A Breakdown in Communication, Part 2

OK, so the dude that I wrote about who sent me that series of bizarre and inappropriate MySpace messages is totally freaking out right now. And you know what that means—more messages and emails! He's pissed because I posted a screen shot of one of the messages he sent me. I blurred out his name and picture, but he's like completely bugging because he seems to think that people can see what it says or make out his face. The thing is, the only people who would figure it out are people who know his MySpace page really well. People like his girlfriend I guess? I mean, it's not like future employers or whatever are reading the archives of this blog, looking for blurred out thumbnails that resemble him. Anyway, here is the first of the new batch of messages he sent me:

8:45 AM
Subject: Picture
Can you just take my picture off of your blog?   It could really fuck my life up.

I ignored it. And he didn't like that one bit.

So when I didn't get back to him right away, he wrote to me again.

2:46 PM
Subject: No Subject
are you planning on removing or putting a black box over the picture and my name or removing the entire blog? a lot of people will be able to identify me from that picture and my name. they could have accessed my page from your friend list.

Seriously, does he personally know a lot of people who read my blog? Because I don't even know a lot of people who read my blog. It's mainly strangers. My friends, for the most part, don't read it, and hopefully my family doesn't read it. Also, he's not on my friend list on MySpace. So I wrote him back:

i blurred out your name and your picture. stop being a freak!

Then he abandoned the MySpace communication and sent me an email.

9:56 PM
Subject: Picture
Tracie,

If you don't respond to this and completely obscure my picture and name - meaning put a black box over them or remove the blog - i'm gonna have to talk to an attorney about this.  I feel pretty damn confident I will have a strong case against you for defamation and/or invasion of privacy. 

Obviously, what you have done to me is pretty fucking humiliating and potentially very damaging. And much of what you say is factually inaccurate and incomplete. Also, I never gave you permission to publicly post messages that I sent you, and there may be potential legal reprocussions for you doing so.  So...

COMPLETELY BLOCK MY PICTURE AND NAME OR I WILL TAKE LEGAL ACTION AGAINST YOU!   YOU ARE COMPLETELY OUT OF LINE!

Like seriously, when he saw that I posted communication from him before, did he think that I wouldn't do it again? And this is nothing new. I've been doing shit like this—anonymously calling people out and posting their emails—for quite some time. He should never have assumed confidence. And my post was totally factually accurate. Maybe he remembers it differently, as a coping mechanism, but I'm quite sure I have a good grasp on how it all went down.

Also, I do this blogging thing for a living. I know the ins and outs of the laws and was actually required to sit with my company's lawyer to discuss fair use and copyright infringement. And the Digital Millennium Copyright Act doesn't make any mention of MySpace messages. Furthermore, when I posted those messages, I did so with critical commentary that would not impede on the messages' author's ability to profit on the messages' contents. And as for invasion of privacy? Ha! Nothing is fucking private once you put it on the internet. From the Internet Attorney:

Before attempting anonymity on the internet, it is best to think for a moment about your purpose and intent in hiding your identity. Think as well about the impact of the statement you wish to communicate. The safest course may be to acknowledge authorship.

So then after that rant he sent, I received another message on MySpace. This one is in response to me telling him to stop being a freak.

10:21 PM
Subject: RE: No Subject
i'm not being a freak. i know for a fact that people i know read your blog, because stupidly, i told them to check it out. they are going to know that that picture is of me, because they're familiar with it. and some of these people aren't even close friends of mine (my ex girl friends' brother for example or my step brother). what you're doing is REALLY FUCKING LOW.

i understand that my bj statement was boneheaded and potentially insulting. i think the fact that you responded publicly is TOTALLY INAPPROPRIATE though.

i wrote you another message to your type pad address, because i thought you were ignoring me. i really will have to see a lawyer about this if you don't put a black box over the picture and my name or delete the blog entirely. what you're doing is REALLY SHITTY. can't we just agree to clear this up leave each other alone from now on?

Hahahahahahahaha. OK, Rich and I were saying how much we love the idea that family members of his and his ex-GF's are into reading my blog. Like, they're sitting around the hearth, decorating the Christmas tree, and all decide to check in on One D at a Time to find out about which orifices Slut Machine filled with fat dick this week. It's absurd. Also, dollars to donuts he told people to check out my site because he was like, "I fucked this slut."

Moral of the story: I am a slut to be fucked, but not to be fucked with.

Comments

[Dre]

Sex offenders are required to register in their area, so people around them know there's a potential predator in their neighborhood. Just generally creepy people, however, are not. Every now and then, if one get called out on it, I think it's completely acceptable. You took appropriate actions to uphold his anonymity. It's like gossiping with your girlfriends...lots of girlfriends...warning them to STAY AWAY. Further contact with you is just digging him in deeper. I'm sure this response doesn't make much sense, but you get the gist of it, at least.

