FanDuel - WFBC

October 23, 2006

Talkin' 'Bout My Litigation: Venturing outside the sports world a bit here, but it tangentially involves SportsFilter: Radio host Art Bell's threatening to sue me over comments posted on one of my sites.

posted by rcade to navel gazing at 09:16 PM - 77 comments

Coincidentally, SportsFilter was contacted by a lawyer recently in regard to a lawsuit against a member. He wanted to know the IP addresses used by that member in comments here. The admins discussed the subject and decided that in order to protect user privacy, we would not release that kind of information unless compelled to do so by a subpoena.

posted by rcade at 09:18 PM on October 23

Jeezus. For real? I know a little about Art Bell, but not enough to have an opinion about the case, except that it sounds more than a little misguided. As far as the Spofi thing, that's kind of odd as well. Thanks for having our backs on it, anyway. I would expect (hell, I would hope) you're on pretty strong legal footing in both cases.

posted by chicobangs at 09:25 PM on October 23

Im a little green on the subject as well, but this post has given me a chance to check out the other things you are involved with. I'm very impressed. keep doing what you do bud, we are behind you all the way!

posted by louisville_slugger at 09:45 PM on October 23

Who the fuck is Art Bell? Never heard of the cat. Sounds like a sweet pile of meh, to me rcade. He doesn't appear to have the shredded fibres of a case. Interesting, though. Stupid internet.

posted by WeedyMcSmokey at 09:59 PM on October 23

Coincidentally, SportsFilter was contacted by a lawyer recently in regard to a lawsuit against a member. He wanted to know the IP addresses used by that member in comments here. Look, for the last time, I don't know how that car got in the tree, and as for the grandma - well, she shouldn't have mouthed off like that.

posted by WeedyMcSmokey at 10:01 PM on October 23

Rogers, I think you might want to check your back for a "sue me" sign.

posted by justgary at 10:07 PM on October 23

The second Art Bell post, about his remarriage, has drawn over 1300 comments. Let's see T.O. do THAT. Today I learned that I have a lot in common with Tommy Horseonovich Colligan. And some guy who calls himself JustSomeGuy is a dweeb. And SportsFilter isn't rcade's most popular site. Bummer. (I know rcade's real name, but I'm sure not going to say it out loud now. Or ever. You're taking a real chance there, justgary.) That SportsFilter suit... the lawyer didn't mention Greg Maddux, did he? Man, I hope he knows we're kidding... Presumably, the lawyer wants IP addresses because the user doesn't post an e-mail address. Phew. Good luck with that stuff, rcade.

posted by BullpenPro at 10:27 PM on October 23

Bell knows that you have a deep pocket, Pope Benedict XVI and a space alien told him so.

posted by chris2sy at 10:28 PM on October 23

How can this be? Does Art Bell not know that it is blasphemy to sue the owner of the Holy Father's site? It is time for the Vatican to step up and declare a Holy Crusade upon Art Bell's sacrilegous acts! and btw, bullpen, unlike most of us, rcade has never hidden his real identity. Most Americans (and I'd daresay most Catholics who own televisions worldwide) have seen him on their national or cable networks.

posted by worldcup2002 at 10:30 PM on October 23

That SportsFilter suit... the lawyer didn't mention Greg Maddux, did he? Man, Maddux doesn't need to litigate, he just goes ahead and terminates the problem with extreme prejudice. (but I do think it was BullpenPro who said something defamatory and I will testify against him to that fact...so there).

posted by chris2sy at 10:32 PM on October 23

Not funny at all. I mean, the jokes are funny and all...but this isn't funny. I'd prefer not to get sued, but if he wants to test Section 230 in court, I think it's a principle worth fighting for Been down that road, Rcade. If you want an education on how fucked up the legal system is...go ahead. I've been involved on the "winning" side of a Rule 11. Don't get too excited about being right or being protected by the current law. You will still need to defend yourself. The legal process will lean towards him, you will be in the dogfight of your life. Does he have a case that will get him a free attorney? If he does and you don't...back away. Winning a fraudulant lawsuit=$12,000 in sanctions(that will never be paid) Attorney's fees after two horrendous years=$200,000 and the loss of a 45 year old family business. Yeah, we won.

