Welcome to Legal Musings where I try to blog about something going on in the legal world.  Often the topic will include writing, copyright..etc.  Sometimes it won’t.

As the internet has exploded with millions of blogs and people who comment…the question arises as to whether or not you can sue someone for a comment hurting your feelings, or worse, damaging your reputation. 

The quick answer is…it depends.  Yeah.  Welcome to the law. 

Interestingly enough, the The Federalist Papers, penned by James Madison, Alexander Hamilton, and John Jay, were published under the pseudonym “Publius.”  So even way back when, critics were anonymous.

So, there’s an interesting case in federal court where one guy (Max)  wrote about another guy’s (Dimeo) event party…and then other people ripped the party apart, basically saying the party sucked.  Several of the comments were anonymous.  So, Dimeo sued Max for defamation, citing those anonymous comments by other people.  The court didn’t buy it.  Dimeo lost on the defamation claim because, well, Max is like Google.  Yeah, Google. 

Interestingly enough, the court used the same analysis with Max as it did with the large GOOGLE case I cited a few weeks back. (Parker v. Google).   Max is like Google???  Well, under a CDA (Communications Decency Act) analysis, Max is like Google and thus gets immunity.

Three elements are required for § 230(c)(1) immunity. First, the defendant must be a provider or user of an “interactive computer service.” Second, the asserted claims must treat the defendant as a publisher or speaker of information. Third, the challenged communication must be “information provided by another information content provider.  (The commenters).  Dimeo v Max, 433 F.Supp.2d 523 (E.D.Pa.,2006).

So, at least in the federal district court in PA, Max (and thus any of us with a website) has the same immunity as Google when it comes to third party comments.  Wozza.

I thought this was an interesting way for the court to finish its opinion.

“Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on the Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar-in a word, “indecent” in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice.”  Dimeo at 533.

So, keep in mind this is one federal district court opinion only.  There are many other jurisdictions, and this case didn’t go up to the appellate or supreme court. 

When I get some time, I’d like to delve into the CDA, considering some of it (not any of the parts cited above) have been found unconstitutional.  For now, let’s be nice as commenters.  While our words MAY not be actionable, there are still several federal laws dealing with harassment we really don’t want to mess with.  I’ll go into a few of those at a later date. 

DISCLAIMER:  So, I’ve been getting more comments about my disclaimer than the blog entries.  🙂  No, the mermaid isn’t naked.  Yes, she has a shield and sword because the law is both a shield and a sword.  In a disclaimer, it’s a shield.  A big one that I’ll hit you over the head with if you take anything I say as legal advice.  Yeah, I’m being accurate.  But I’m not your lawyer.  This is not intended to be legal advice.  You may not rely on any of it (except me hitting you with the shield) as legal advice.  For the love of Pete – there are tons of starving lawyers out there.  Go hire one if you need one.  🙂

UPDATE:  Congrats to Danielle Gibbs and Judy C. for winning the signed coverflats!  Yeah, I gave away two.  🙂

Hi All!  The Magnificent Megan sent me some coverflats for CLAIMED this weekend – I’d love to sign one and send it off to you.  So leave a comment at the end for a random chance to win. 

The wonderful Cynthia Eden provided a cover quote for us, saying that CLAIMED is a “paranormal romance at its best!”  Here’s the back cover copy:

A DARING RESCUE

Emma Paulsen is a geneticist driven by science.  But she’s also a psychic, so when a dark, good-hearted vampire frees her from the clutches of the evil Kurjans, she realizes he must be the man who’s been haunting her dreams.  But with a virus threatening vampires’ mates, Emma may discover a whole new meaning of ‘lovesick’…

A DEADLY DECISION

As King of the Realm, Dage Kayrs has learned to practice diplomacy.  Still, it’s taken three hundred years to find his mate, so he’ll stop at nothing to protect her–even if it means turning his back on his own kind…

So leave a comment for a chance to win.  If you need a prompt…what do you like about vampires, shifters and/or witches?  Or, in the alternative, how is your spring going?  It snowed here last week.  🙂

UPDATE:  Congrats to Miranda for winning the signed copy of FATED!

Welcome to the Year of the Rabbit Blog Hop!  This time we used a random scene generator and my characters are:  a Bounty Hunter, a Hitman and a Cowboy.  Three adjectives to describe them:  Weathered, Harried and Stubborn.  The scene takes place in a Library.  The first line has to be: Bloody footprints. What a way to start the weekend.  Also, this line of dialogue has to be used: “Why don’t you take off your shirt?”