[Elizabeth]

I think I'm going to start a blog. And it's sole purpose will be to expose the douchebags that I've had to deal with. Douchebags like this guy.

[inkandimages]

Bwahaha. What a damn moron. Why doesn't he just change his stupid Myspace picture?

Anyway, I love it! Good work girl.

[Pig]

It's a funny moment when people who have been adults for some time still seem to lack any common sense about actions and consequences. When you give someone your words they are no longer 'your property' to decide what to do with. Fuckstick.

[Barzelay]

I'm four months away from graduating from law school, and I have not conducted any research or in-depth analysis here, but I can state categorically that neither you, the idiot you wrote about, nor anyone else commenting here has any clue what your liability might be for posting what you've posted.

First of all, he certainly wouldn't be laughed out of a lawyer's office, since probably two hundred lawsuits are filed EVERY DAY for situations exactly like this. 95% of them don't really want to pursue the lawsuit, they just want to make clear that they are serious about pursuing it, if the blogger/webmaster/whatever refuses to take action. Whether or not he'd win a suit is another matter, but recognize that defending against a suit--even if meritless--would cost you many thousands of dollars.

In general, his profile and the picture he posted are not private--he posted them online. But you'll find that he nevertheless owns the copyright to the photo. That said, your use of the photo would probably be a fair use, and therefore escape liability. It would not, however, save you from having violated Myspace's terms of use, potentially getting you kicked off Myspace (which, let's face it, would probably be a good thing).

However, his communications to you were initiated and conducted in private media--Myspace messages and email--and he therefore may have an expectation of privacy in their contents. Such a right to privacy, however, varies from state to state, and you could be subject to liability in almost any state he chooses due to the peculiar way jurisdiction is determined for the internet.

Furthermore, he may have a decent case for the tort of invasion of privacy, specifically for public disclosure of private facts. The persistent flaccidity of his penis is something that you knew or should have known would be extremely embarassing, and it's something a reasonable person could expect would not be revealed. Wikipedia has a decent summary of "invasion of privacy." The mitigating factors for this particular cause of legal action are, of course, that you did not actually reveal his name, and blurred his picture. I can't remember the cases right now, but I know I've read at least a couple internet privacy cases where it was held that if enough information was given that people known to the plaintiff could figure out who the supposedly anonymized writing was referring to, then it didn't matter that some efforts were taken to obscure the individual's identity.

He is probably completely wrong about defamation. Unless it can be proved that you are lying about any of this, he has no defamation case.

So, to sum up, don't assume you know anything about law because of a short talk you had with a lawyer about completely different actions of yours, in a completely different context. And "Ryan," don't assume you know anything about law just because you're embarrassed about your non-functional weiner.

[slut machine]

his penis was never flaccid. it was hard, he just couldn't come.

in other news, i'm home alone on a saturday live blogging the miss america pageant on jezebel.

[Judi]

Wannabe "I'm almost an attorney" types are such buttmunches.

Come back when you've passed the bar and practice internet law, mmmmkay, pumpkin?

At least SM had a conversation with a REAL attorney.

[A Nony Mouse]

I came on Slut Machine's lips last night. I still haven't wiped off the screen.

[Simone]

What a loser! He should know that anything he sends to you is fair game for your blog. If he doesn't want his friends to read it, why did he tell them to read your blog in the first place?? Good for you, expose the jerk, he deserves it! Is there a legal way for you to post all of it and not blur his pictures? You should. Fuck psycho stalkers! They have way too many rights in this country!

[z]

Real advice from a real lawyer. Be careful with this. This is almost identical circumstances to the Jessica Cutler fiasco. In Robert Steinbuch v. Jessica Cutler, the D.C. District Court agreed to hear the complaint against Jessica Cutler. While I don't necessarily agree with this, his threats are not entirely baseless. Lawsuits, whether ultimately favorable or not, are never pleasant and can be very expensive for the eventual winning party. Just ask Jessica, who filed for bankruptcy as a defense mechanism against the suit.

[greeniebitch]

dude, you're just my favorite. this is amazing. i am particularly fond of the mental image of the family decorating the tree, reading this blog.

you're the fucking best, SM, on the reals.

[Dani]

Hahaaaa... I knew it! These crazies never go away.

[nat]

Don't you think this is absurdly harsh for some random guy? Why this vitriol? Are you just trying to obliquely get back at Josh? To somebody above: the guy DID write a pretty polite note or two at first, but SM was out for blood. Blood of a guy who may not have a legal case, but kind of did something stupid and maybe deserves a little compassion.

[faith]

im with SM, i also have fallen in love with you i think. That was absolutley brilliant!!!! Yea, and im with you, if he hadnt been bragging to his friends, he wouldnt be in the situation anyway. AHAHAHAHAHAHAHAHAHAHAHAHAHAHA

this is the GREATEST THING ive ever seen.
to K---Melanie is sooooooooo that guy.

