Via the Burnaby Politics Blog, Jinny Sims is suing Google over comments made by the BC Poly Blog, most likely in relation to the post in May and June of this year leading up to the threatened BCTF strike. The posts were of a general nature of being a very large satire on the BCTF’s stance during the lead-up to the contract settlement. There were also a few pictures that were photoshopped in an obvious manner, but not indecently.
My quick legal opinion (which is worthless since I’m not a lawyer and I haven’t even read the applicable legislation or precedent-setting court cases) says that the BC Poly guy would easily win in court if he/she were charged for libel or defamation. I’ve read the content and it just isn’t that bad and proving damages would be rather difficult. The real reason for suing is that Jinny Sims is trying to find out who exactly is running the operation since the BC Poly person has always been anonymous. If this person could be connected to some sort of political party (specifically the BC Liberals since the Blog has been quite anti-NDP), then that scandal would probably make the news if that person had connections.
The next legal procedure would be for Sims to get a judge to subpoena Google for the related information on the Blog account. Google would then be able to trace that to an IP address, and then you would be able to trace that to a network. That would be likely be connected either to a Shaw/Telus/ISP account (which in that case figuring out the identity of such a person would be trivial once you’ve subpoenaed the ISP), or connected to some piece of public infrastructure (like a Library or Wifi hotspot or such), which would make digging for identity slightly more complicated.
This process takes a bit of time, roughly to the magnitude of a month or two after getting a judge to authorize the subpoena.
What’s also interesting is that the BC Poly guy quit writing after August 4th, which makes me wonder whether this lawsuit is correlated with lack of updates.
I have some suspicions as to what’s happening here, but I’ll keep it to myself as I’m afraid that saying something that is just conjecture might get me sued. This is the other intent of the lawsuit – anybody else saying something bad about the BCTF or Jinny Sims and you’ll get nailed in court whether you’re guilty of breaking any laws or not! As much as I would like to rant and rave that this is part of some union conspiracy, I will point out that the granddaddy of these tactics comes from none other than Mr. Scientology, L. Ron Hubbard:
The purpose of the suit is to harass and discourage rather than win. The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause his professional decease. If possible, of course, ruin him utterly.
Oddly enough, if I was in Jinny Sims’ position, I’d be doing the same thing. In court, the advantage is always to the attacker – you win either with a conviction or a settlement. The defender has only one option – win in court. And when the defender has to show up in order to defend him/her self, this makes attacking a very easy win/win situation for Sims. Whoever was writing the BC Poly Blog better have made sure they covered their tracks.