Saturday, May 27, 2006

Tucker Max Wins - And So Do I

As I have grown older I have been taking a much greater interest in law. I don't have time for law school - or much spare time at all. To quench my thirst for more knowledge in this field I have been reading opinions of the Supreme Court, District Courts and others. On the sidebar you see a link for Overlawyered, a blog that concentrates all of its time to frivolous or notable lawsuits. It is written in a way that most people can understand, but I have to admit I still have to have a window open in my computer at a legal dictionary to comprehend a term that they use once in a while.

Yesterday a very important decision was handed down in a case that involves blogs.

Tucker Max is a self described asshole. Before I give you the link to his (wildly successful) site, a fair warning - there is a lot (A LOT) of gutter humor and off color language on the site. Fair waning, here it is. I used to link it on my sidebar, but the content is just so off color I didn't want kids or others that could be offended to come here, go there, then send me hate mail. On top of that, I feel that I want to remain at least a little above that sort of thing. I will have you know that Tucker Max is making a boatload of money off of his site and books. This guy has SERIOUS traffic and isn't linked by ANYBODY in the blogosphere. Content sells. Anyway.

Max was getting sued and the lawsuit got dismissed. You can read about it here. The person who was suing Max threw a party that Max attended. Max and the folks at his message board on his site savaged the man since the party was, apparently, a dud. The person who threw the party then sued Max over comments made on his site, also suing the ISP and others in the chain. As a blogger and blog proprietor I have been following this case with a lot of interest, and my growing interest in law has made it all the more interesting to follow. The judge in federal court threw it out, and the opinion is one of the funniest legal documents I have ever read. You can check it out here.

If this opinion had turned out the other way I would have had to seriously think about shutting down the comments section, something I really do not want to do. Most of the comments here are funny or add something to the discourse. As the person who runs this blog I have to delete comments at times, but not very often. I am not the type that takes kindly to people "peeing in my wheaties" so to say so I aggressively track nasty commenters to their originating systems and have been known to call places of business with exact URL's to offer those persons a little surprise at their cubicles from which they dispel their venom. If this blog ever gets to a point where I can't do this, however, I am basically at the mercy of the commenters. If someone would defame or belittle another I may be held liable - until that lawsuit was smacked down yesterday that was all up in the air. Now I can rest a little more comfortably now, seeing that the suit didn't even go to trial - not only that, the plantiff and his lawyer were totally smacked down by the judge.

So...comment away!

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