Man sues chatroom pals: I was humiliated beyond what 'no man could endure'
By J.K. Dineen
Court TV
Mike Marlowe fully admits that he sometimes gave George Gillespie a hard time in that AOL chatroom.
But never in his wildest imagination did he expect to be sued in court for what he characterized as "razzing."
"We gave him crap," said Marlowe, a 33-year-old welder in Fayette, Ala. "I'm not going to deny it. I teased him and he teased me back. He gave it back better than he ever got it."
A generation ago, such petty personal beefs might have been settled with fists outside the corner bar, but now it's the Internet age ”” and Ohio resident George Gillespie instead filed a $25,000 lawsuit against two erstwhile cyber chums he met in the sprawling 900-room, mostly anonymous society that makes up AOL's chat universe.
Gillespie, 53, claims that Marlowe and Bob Charpentier, a 52-year-old Oregon resident, insulted him and harassed him in the AOL chatroom called "Romance ”” Older Men" to the point where it inflicted "severe emotional distress and physical injury that is of a nature no reasonable man could be expected to endure it."
The complaint, expected in court on Jan. 31 for a pretrial conference, also names AOL as a defendant for allowing the alleged harassment to take place.
Gillespie alleges that the duo intruded into his "private affairs." The complaint states that Marlowe actually drove from Alabama to Ohio to photograph the plaintiff's home, which he then posted on the Web. He also allegedly went to the courthouse in Medina to dig up personal dirt on Gillespie, which he then also disseminated over the Internet.
The case is not simply "someone conversing in a chatroom" but also involves "harassing someone in Ohio," which gives Ohio courts jurisdiction, according to Gillespie's lawyers.
"Had the defendants stayed in the chatrooms, there would be no jurisdiction here, case closed" Gillespie's attorney Theodore Lesiak stated in the complaint. "Defendant did not."
But Marlowe said he works 60 hours a week at an autobody shop and laughed at the notion that he would drive from Alabama to Ohio to take pictures of Gillespie's house.
"I have never been to Ohio and I have absolutely no desire to go to Ohio," Marlowe said. "There is nothing there ”” the Cincinnati Bengals are there, the Rock and Roll Hall of Fame maybe, and that's about it."
Even if Marlowe did take a trip to Ohio, posting a picture of someone's house on the Internet does not violate privacy laws, according to Chris Hoofnagle, attorney with the Electronic Privacy Information Center.
"Those norms require the aggressor to engage in behavior that is highly offensive to a reasonable person," he said. "Taking a picture of somebody's house and putting it up on the Web is not that."
Hoofnagle said Gillespie's emotional distress claim will also be tough to prove.
"We live in a rough society, as compared to Europe, where offending someone or directly cursing or attacking their dignity can give you a cause of action," he said.
Power Struggle in 'Romance ”” Older Men'
Charpentier said he first encountered Gillespie more than five years ago and at first, the two chatters were friendly. But Charpentier says he quickly became disenchanted by what he saw as Gillespie's mean streak.
Things really turned ugly four years ago when Charpentier traveled to Kentucky to meet another chatroom regular, a woman who was also a friend of Gillespie's. The blind date did not go particularly well, and when Charpentier returned to he discovered that Gillespie had gone on the attack.
"He just came in slamming on me, saying all kinds of derogatory crap: that I was a fat, bald, broke old man who sits around in a rusted wheelchair," said Charpentier, who has a chronic back injury. "I don't even own a wheelchair."
Charpentier, who has filed a response seeking to reserve the right to file a $125,000 countersuit against Gillespie, said Gillespie threatened to kill him and "made sick and disgusting remarks about the passing of my grandmother."
"He is an AOL computer thug, that is all he is," Charpentier said.
Marlowe characterized the dispute as a petty power struggle. He said Gillespie was the de facto leader of the "Romance ”” Older Men" chatroom, and didn't like it when he and Charpentier challenged his authority.
But Marlowe said he never took the chatroom antics personally ”” until he was served with a lawsuit.
"I don't know how four years of bantering back and forth led to this insane nonsense," he said. "It's just the Internet, for God's sake. It's nothing important."
Michael Gordon, an attorney for AOL, declined to comment, saying, "This is just the beginning stages of this thing."
Megan Gray, a Washington D.C.-based intellectual property attorney who specializes in cyber issues, called it "a loser of a case." She said the Communications Decency Act gives AOL immunity from chatroom misconduct.
"AOL cannot be held liable for the actions of people on the site," she said.
She also suggested the case against Marlowe and Charpentier was doomed.
"The Internet is such a vibrant, young medium, these types of cases are not taken seriously," she said.
better question, how belong for Fancy Graphic Lovers winds up in Peoples Court, and we are all forced to testify? crazy way for us 'necters to meet, finally!
Stan Bernstein and I are creating a storm of fire and brimstone that shall rain down upon any archinecter with a better name then I. the storm being of course subpoenas and court dates.
its gettin late
have u seen Diabase
Tell me when Steven Ward gets here
Liberty Bell looks cute
in her braces and boots
Tell me when the Forum Rats get here...
