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This page copyright 2000 by the author, all rights reserved. Any lawyers in the employ or acting as agents of Dendrite International are hereby forbidden to view, copy, print or otherwise use anything here. Violation of my copyright will be dealt with most severely (usually by resorting to public humiliation).
2/27/01 Two Yahoo Message Posters Identity Revealed
From the Newark Star Ledger, the two posters who did not oppose having their identities revealed finally were identified by Dendrite. "Implementor_extrordinaire" and "ajcazz" were both unmasked. Their real names are listed in the article. I did not know either of them, as they probably joined DRTE after I had left, but we should offer them any and all support possible.
2/27/01 Judge's Decision protects Two Message Board Posters (PDF)
This is actually from November, but I hadn't posted the link until now. Mea culpa. The entire text of Judge McKenzie's decision refusing to reveal the real identities of "xxplr" and "gacbar." Adobe Acrobat Reader is required.
8/9/00 Thomas & Betts Drops lawsuit against Message Board Posters
Thomas & Betts was engaged in a similar lawsuit against Yahoo! message board posters. Public Citizen persuaded them to drop the suit. Read the press release. Perhaps Dendrite will be open to similar persuasion?
7/21/00 Company suing to get names of online critics
Coverage of the lawsuit from the Bergen Record. Covers much of the same ground as the Star Ledger article below, but still worth checking out.
7/18/00 N.J. firm's lawsuit tests privacy rights of online detractors
The Newark Star Ledger ran an article about Dendrite's suit. You can follow the link above or just read some of my favorite quotes right here.
Word has gotten out within corporate circles that there's a very easy way to silence online critics, and it's filing one of these lawsuits," said David Sobel, general counsel of the Electronic Privacy Information Center, a public interest research center focusing on emerging civil liberties issues and ways to protect privacy. "I think it's primarily become an intimidation tactic."
Morris Plains attorney Eugene Reynolds, who represents "xxplrr," wrote in court papers his client was merely participating in a public exchange of ideas. "Unfortunately for John Doe No. 3, Dendrite wants to limit what its investors/potential investors hear to those opinions which are favorable to Dendrite," Reynolds wrote.
"I think there has been a chilling effect already because of these lawsuits," said Ann Beeson, a national staff attorney for the American Civil Liberties Union and an Internet free speech expert. "That's what we're afraid of, and that's what these companies want."
One of Dendrite's attorneys, Michael Vogel, said yesterday he was not authorized to comment on the case.
7/13/00 Public Citizen issues Press Release regarding Dendrite suit
For those who don't want to read the entire brief, you can read the press release which summarizes their argument.
7/12/00 Public Citizen files Friend of the Court Brief
Public Citizen has posted the full text of their brief. Executive summary to follow for those who don't speak legalese. But remember, I'm not a lawyer, I don't even play one on tv.
7/11/00 Dendrite Lawsuit Update
Another message has appeared on the Yahoo Finance message board requesting that the attorneys for the John Does contact the Public Citizen Litigation Group. A little quick research show that Public Citizen was founded by Ralph Nader in 1971. The litigation group seems to be involved in a similar suit, Thomas & Betts Corporation v. Does 1-50. I'm hoping that at least one of the DRTE critics named in the suit does contact Public Citizen and that they can assist in putting an end to the harrassment of those exercising their first amendment rights.
For John Bailye and others who are not familiar with it, the First Amendment to the Constitution of the United States
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
6/28/00 Dendrite suing Yahoo message board posters?
This message on the Dendrite Yahoo message board tells the story. Apparently Dendrite has filed suit against 15 "John Does" for defamation for various message board postings. Unfortunately, I'm not one of the 4 John Does mentioned by alias in the order to show cause.
Of course all this lawsuit is is a fishing expedition. JB wants to know who's saying nasty things about him and his company. If they're employees, then he can fire them. If they're ex-employees still bound by their employment agreement, he can sue for violation of that. (Reread yours, mine had a clause about derogatory comments about DRTE, but I'm too lazy to dig it up right now). And if not, he can still harrass them with this bogus suit that as a suit against Yahoo! put it "would not stand a motion to dismiss." To further quote from the suit against Yahoo (Acqucool_2000 v. Yahoo) "Yahoo! is aware that executives at publicly owned companies that are featured on the message boards frequently take umbrage at the critical comments posted about "their" companies on the message boards. With sensitive egos and money to burn, such companies often file a lawsuit merely in order to obtain the right to subpoena Yahoo! for members' information so that the company's curiosity and desire to silence the member can be satiated."
On a personal note: JB, you know who I am, but you don't write me any more. I'm still here at stuartk@ix.netcom.com. I'm not hiding behind any aliases. I don't like your bullying tactics, I don't like the way you treat your employees and I don't particularly like you. They may not have a 1st Amendment where you come from, but here in the USA we sure as hell do. You can try to intimidate and harrass those who disagree with you, but it only reveals you for the person you really are.