funsec mailing list archives

Internet publications granted statute of limitations protection


From: "Dude VanWinkle" <dudevanwinkle () gmail com>
Date: Mon, 23 Oct 2006 05:42:18 -0400

Keep in mind these are well paid lawyers making this argument on
behalf of Nationwide

from: http://arstechnica.com/news.ars/post/20061022-8047.html

Burns had authored an uncomplimentary 2003 piece on one of
Nationwide's mortgage products, and Nationwide decided to sue for
defamation, tortious interference, and business disparagement.
Unfortunately, they didn't bother to notify the defendants for another
ten months.

--snip--

Here's where it gets interesting: Nationwide then claimed that the
statute of limitations had not run out, because "a republication of
the article occurs every time an Internet user types Nationwide's name
into a search engine and retrieves the article, so that each 'hit'
triggers the statue of limitations."

--Snip--

The judge, --snip-- Without ruling on the merits of the claimed
defamation, he threw the case out last week.

---------------------------------

So I guess this means I could post a page that invokes "defamation,
tortious interference, and business disparagement", wait a year, and
then make the link visible, or better yet move it from the bottom of
the schema to default.html :-?

-JP
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