My attorney issued this for all of my readers---
TO ALL READERS OF COFIBEAN'S JOURNAL:
We are really awed by the public's response to this journal. The 15,000+ visitors and 874 comments to his 13 entries in one month is really remarkable. And to that, we would like to extend our gratitude.
Before anything else, let us first give you some facts about this journal/blog:
1. http://cofibean.blogspot.com/ is a personal journal pointing out some personal views, opinions, philosophical musings and commentary on some social issues. Meaning, everything on this site are mere hyperboles and based purely on the opinion of the author.
Definition of BLOG:A weblog or blog (derived from web + log) is a web-based publication consisting primarily of periodic articles (normally, but not always, in reverse chronological order). Although most early blogs were manually updated, tools to facilitate the updating and maintenance of such sites made them accessible to a much larger and less technical population. The use of some sort of browser-based software is now a typical aspect of "blogging."
2. http://cofibean.blogspot.com/ was created on October 1, 2005 by the author, cofibean, whom decided to blog anonymously which is perfectly legal.
The Supreme Court has repeatedly upheld the First Amendment right to speak anonymously: "author is generally free to decide whether or not to disclose his or her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible. Whatever the motivation may be...the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry. Accordingly, an author's decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment."
3. http://cofibean.blogspot.com/ resides on a public server which is Blogger.com, which is an easy-to-use website in publishing users thoughts and at the same time interact with people, which is given to the public for free. Blogger is located in San Francisco therefore covered by the US Federal Law section 230 which states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This federal law preempts any state laws to the contrary: "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." The courts have repeatedly rejected attempts to limit the reach of Section 230 to "traditional" Internet service providers, instead treating many diverse entities as "interactive computer service providers."
And now for some legal issues:
Below are some legal liabilities accused of this site and we would like to quote one:
I would just like to inform everyone that this is a dangerous way of creating fun. You see, this blog has many infractions against legality. Anybody can sue the author. If I were really a freak, I would have done so. But I'm not the kind that will waste my time and effort for a piece of @#&%@. Sure do I can get a lot of money if I successfully prove this $#^%$ guilty. It's either I sue the author of this blog or I sue the moderators(Google) for allowing such blog to exist in their database. That would be a lot of money!
Dearest Dude,You can be easily tracked through your IP Adress. Your IP Address is your identity on the net. Since your ip address is unique, it will tell who's your Internet Service Provider(ISP). Your ISP in turn has all your personal information. So, Cofibean... if you have read this thread, start apologyzing and delete all your posts... or better yet close this blog. We don't want you in jail.
This is a friendly reminder from someone who cares.
We would like to thank the individual for airing that concern. But we would like to clarify some things:
The basic idea of defamation law is simple. It is an attempt to balance the private right to protect one's reputation with the public right to freedom of speech. Defamation law allows people to sue those who say or publish false and malicious comments.
There are two types of defamation.
* Oral defamation -- called slander -- for example comments or stories told at a meeting or party.
* Published defamation -- called libel -- for example a newspaper article or television broadcast. Pictures as well as words can be libellous.
Anything that injures a person's reputation can be defamatory. If a comment brings a person into contempt, disrepute or ridicule, it is likely to be defamatory.
* You tell your friends that the boss is unfair. That's slander of the boss.
* You write a letter to the newspaper saying a politician is corrupt. That's libel of the politician, even if it's not published.
* You say on television that a building was badly designed. That's libel due to the imputation that the architect is professionally incompetent, even if you didn't mention any names.
* You sell a book that contains defamatory material. That's spreading of a defamation.