[The Dude]

So are guys officially Chubby Chasers before they fuck you or are they deemed that after they fuck you?

[slut machine]

hmmm…i don't really know, but i'm sure your employers at playgirl/blue horizon group wouldn't be too happy that you're spending your work day pondering such retardation.

[Chanel]

Ha! If you don't want people to find out the shit you been saying, don't say it! This guys a total loser, he reminds me of my ex, go back under your rock!

[Em]

Fuck this guy, he's a total toolshed.

[Miss Lisa]

Any time you can use the phrase "dollars to donuts," that's a good thing.

[mary]

this guy sounds like the biggest douchebag ever.

what kind of an idiot is going to write you ridiculous messages like that and expect you to NOT post them on here? i cant wait to see what he says after he finds out that you posted these too.

and i agree, his pussy ass should just change his shit and get over it, and maybe learn a lesson or 50 from this...

SM you fucking rock.

[mary]

this guy sounds like the biggest douchebag ever.

what kind of an idiot is going to write you ridiculous messages like that and expect you to NOT post them on here? i cant wait to see what he says after he finds out that you posted these too.

and i agree, his pussy ass should just change his shit and get over it, and maybe learn a lesson or 50 from this...

SM you fucking rock.

[Daniel]

Lulz!

[Kash]

slutmachine, you are my hero. i want to be just like you when i grow up... oh wait, i kind of already am. thank you, thank you.
Kashie

[Tanith]

The Dud --

Go back to chasing your own "chub" into that tissue again, wanker.

[Viviane]

The Bad Man sent me.

I tip my hat to you!

[sarahkasarah]

still funny

[rachael]

oh sm, i love you so.

[sam]

i hope this guy's girlfriend has a real good belt to hook him onto because he's a major fucking tool.

[Norelle]

Ha ha! I hope he does get a lawyer, and then has to sit across from said lawyer as he/she reads about how he wants to cum on your lips. Douche.

[m]

this is something that people need to recognize with the shifting communication patterns of this century. myspace/facebook/texting/even emailing have made people bolder, but not necessarily better communicators. seriously, asking someone for sex or blow jobs or whatever via myspace give the recipient the right to do whatever the hell they want with it. you don't have a trusting and respectful relationship with someone yet you want to solicit them on the web? fine, but be ready to deal with potential backlash.

yeah, myspace and dating is annoying the shit out of me. so i like how this is playing out. keep on rockin, SM.

[Spanknsparkle]

Fantastic!

I can't wait for the opportunity to use that line: "I am a slut to be fucked, but not to be fucked with."

[:]]

OMG!!! you're my HERO!!! HAHAHAHHA you fucking BALLER :]
<3<3<3

[Erin]

So, is he the tall blob with the red tie, or the short blob with no tie?

[Jew]

Um, this is fucking hilarious. Seriously- I finally got my internet back at my apartment and a MAJOR MOTIVATOR for that was that i couldn't read this blog at work. Fantastic!

[the izza]

NICE.

[nick]

lamo:

"I seem to remember someone getting all up in a snit over a similar situation over emails being posted on Gawker. Something about a New Years Party...?"

[dara]

me thinks the man doth protest too much...

he should go home and wash his pussy.

[katastic]

SM, this is seriously. awesome.

[Jim Strathmeyer]

So are you going to restore his username and full picture to your original blog post? Seems like someone could learn an important lesson here...

[Izzy]

Dear, Slutmachine:

I love your personality (and your frankness and your writing and the fact that you know Rich---jealous!). You gave this fucker what he deserved. And "freak": if you or your family are actually sitting around the hearth reading this blog, consider this a lesson learned.

[Mabelhater]

Dear Mabel,
Kindly, please Fuck off!

[Keekrs]

I *LOVE* that you have freaked him out! Now maybe he will think twice about sending scammy pervy notes to people without being asked first! LOSER!

[BloodyMary]

Are we going to get a part 3?
My fingers are crossed.
Love your work.

[Ashlee]

You are a God among men!

[Kristen May]

Wow!!! IF he's afraid of being publicly humiliated now by a completely faded pic on the net, If he sues (yeah right) I'd like to see him explain the whole situation to his girlfriend and family and coworkers so that it makes moral sense...What a tool!!! I mean what the F goes through someone's stupid mind if they know you and your blog???

i.e. retarded thought process:

Oh I'm horny and feeling sleazy,let me write something to slut machine that is conveniently inappropriate enough for putting things up on her blog. I'm guessing by reading one d at a time,she's a polite one, she'd never want to take the time to make fun of a disgusting poor douche bag such as myself if I send her something directly from my myspace account. Oh no nothing like that would ever happen.

FYI Jerk,all things on myspace are public rechord!!!

[jughood]

god ur such a bitch.

[AnotherAnon]

Dude, just change your myspace profile pic.

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