Snak

http://news.bbc.co.uk/1/hi/technology/7056659.stm

Skræmmende!

Three Sheffield Wednesday supporters who posted anonymous abusive comments on the "Owlstalk" website will be staring into their cornflakes this morning as they wonder whether they will soon be receiving a libel writ in the post.

The football club has obtained an order from the High Court requiring the site´s administrators to hand over the e-mail addresses of the three fans.

Although the posters used pseudonyms and may have thought that they were safe from any legal action, they may now be tracked down after deputy Judge Richard Parkes agreed that their posts "may reasonably be understood to allege greed, selfishness, untrustworthiness and dishonest behaviour on the part of the claimants".

This leaves them open to proceedings for libel, so the judge has told site owner Neil Hargreaves to reveal their e-mail addresses despite the site´s privacy policy.

Of course nobody should assume that user names offer any real anonymity or protection against legal action against a site´s host, whether here or in China, so if the three people involved didn´t go to the trouble of registering non-UK addresses just to use on Owlstalk their real names will soon be known to the lawyers acting for the directors.

The consequences could be severe, as we now have a reasonable body of case law establishing that something you say online is just as likely to get you sued as something you print.

And while service providers and hosting companies may be able to claim immunity from prosecution under the EU directive on e-commerce those who write and publish the material are increasingly likely to find themselves hearing from the lawyers.
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Her er et åbent brev i forbindelse med sagen, skrevet af een af de anklagede:

"Dear Sir,

I am one of the many Sheffield Wednesday supporters that the club is looking to sue. If nobody in particular and the other board members get their way, I face bankruptcy, losing my home and jeopardising my 7 year old son’s future.

What could I possibly have written on a internet messageboard that could trigger such a fierce retaliation? I expressed an opinion that the club’s activity in the transfer market was not as genuine as it appeared. I used no foul language, I merely expressed my genuinely held opinion.. I named no-one. Yet apparently, this constitutes defamation. I am also aware of another life long supporter of the club who is subject to possible legal action for suggesting that Chris Brunt would be sold and that we would have a poor start to the season. Both of which are now evidently correct.

Is this what Sheffield Wednesday have now stooped to ? Is there really such tyranny in the boardroom that any dissent amongst the paying customers is met with such excessive action ?

I am advised that if all of the defamation action against the supporters of this club comes to fruition, it will cost the club in the region of £8 million pounds. To what end ? Are the club really going to spend that much money to pursue targets that have little or no money in a bid just to stifle any questioning of their handling of matters in the boardroom ? The action cannot be taking place for financial gain. It is merely bullying and intimidation.

Supporters of the club should be made aware of this. How would fans feel that £8 million pounds is available for these lawsuits, yet we cannot afford to strengthen a team that , given the progress made on the field last season, should easily be challenging for promotion this year ? If supporters knew that this is where their money was being channelled , would there be an outcry ? Would there be fewer attendees ? I guess it’s not possible to speculate as supporting a football club is generally a matter of the heart and it is difficult to switch off one’s passion but I am aware of many supporters who will no longer contribute to the club to fund such a repugnant course of action.

I am copying this letter to the Football League and the FA as I feel that the actions taken by the Sheffield Wednesday directors are harming football in general. Damaging the product. Football has long been a game of opinions and if Sheffield Wednesday get their way and proceed with legal action against 40 paying customers, it will rip the heart out of football in this country.

I implore you to investigate and report on these actions. As journalists, it is your duty to get to the truth and to report accurately on exactly what is transpiring in our football club. Recent articles show a disgraceful bias toward the club. nobody in particular will not be chairman of Sheffield Wednesday for ever, but the fans will always be here and you should bear that in mind when you publish letters and stories without getting a proper balance.

Unfortunately, I cannot provide my name or address as nobody in particular is unaware of my details, he needs these to proceed with legal action against me and, despite the clubs crippling debt, he continues to spend the clubs money to acquire them.

If you have any sense of fairness, you will print this letter, but given the current levels of sycophancy towards the club, you will appreciate that I harbour doubts as to whether you will."