Authors declaring war on Facebook

Its the last frontier. Well aside from outer space.


The internet is not a frontier. It is a completely human creation, governed by human behaviour, and is therefore subject, however imperfectly, to the Rule of Law. If someone purports to put themselves or their activities outside of the Rule of Law, then they should not be surprised if, eventually, it lands on their head like the proverbial ton (or tonne) of bricks.

I don't care whether its in reality or on-line, if you cause someone damage by your neglect or willful actions, or your willful blindness, you are legally responsible, in accordance with the civil law in hundreds of countries, and in particular in the common law in all countries that trace their legal system to England. Negligence is a tort that has existed since a lady found a decomposed snail in the bottom of her bottle of ginger beer (good ol' Donoghue v. Stevenson [1932] UKHL 100), and Facebook has been, at the very least, negligent, and at the most, complicit. This is not an opinion, but established legal precedent, that applies equally to the internet.

Dustinzgirl, you are likely referred to the "duty of care" cases, where websites were held not responsible because they did not perpetrate the damage, and they owed no duty of care to the person damaged (i.e. the rape victims, the suicides, etc.). In this case, Facebook is (or was) abetting the damage to China M., and had done so for some time, and avoided or neglected dealing with it when they have full power to do so, despite his demand. Also, Facebook is responsible for making reasonable changes to its software to prevent damage (i.e. designing a better gas tank). GM and Ford were both nailed for millions, as their poor design led to unnecessary deaths, even though the cause of the accidents had nothing to do with GM or Ford, because the results of the accidents were disproportionate to the cause, due to poor design. It is the same thing with Facebook. If they can institute reasonable changes to their software that would make impersonation more difficult, or would lead to impersonators being removed more quickly, then they must do so, otherwise, they begin building liability, just as Ford and GM did in the 1970s.

That FB has acted, finally, was likely due to their in-house counsel screaming at the top of their lungs to comply with China M.'s demand (only the in-house lawyers, though. The outside, contracted lawyers (i.e. for litigation) were likely waiting with glee for the millions in fees they would be paid due to the stupidity and arrogance of their client).
 
The outside, contracted lawyers (i.e. for litigation) were likely waiting with glee for the millions in fees they would be paid due to the stupidity and arrogance of their client).

Thus why I'm very happy to be leaving just such a private, corporate law practice at the end of the year. It's a sickening profession.
 
On a side note I started following /back reading Mr China's blog recently - absolutely love it and would recommend to a friend.

Is there/will there be a body of international law for the governing of internet sites/usage etc.? Seems a little daft if you can avoid something by setting up in a country where it's legal.

- Clansman: The ginger beer snail has me intrigued, any useless details?
 
On a side note I started following /back reading Mr China's blog recently - absolutely love it and would recommend to a friend.

Is there/will there be a body of international law for the governing of internet sites/usage etc.? Seems a little daft if you can avoid something by setting up in a country where it's legal.

- Clansman: The ginger beer snail has me intrigued, any useless details?

Oh, this case is a favourite of litigation lawyers the world over! Required reading for first year law students in every decent common law Law School on the planet, Donoghue v. Stevenson is the case that created modern negligence law, and was quickly adopted into every common law jurisdiction. A lady was in a restaurant in Scotland, purchased a bottle of ginger beer, the first half of which was poured into a glass, and which she drank. After finishing the first glass, the bottle was emptied into the glass, whereupon the said decomposed snail was found. Needless to say, the woman was a wee bit upset, and sued, obtaining judgment and creating one of the most important legal precedents in history at the same time.

Negligence law has since reached dizzying and even silly heights, particularly in the litigious United States. The famous "yes, it turns out that McDonald's does make hot coffee" case of the mid-1990s is one of the most notorious. A jury awarded almost 3 million in damages at trial because a woman scalded herself after putting her hot coffee between her legs while in her car, then spilling it:

Liebeck v. McDonald's Restaurants - Wikipedia, the free encyclopedia

McDonald's could have settled the case for $20,000.00 right at the beginning (talk about a Homer Simpson moment: DOH!), instead of settling the case at the appellate level for just under $600,000.00 (not to mention paying legal fees of millions of dollars for the multi-year case).
 
Does that not just sum up the whole litigation business up? If I stupidly put a hot container of coffee between my legs and ended up scalding myself then I have only myself to blame. It is all so stupid.

Fortunately we haven't gone quite so far in the UK yet. There was a recent case up here in Scotland where a man was on a climbing course and took a small fall whilst leading. I think he broke an arm and tried to sue the folk running the course. The judge ruled against the claimant and his conclusion went something along the lines of "climbing is clearly and self-evidently a dangerous sport and anyone taking part is implicitly accepting that danger". Mind you I suspect that all the outfits running climbing courses now get their customers to sign disclaimers and the situation is certainly getting worse with more and more adverts appearing from litigation lawyers. Or is it their agents? I think there are constraints on how lawyers can advertise in this country.
 
Thanks to The Judge and Clansman for the info, quite interesting. Does nothing to increase my respect for the legal profession I have to say.

I wouldn't say the UK has that great a record with silly litigation cases, I seem to remember some one suing a house holder because they fell over in front of their house - no-one wants to take responsibility for their own mistakes these days? I worked with someone who sued their employer because they fell off a ladder and hadn't been given any training - a ladder, I mean how much training do you need?

Then again perhaps i just live in the past and this is our present.
 
Had a ladder-related accident? Not wrung enough money out of someone?

Take the first step by contacting one of our litigation stringers. (And if you call before December 22nd you'll receive one of our stylish, free Fall offers....)


*cough*


Seriously, though, ladders can be dangerous, so take care when you use them (particularly in securing the bottom end).
 
Well having worked as a painter for a couple of summers I probably contributed to a good few accidents. I don't believe training would help at all. Baring a rotten/weak ladder I would say most accidents are down to stupidity or a lack of foresight not sure training really helps a great deal.


Some things have not changed. I'm liking the puns big bear!!
 
Does that not just sum up the whole litigation business up? If I stupidly put a hot container of coffee between my legs and ended up scalding myself then I have only myself to blame. It is all so stupid.

Fortunately we haven't gone quite so far in the UK yet. There was a recent case up here in Scotland where a man was on a climbing course and took a small fall whilst leading. I think he broke an arm and tried to sue the folk running the course. The judge ruled against the claimant and his conclusion went something along the lines of "climbing is clearly and self-evidently a dangerous sport and anyone taking part is implicitly accepting that danger". Mind you I suspect that all the outfits running climbing courses now get their customers to sign disclaimers and the situation is certainly getting worse with more and more adverts appearing from litigation lawyers. Or is it their agents? I think there are constraints on how lawyers can advertise in this country.

Nicely sums up the legal principle of volenti non fit injuria: voluntary assumption of risk.
 
Pity there isn't an equivalent "voluntary assumption of responsibility for my own actions". I won't attempt a Latin version :eek:

Yes, the phrase "it turns out McDonald's does make hot coffee" has become more common as a metaphor for a situation where someone ignores the obvious.
 

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