Barbara Bauer’s case was dismissed. Michele tipped me off to the news, but I went and found the Newark Star-Ledger article on NJ.com.
A Superior Court judge in Freehold today tossed out a lawsuit brought by a New Jersey literary agent against Wikimedia, the company behind the online encyclopedia Wikipedia . . . Judge Jamie S. Perri ruled interactive web services are not liable for publishing material created by others . . .
This, mind you, is on top of a U.S. Supreme Court ruling that blogs, by their nature are opinion, and libel and defamation claims are not actionable against blog owners.
According to an Asbury Park Press article:
Perri cited the Communications Decency Act, enacted by Congress in 1996 to promote free speech over the Internet. The act immunizes a provider of interactive computer services from liability for publishing content provided by another.
[. . .]
Perri did not rule out the possibility that Bauer may file an amended complaint . . .
So, it’s possible that she can convince her lawyer(s) to file an amended suit, but if her lawyers are dumb enough to take the case in the first place, it’s not unlikely they’ll jump at the chance to take her money and go ahead with it.
Bauer also named 19 individuals and an organization known as Science Fiction and Fantasy Writers of America in her defamation suit, alleging they made false and damaging statements about her on numerous Internet sites. Only Wikimedia challenged the lawsuit in court today, and complaints against the other defendants will stand.
It sounds to me like this woman will soldier on, in her ever-losing battle against the internet, which is ever so mean to her (and apparently very effective at warning away the pigeons).
This one’s for you, Barbara:
She’s going after SFWA? Fool.
YAAAA!
I mean, of course, that her case was thrown out.
I’m sure it has to do with the Writer Beware connection, Mike.
Oh, clearly. But that won’t stand up either.
Before it is over, her butthurt reactions will get her laughed out of court and elsewhere.
Teh internet is a battlefield; enter at own risk.
duck and cover, Barbara.
Oh, Barbara Bauer. Silly, silly Barbara Bauer. What a silly Matawan literary agent that Barbara Bauer, Ph. D. is. Oh, wait, did I say “literary agent”? Barbara Bauer hasn’t done that for years.
You’re welcome. I do find the case idiotic interesting because whether they go through with it or not this is the sort of thing then nitwits threaten to do. It’s nice to know how the courts rule on these things.
Ugh, forgive my typos. *insert rolling eyes here*
Signpost at teh Interwebz: Abandon hope all who enter there.
I thought it was “Abandon all hope, ye who enter here.”
But then again, I also remember two different versions of the kiddie bean/fart song:
1. “Beans, beans, they’re good for your heart. The more you eat, the more you fart . . .”
2. “Beans, beans, they’re magical fruit. The more you eat, the more you toot . . .”
I do get your joke — don’t worry. I just wanted to have a little juvenile fun with it.