Obviously, we are being accused of published defamation because of some personal views that were expressed. We already made our defense on this matter and were enumerated below:
1. http://cofibean.blogspot.com/ is a personal journal therefore the author is in the position to express his private thoughts, views and opinions. The author also enabled his journal's commenting system thus also gathering some responses to his writeups. And to quote a few:
"Jarvie Sheen (http://makeshit.blogspot.com/) said... pinaglihi ka siguro ng mother mo sa sama ng loob ano? yung sa sobrang sama eh ini-ebak na lang public restroom tapos umalingasaw sa baho dahil inuuod na at mamasa-masa pa tapos biglang nawalan ng tubis at walang toilet paper, of course, naiwanan kang nakabuhaghag don sa inidoro at doon ka lumaki kaya akala mo inidoro ka narin... Kaya ang lumalabas sa bunganga mo eh mistulang ebak sa baho pati na rin ang ugali mo.Ngayon pupunta ka sa US upang ebak na may tamod, uod, at dugo-dugo pa ang iyong sasahurin galing sa mga BAKLA sa lugar na yan di ba??? Bagay ka nga diyan at isama mo na rin ang Driver mong Tatay na si Tonyo at dyan magtulong kayong mag janitor sa mga gay bar.... sayang din yan... pandagdag sa kayabangan este sa kayamanan mo ha ha ha..."
"dragonrower (http://dragonrower.blogspot.com/) said... tanga ka talaga, kung gusto mo magkaroon ng journal na walang comment page, wag as blog hehehe, tsupain mo na lang tatay mo, better yet driver mo! mwehehehehe!"
"Anonymous said... You're one spoiled cock sucking filthy animal. I bet you had a very disastrous childhood. Maybe your good old dad fucked your ass really bad and you cannot get over it thats why your putting up all this shit. You son of a bitch! Can you feel us now?! Post your home address you sick fuck and see whats waiting for you."
Now, if you have plans of filing a case against my client for defamation, better think twice, because you will represent all of the individuals who posted some defamatory comments on this site which we suppose is also exercising their freedom of expression. For the law states that:
The readers' comments, entries written by guest bloggers, tips sent by email, and information provided to the general public through an RSS feed would all likely be considered information provided by another content provider. This would mean that they can also be held liable for defamatory statements contained in it.
SO A COUNTER CASE CAN BE FILED AGAINST YOU. MOST OF THE NEGATIVE COMMENTS CONSTITUTE TO A LIBEL PER-SE CASE AND NO FURTHER EXPLANATION IS NEEDED TO PROVE SOME FACTS. IT'S YOUR WORDS AGAINST COFIBEAN.
2. Also, the person who sent the following email to cofibean is facing another law suit:
Joel Aguilar <firstname.lastname@example.org> wrote:
Yo!! You mother fuckin fagot... Anyone could have looked that stuff up in a book, are you really that stupid. Shit like you dont deserve to live... Why do you try so hard to express yourself in english when your own native tounge cant express crap!!!!! Damn your a fuckin disgrace, if you cant express yourself in english or tagalog, SHUT THE FUCK UP!!!! Why you got to act all crazy and shit...Stop being a wannabe. Who gives a fuck about your phones and shit...You think thats gonna attract a chick...well i guess maybe a faggot ass chick who smells like shit would!!!!!! Money is everything to everybody. Well maybe to someone like you who sucks on his fathers dick to make a withdrawal money means alot, coz i would never fuck my parents just to get the things i want. What do you care about comments regards to cailfornia? If thats what people think let them think that way... Who died and made you GOD? For all those people who want to think that theres no snow in California go ahead....You dont have to listen to this piece of asswipe. Losing a phone is not what you call bad luck you asshole its called stupidity and carelessness. And what is it with you can call center agents? Are you like jealous cause we have jobs and you just do blow jobs to get your money? Now listen up here you dumb mother fuckin butt lickin asswipe of a faggot!!!! I know you and if your not careful with your tounge and how you use it..Im gonna make sure that instead of you kissin ass to your parents (who by the way are probably the reason why you act so retarded) your gonna be kissing the ground.. you know me very well.. and i know you very well.. so you better back up the shit you said.. if you want to kill someone then do it, dont just talk the shit. coz if i get 20 replies to my email from other bloggers there that want your head..i'll give it to them I dont talk shit and i certainly wont back away from you mother fucker...watch your back, better keep your head up or you may never see the light of day anyone who has a comment just email me at email@example.com by the way you can call me iyce aguilar
We are more than glad to face any legal actions filed against the author of this site.
Please be guided accordingly.
- Cofibean's Legal Counsel