Bloody footprints.  What a way to start the weekend.  Bonnie Pearce steadied her gun, winding around stacks of books.   The town library at midnight was spookier than she’d expected.  Pure stubbornness kept her moving forward.  She’d shot her prey outside, which accounted for the bloody prints.

Soft light glinted off metal racks, winding down from high above skylights.  The moon.  Full and bright. 

A hand clapped on her shoulder, jerking her behind a row of adult fiction.  She bit back a yelp.  Twirling, she leveled her gun on a broad chest.  Her gaze rose to a hard cut face under a battered Stetson.  Temper swirled at the base of her skull.  “Damn it,” she hissed.  “I told you to stay at the ranch.”

Grey eyes narrowed in a weathered face.  “Darlin’.  If you’re in danger here, I’m in danger here.”  Walker’s voice, rough and deep, shivered right down her spine.  Sexy as hell.  And just as deadly.

She glared at Walker Jameson, the one man who could ignite her body with a look.  “You’re on leave, cowboy.  I’m not.”  Of course, the second he found out about the baby, he’d probably request she take a leave of absence from bounty hunting.  Yeah, request.  Like the man ever requested anything.

“I’m fine.”

“Yeah?  Why don’t you take off your shirt?”  She smiled without any humor.  He’d been shot merely a week ago…no way had he healed completely.

“Take yours off.”  Lethal charm coated his smile even as he angled her to the side.  “Where is this bastard?”

“Young adult fiction.”  She tilted her head.  They’d been tracking Mason Jones for almost a month.  The well trained hitman had put a bullet in Walker.  She’d felt damn good returning the favor.

The rack teetered.  A body shot forward, tackling her into Walker.

Walker growled, bringing the butt of his gun down on Mason’s head.  The hulking killer dropped to the side, out cold.  Lines cut into his harried face…running from them had obviously taken a toll.  Blue and red lights swirled outside right before the swat team rushed inside, guns drawn.

“Well.”  Bonnie shoved to her feet.  “You called for back-up.”

“Not for Mason.”  Walker kicked the hitman to the side.

She stilled.  “For what?”

“For you.  We’re quitting, sweetheart.”

The baby.  He knew about the baby.  “Why?”

“I’m tired of getting shot at.  I own the ranch, we can work it.” Walker grabbed her hand, sliding a diamond solitaire on her finger.  “Settle down…maybe have a couple of kids someday.  What do you say?”

Bonnie glanced around at the unmoving swat team, their tough faces expectant.  She smiled.  “Someday’s coming sooner than you think, cowboy.  I say yes.”

So…thanks for reading my scene here.  Feel free to leave a comment below and have a very Happy Easter!  If you’ve fallen off the hop…click on this link to jump back on.

 UPDATE:  Congrats to Brans for winning the signed copy of FATED!

Thanks so much for stopping by today!  I love a good hop!  This is my first Easter Hop…stay tuned for another one next week.  Today I’m giving away a signed copy of FATED to someone commenting today…no restrictions on where to send it.  The farther the better…I’m still hoping to get a dot on the map below from someone in Iceland.

I’m gearing up to start promoting CLAIMED, which is book 2 in the Dark Protectors and will be out late October.  But I’ll have some ARC’s to give away this summer.  So here’s a brief peek at the king’s story:

Emma glanced to Talen’s side and fought to keep her mouth from hanging open.  Dage stood in the doorway dressed in a black tux—all powerful male animal.  The sharp angles of his face enhanced those amazing eyes.  Even in the civilized garb, something not quite tame emanated from him.

His gaze swept her head to toe.  “You’re wearing my colors, love.”  He stalked forward and leaned down to brush her cheek with a kiss.  “Soon you’ll be wearing me,” he whispered for her ears only.

Desire blasted into her even as she stepped back.  She liked things organized, nicely lined up in test tubes.  There was nothing nice about Dage, and she sure as hell couldn’t predict him.  And any outcome she’d envisioned ended with the king destroyed.  Because of her.  She shook her head.  “No.”  Damn but that sounded breathy and unsure.

His eyes hardened but he didn’t get a chance to respond because Janie threw herself into his arms.  “Uncle Dage.  Do you like my dress?”

An astonishing change came over the king.  His face softened, his eyes glowed as he caught the little girl and stood her on a cherry wood end table.  “You’re beautiful, Janie.”  His smile crinkled the corners of his mouth.