posted by tselson at 11:27 PM on October 23

I thought he was dead. Go figure.

posted by geekyguy at 12:26 AM on October 24

I, for one, welcome our new litigious overlords. HI LAWYERS!!

posted by jerseygirl at 06:42 AM on October 24

He wanted to know the IP addresses used by that member in comments here. As part of their pursuit of that member in an unrelated matter? Or as part of a lawsuit solely based on comments made on SpoFi?

posted by Venicemenace at 07:37 AM on October 24

What in the world!!!!! Who is Art Bell???

posted by yzelda4045 at 07:43 AM on October 24

I don't know how strongly the lawsuit is affected by the member's comments here. I reviewed all of the contributions, which weren't frequent and ended more than a year ago, and had trouble figuring out how they could be relevant to a suit.

posted by rcade at 07:43 AM on October 24

Art Bell's a popular middle-of-the-night radio host with a syndicated show devoted to the paranormal. He entertains wild speculation on alien visits, reverse speech, secret conspiracies and other stuff. He talked up Y2K up until the date it didn't end civilization as we know it. I used to listen occasionally when I couldn't sleep, but eventually decided it was one of the reasons I couldn't sleep.

posted by rcade at 07:45 AM on October 24

Somebody's ex: "I don't know where that mo-fo is but I do know he spends half his time on SpoFi! that SpoFi usin' mo-fo!" That, or Maddux hunting down and slaying a randomly selected SpoFi member, just to send a message to the rest of us.

posted by Venicemenace at 07:46 AM on October 24

Thanks, rcade. I stopped listening to late night radio years ago because it also prevented my sleeping at night. Lets hope that Art Bell find another outlet for his sleeplessness..

posted by yzelda4045 at 07:58 AM on October 24

Lets hope that Art Bell find another outlet for his sleeplessness.. I believe that's how this whole mess got started. and btw, bullpen, unlike most of us, rcade has never hidden his real identity. I'm aware. I was just riffing off the silly comments on rcade's (other) site. tselson, that is a terrible story. Knowing almost nothing about the case, it sounds more than anything like your lawyers took you for a ride. Sorry to hear about that. but I do think it was BullpenPro who said something defamatory and I will testify against him to that fact...so there And here I had just finished saying the nicest things about you. Get my lawyer on the phone. I'm suing rcade. At first blush, that Section 230 looks like it could use some tweaking. It seems to me to be creating a sanctuary for all kinds of mischief. I sure hope we don't have to start up a DropCash campaign for rcade's legal fees. Again, best of luck rcade.

posted by BullpenPro at 08:58 AM on October 24

Get Art Bell in one of our fantasy leagues for a good sound a$$ whoppin'! Of course, he could probably tell who's gonna get hurt ahead of time.

posted by trox at 09:11 AM on October 24

In other news, apparently Art Bell isn't dead after all. Who knew?

posted by NoMich at 09:11 AM on October 24

I would imagine that any lawsuit that might involve Art Bell taking the stand on his own behalf would end badly for him. Lawyer: "You're Art Bell, is that right?" AB: "Yes, I am." Lawyer: "So you're the guy who thinks we reveal our innermost truths in reverse speech, thinks the Air Force has technology given to them by aliens and has run off to marry a 21-year-old Filipino woman less than four months after the death of his wife?" AB: "Err ... yes." Judge: "Right. Case dismissed. Your credibility is about as good as Aleksey Vayner's."

posted by wfrazerjr at 09:15 AM on October 24

It looks like he won't have much success, but tselson is right that litigation is expensive no matter which side has the law on its side. A quick look found this one. Anthony DiMeo, III v. Tucker Max Civil Action No. 06-1544, (E. D. Pa., May 26, 2006) Communications Decency Act immunizes operator of message board from defamation claims arising out of posts appearing thereon that were authored by others. Such immunity extends to the defendant operator notwithstanding plaintiff’s claim that the defendant edits posts that appear on his boards, and selects posts that will either be published thereon, or removed therefrom. The Court accordingly dismissed with prejudice defamation claims asserted by plaintiff Anthony DiMeo III arising out of offensive postings that appeared on defendant’s message boards.

