coming from a guy calling himself Quincy???

I think it would be one thing to pretend that you actually WERE the other person.

Something totally different to choose a signon of PrincessDiana or BillSmith and post things that were "less than polite".

 

[quincy]

There should be a difference, perhaps - but there often isn't.

A person could start a website using the created name of fairisfair, for instance - and this person could create her particular fairisfair with all sorts of disturbing characteristics. The created fairisfair could be a foul-talking, beer-guzzling, spandex-wearing street performer, for instance. Then along comes the real fairisfair, who Googles her name and, surprise, up pops this created website. The real fair's employer does the same thing, as do all the members on FreeAdvice - who are aghast.

It is discovered by reading the website that, by chance, both the real fair, and the fake fair created for the website, live in New York City. They both drive beat-up Hondas. They both have blue eyes. Similar traits start adding up - and all of a sudden, every one on FreeAdvice begins to think their very own beloved fairisfair is the same fairisfair posting on the created website. This, even when the creator of the website had no intention of patterning the fake fairisfair after the real fairisfair at all. The similarities in the cars, the city, and the eyes (and perhaps the beer-guzzling ) are all just an eerie coincidence.

And, because of this eerie coincidence, the creator of the website might find herself sued by the real fairisfair - especially since the real fairisfair is independently wealthy and has nothing better to do with her money than to spend it pursuing justice. Intent on clearing her name, and with a lot of time on her hands to sue, thanks to the website causing her recent unemployment (foul-talking and beer-guzzling were fine, but fair's employer has a thing about spandex), fairisfair goes after the website owner.

The real fairisfair could potentially win a suit, too, if a court decides the similarities are much too significant to be mere chance - even when that is just what they were.

That is why writers try to be very careful when creating characteristics and names for the characters in their novels, and why publishers carry insurance. And why I am just a single-named Quincy.

 

[fairisfair]

There should be a difference, perhaps - but there often isn't.

A person could start a website using the created name of fairisfair, for instance - and this person could create her particular fairisfair with all sorts of disturbing characteristics. The created fairisfair could be a foul-talking, beer-guzzling, spandex-wearing street performer, for instance. Then along comes the real fairisfair, who Googles her name and, surprise, up pops this created website. The real fair's employer does the same thing, as do all the members on FreeAdvice - who are aghast.

It is discovered by reading the website that, by chance, both the real fair, and the fake fair created for the website, live in New York City. They both drive beat-up Hondas. They both have blue eyes. Similar traits start adding up - and all of a sudden, every one on FreeAdvice begins to think their very own beloved fairisfair is the same fairisfair posting on the created website. This, even when the creator of the website had no intention of patterning the fake fairisfair after the real fairisfair at all. The similarities in the cars, the city, and the eyes (and perhaps the beer-guzzling ) are all just an eerie coincidence.
And, because of this eerie coincidence, the creator of the website might find herself sued by the real fairisfair - especially since the real fairisfair is independently wealthy and has nothing better to do with her money than to spend it pursuing justice. Intent on clearing her name, and with a lot of time on her hands to sue, thanks to the website causing her recent unemployment (foul-talking and beer-guzzling were fine, but fair's employer has a thing about spandex), fairisfair goes after the website owner.

The real fairisfair could potentially win a suit, too, if a court decides the similarities are much too significant to be mere chance - even when that is just what they were.

That is why writers try to be very careful when creating characteristics and names for the characters in their novels, and why publishers carry insurance. And why I am just a single-named Quincy.

ah, and as always, the perfect defense. . . . . LOL

 

[Silverplum]

A person could start a website using the created name of fairisfair, for instance - and this person could create her particular fairisfair with all sorts of disturbing characteristics. The created fairisfair could be a foul-talking, beer-guzzling, spandex-wearing street performer, for instance. Then along comes the real fairisfair, who Googles her name and, surprise, up pops this created website. The real fair's employer does the same thing, as do all the members on FreeAdvice - who are aghast.

Naw. I wouldn't be aghast.

I'd laugh at the resemblance!

 

[quincy]

Ha. I captured her pretty well, did I?

Where is fairisfair recently, anyway? She has not given me any grief in a long time.

 

[garrula lingua]

"spandex-wearing street performer ?!!??"

That was a good one. ROTFLMAO.