“Like a princess?”  The little girl breathed.

Dage held her tiny hand with a delicate touch Emma would have to be blind to miss.  “You are a princess, sweetheart.”

The smile bursting across her niece’s face reached Emma’s heart.  An odd relief eased her mind.  Janie’s safety wasn’t only on her shoulders anymore.  Dage and Talen were more than equipped to keep the little girl safe should the worst happen.  In case she failed to find a way to cheat death. 

Talen cleared his throat.  “Maybe we shouldn’t go to the dinner tonight.  I’m armed, but…”

Cara shook her head.  “Oh no, I am so going.  I’m starving.”  She tucked her arm through Talen’s and held out a hand to Janie.  “Come on, sweetheart.”

Dage set the little girl on her feet.  “We’ll be right behind you.”  His gaze dared Emma to refuse.

Cara gave her a lopsided grin and tugged her family out the door.  “See you at the ball.”

Emma inched toward the door.  “Let’s go to the dinner, Dage.”

He shifted his weight, effectively blocking her way.  “I thought we’d get a couple of things clear, love.”

Butterflies took flight in her stomach.  “Like what?”  She lifted her chin.  Damn but that sandalwood scent made her want to tackle him to the floor and shred clothing until she reached his flesh.

His calloused finger traced a path along her jaw and she had to quell the warmth in her core.  “First, you need to understand it’s well known you’re a probable mate—my mate.”

She drew breath in, counting slowly to five, fighting the urge to tap her pretty shoe on the plush maroon carpet.  The idea of his naked skin slowly wafted away as temper slid in.  “I choose my own destiny, Dage.  Period.”

He nodded.  “Of course.  Tonight you’re going to choose to finish what we started in the cave.”  Clasping her chin between his thumb and forefinger, he leaned down to brush her mouth with his.  Once, twice and then a third time. 

She tightened her shoulders, fighting the need to grab him.  Desire beat against her independence.  Her mind ruled her body, not the other way around.  Yet her hands drifted up his jacket, the soft fabric tickling her palms.  Her knees trembled and she clutched his lapels, yanking him closer and taking his mouth.  She slid her tongue in and explored.  Mint and male exploded on her taste buds and she groaned. 

Independence be damned.

So leave a comment on anything you want.  It is tax day.  And a beautiful weekend.  If you need a prompt…what do vampires have in common with the Easter Bunny?  (That should get your creative mind flowing!)   🙂

CLICK HERE to return to the HOP.

Hi and welcome to Legal Musings!  I try to talk a bit about laws dealing with writing and copyrights…but not always.  Today I’m still behind from attending the RT Convention (more posts to follow) so here’s my legal analysis.

Teeth, at least in Oregon, are not considered a dangerous weapon.  Who knew?  More importantly, why does it matter?  Well, assault with a dangerous weapon is so much worse than just plain assault…more jail time. 

A couple of drunk guys got into a fight in a Oregon bar…and one bit the ear of the other.  The biter was charged and convicted for first degree assault, and the lower court determined his teeth were dangerous weapons.  (No, he’s not a vampire).  The guy got 90 months in jail.  The appellate court disagreed, stating that teeth are not external to the human body, so they can’t be a dangerous weapon.  State v. Kuperus, WL 1005364 (2011)

This brings up the question:  what if someone uses dentures?  I mean, those are external to the human body, so…I guess we’ll just have to wait for that case to appear in Oregon.    (Thanks to Rita for sending me the link to the case!)

So…what else has been determined not to be a dangerous weapon?

THE OCEAN:  Yeah.  This guy named Shea invited two women onto his boat off the Massachusetts shore and when they wouldn’t get naked with him, he threw them overboard and drove away.  He was charged with a whole bunch of crimes, including assault with a dangerous weapon (the ocean).  The Massachusetts Court held that the ocean couldn’t be a dangerous weapon because the defendant had no control over it.  Though Shea still ended up in jail for the other crimes.  Commonwealth v. Shea, 38 Mass.App.Ct. 7 (1995).

You know what have been found to be dangerous weapons?  (Depending on jurisdiction).  Mace, Bb guns, chairs, wrenches, concrete…

CYA Disclaimer:  This is not legal advice.  If you want to bite someone, I wouldn’t, but it’s up to you.  Think of the germs.  Yuck.  If they bite you, I still wouldn’t bite them back.  But again, this is not legal advice.  Don’t take this as legal advice.  It is not intended as legal advice.  If you bite someone, you’re on your own.