posted by bperk at 10:07 AM on October 24

Your credibility is about as good as Aleksey Vayner's Actually, the litigation story is a cover for the secret martial arts tournament taking place in the Philippines where Vayner, Rcade, and Bell will fight to the death to settle things once and for all...

posted by chris2sy at 10:15 AM on October 24

and then... ballroom dance and break bricks with their bare hands.

posted by jerseygirl at 10:21 AM on October 24

If Art makes it a class-action suit, I'll join in, simply because I'm tired of being the only person in America who hasn't sued anybody. That, and I've had my eye on Cadenhead-a-Lago for some time now.

posted by The_Black_Hand at 10:21 AM on October 24

For a small fee, I will teach rcade the dim mak.

posted by lil_brown_bat at 11:51 AM on October 24

I used to listen occasionally when I couldn't sleep, but eventually decided it was one of the reasons I couldn't sleep. You show 'em, rcade. NOBODY fucks with the sleep of a Berkner Ram!

posted by Texan_lost_in_NY at 01:19 PM on October 24

jerseygirl, maybe you could save SpoFi some trouble if you just apologize to that guy selling the Ron Duguay poster. I mean, what a guy wants to do with his wife and a random cheetah in the privacy of their own home, is really none of our business.

posted by MrFrisby at 02:22 PM on October 24

I've already prepared my defense. Let me run this by you. I am not a lawyer, but I do watch a lot of Law and Order, so I feel I am qualified. He was asking to be mocked, your honor. It was, after all, a frigging cheetah used as a paper weight. Defense rests. Good right? Yeah I thought so too.

posted by jerseygirl at 03:03 PM on October 24

wait, being as that i won the auction for said poster, i won't be called to testify, will i?

posted by goddam at 03:10 PM on October 24

wait, being as that i won the auction for said poster, i won't be called to testify, will i? Hung it on the ceiling over your bed? Of course you did! Who wouldn't!

posted by jerseygirl at 03:18 PM on October 24

Ron Duquay better be on the no-fly list, because it ain't legal for him to board a plane with those guns.

posted by rcade at 03:24 PM on October 24

True enough, rcade, true enough. We've finally found the WMDs.

posted by jerseygirl at 03:27 PM on October 24

The blindingly white pants should qualify as a weapon.

posted by dusted at 04:49 PM on October 24

The stapler and the cheetah totally sell that poster. Just not to me.

posted by chicobangs at 05:23 PM on October 24

Hung it on the ceiling over your bed? sadly, no. it's framed and leaning up against the wall at the moment.

posted by goddam at 05:25 PM on October 24

Do you really own the actual Duquay poster that was secured by a cheetah?

posted by rcade at 06:04 PM on October 24

yup. well, i assume it's the same one anyways. somehow i doubt the guy has more than one of those posters. i posted a pic in the original locker room thread, but it seems to be among the lost.

posted by goddam at 06:39 PM on October 24

Rcade, the request for IP addresses that you got looks like a fishing expedition. My knowledge of the US legal system is necessarily limited, but I believe you have certain inalienable rights, as your country was founded by men with ideals. Ours, on the other hand, was founded by men with convictions. Mostly sheep stealing, a bit of forgery and the occasional murder.

posted by owlhouse at 07:21 PM on October 24

That made me laugh. My girlfriend asked me what was so funny and when I repeated the line she laughed so hard she accidentally inhaled the cat. Sweet.

posted by BullpenPro at 09:59 PM on October 24

I'm so happy I could help that poster find a home.

posted by rcade at 07:04 AM on October 25

I didn't know you bought the poster, goddam. That's great. That Duguay is one finely coiffed dude. Obviously some kind of meta-human. In a small but significant way, the cheetah proves this.

posted by WeedyMcSmokey at 08:56 AM on October 25

I'm so happy I could help that poster find a home. i am forever in your debt, rcade.

posted by goddam at 08:58 AM on October 25

Life's been good to you lately, goddam. Between the Uni Watch shoutout and the steaming hunk of manmeat that is The Duguay, you are living a Certain Kind of Large.

posted by chicobangs at 09:29 AM on October 25

Indeed. Unsatisfied with the Grande, she ordered the Venti. And it was hot. Did you ask the poster owner to throw in the cheetah, the stapler, the can and the roll of tape? I would like a poster of that picture of the poster.

posted by BullpenPro at 10:02 AM on October 25

Chest-to-stomach-hair turnpike. When was this sexy again?

posted by lilnemo at 01:52 PM on October 25

What'r you talkin about? How's it *not* sexy?

posted by NoMich at 02:15 PM on October 25

Chest-to-stomach-hair turnpike Ought to be a Springsteen song about that particular thruway. I'd settle for Billy Squier even.

posted by yerfatma at 09:10 AM on October 26

Already done. Midnight Oil. "Blue Sky Mine." But if I work all day on my hair turnpike (There'll be a puck in your pocket tonight.) Who's gonna shave me?

posted by BullpenPro at 11:31 AM on October 26

My hovercraft is full of eels.

posted by WeedyMcSmokey at 02:23 PM on October 26

My hovercraft is full of eels English > Portuguese: Meu hovercraft está cheio das enguias Portuguese > English: Mine hovercraft is full of conger-eels "Mad ups" to Babel Fish.

posted by NoMich at 02:52 PM on October 26

Eu não comprarei este registro. É riscado.

posted by DrJohnEvans at 02:55 PM on October 26

Nous avons obtenu à mère les anguilles foutues sur un aéroglisseur foutu de mère ? It just doesn't sound the same when I translate it back.

posted by MrFrisby at 03:18 PM on October 26

What's Portuguese for "cruncheweesy?"

posted by NoMich at 06:53 PM on October 26

Nice...knuckle me.

posted by willthrill72 at 07:15 PM on October 26

My nipples explode with delight!

posted by wfrazerjr at 07:22 PM on October 26

What's Portuguese for "cruncheweesy?" ronaldo?

posted by goddam at 07:26 PM on October 26

Emeril Lagasse?

posted by BullpenPro at 07:58 PM on October 26

BAM!

posted by NoMich at 08:34 PM on October 26

Stop saying cruncheweesy. The attractive quick to anger woman eating Taco Bell with her coworkers tests my marital fidelity.

posted by rcade at 12:49 PM on October 27

She really has that low-level cubicle rage mojo (or, locubrahot) going on, doesn't she. Just a tetch.

posted by chicobangs at 02:03 PM on October 27

I'm pretty level-headed ... but I fully advocate the immediate death of any and all people acting in Taco Bell commercials.

posted by wfrazerjr at 04:07 PM on October 27

posted by goddam at 11:06 PM on October 28

cheetah > mug

posted by jerseygirl at 07:02 AM on October 29

Now if it were a SpoFi mug...

posted by Ying Yang Mafia at 07:26 AM on October 29

Now if it were a SpoFi mug... yeah, i know. i left it in the office. btw, spofi mugs are available here. all proceeds go to rcade defense fund.

posted by goddam at 12:38 PM on October 29

I'm very tempted to get a shirt actually.

posted by Ying Yang Mafia at 01:03 PM on October 29

Man, I keep meaning to order one of those shirts. Who do I speak to about the customization again? Is that you, goddam?

posted by DrJohnEvans at 01:08 PM on October 29

It's a North Stars puck, people. Have some respect.

posted by qbert72 at 01:33 PM on October 29

What's wrong with having jojomfd on the back of your shirt?

posted by Ying Yang Mafia at 02:07 PM on October 29

Can of Schlitz (or PBR?) with old school pull tab > stapler

posted by SummersEve at 03:34 PM on October 29

it's PBR. yeah, doc, i do the customization. i need to recreate the files since the originals are trapped inside a non-operational computer. i'll put up a new locker room post soon.

posted by goddam at 05:58 PM on October 29

The shirt is only $18.99, but the coffee mug is $12.99? That better be some good damn coffee!

posted by The_Black_Hand at 06:37 PM on October 29

The mug comes with coffee?!??

posted by yzelda4045 at 02:48 PM on October 30

Nothing but the best, people. Get it while it's hot!

posted by chicobangs at 03:08 PM on October 30

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