I think I would preemptively sue Liberty Bell for threatening to sue everyone. Maybe I'd sue myself. Did you know if you patent your DNA, you kids can sue you if they have any genetic defects?
which archinect member are you gonna sue first??
By J.K. Dineen
Court TV
Mike Marlowe fully admits that he sometimes gave George Gillespie a hard time in that AOL chatroom.
But never in his wildest imagination did he expect to be sued in court for what he characterized as "razzing."
"We gave him crap," said Marlowe, a 33-year-old welder in Fayette, Ala. "I'm not going to deny it. I teased him and he teased me back. He gave it back better than he ever got it."
A generation ago, such petty personal beefs might have been settled with fists outside the corner bar, but now it's the Internet age ”” and Ohio resident George Gillespie instead filed a $25,000 lawsuit against two erstwhile cyber chums he met in the sprawling 900-room, mostly anonymous society that makes up AOL's chat universe.
Gillespie, 53, claims that Marlowe and Bob Charpentier, a 52-year-old Oregon resident, insulted him and harassed him in the AOL chatroom called "Romance ”” Older Men" to the point where it inflicted "severe emotional distress and physical injury that is of a nature no reasonable man could be expected to endure it."
The complaint, expected in court on Jan. 31 for a pretrial conference, also names AOL as a defendant for allowing the alleged harassment to take place.
Gillespie alleges that the duo intruded into his "private affairs." The complaint states that Marlowe actually drove from Alabama to Ohio to photograph the plaintiff's home, which he then posted on the Web. He also allegedly went to the courthouse in Medina to dig up personal dirt on Gillespie, which he then also disseminated over the Internet.
The case is not simply "someone conversing in a chatroom" but also involves "harassing someone in Ohio," which gives Ohio courts jurisdiction, according to Gillespie's lawyers.
"Had the defendants stayed in the chatrooms, there would be no jurisdiction here, case closed" Gillespie's attorney Theodore Lesiak stated in the complaint. "Defendant did not."
But Marlowe said he works 60 hours a week at an autobody shop and laughed at the notion that he would drive from Alabama to Ohio to take pictures of Gillespie's house.
"I have never been to Ohio and I have absolutely no desire to go to Ohio," Marlowe said. "There is nothing there ”” the Cincinnati Bengals are there, the Rock and Roll Hall of Fame maybe, and that's about it."
Even if Marlowe did take a trip to Ohio, posting a picture of someone's house on the Internet does not violate privacy laws, according to Chris Hoofnagle, attorney with the Electronic Privacy Information Center.
"Those norms require the aggressor to engage in behavior that is highly offensive to a reasonable person," he said. "Taking a picture of somebody's house and putting it up on the Web is not that."
Hoofnagle said Gillespie's emotional distress claim will also be tough to prove.
"We live in a rough society, as compared to Europe, where offending someone or directly cursing or attacking their dignity can give you a cause of action," he said.
Power Struggle in 'Romance ”” Older Men'
Charpentier said he first encountered Gillespie more than five years ago and at first, the two chatters were friendly. But Charpentier says he quickly became disenchanted by what he saw as Gillespie's mean streak.
Things really turned ugly four years ago when Charpentier traveled to Kentucky to meet another chatroom regular, a woman who was also a friend of Gillespie's. The blind date did not go particularly well, and when Charpentier returned to he discovered that Gillespie had gone on the attack.
"He just came in slamming on me, saying all kinds of derogatory crap: that I was a fat, bald, broke old man who sits around in a rusted wheelchair," said Charpentier, who has a chronic back injury. "I don't even own a wheelchair."
Charpentier, who has filed a response seeking to reserve the right to file a $125,000 countersuit against Gillespie, said Gillespie threatened to kill him and "made sick and disgusting remarks about the passing of my grandmother."
"He is an AOL computer thug, that is all he is," Charpentier said.
Marlowe characterized the dispute as a petty power struggle. He said Gillespie was the de facto leader of the "Romance ”” Older Men" chatroom, and didn't like it when he and Charpentier challenged his authority.
But Marlowe said he never took the chatroom antics personally ”” until he was served with a lawsuit.
"I don't know how four years of bantering back and forth led to this insane nonsense," he said. "It's just the Internet, for God's sake. It's nothing important."
Michael Gordon, an attorney for AOL, declined to comment, saying, "This is just the beginning stages of this thing."
Megan Gray, a Washington D.C.-based intellectual property attorney who specializes in cyber issues, called it "a loser of a case." She said the Communications Decency Act gives AOL immunity from chatroom misconduct.
"AOL cannot be held liable for the actions of people on the site," she said.
She also suggested the case against Marlowe and Charpentier was doomed.
"The Internet is such a vibrant, young medium, these types of cases are not taken seriously," she said.
better question, how belong for Fancy Graphic Lovers winds up in Peoples Court, and we are all forced to testify? crazy way for us 'necters to meet, finally!
that article makes me very angry. see you in court, spaceghost.
I think I'll sue vado retro, for spreading vicious rumors about me
here - I never said that, vado!
here is a painting of vado's trailer with him on the couch. i've nothing to lose.
I'd sue living in gin for assuming I was from CT!
I mean seriously people, it's JUST the internet. Who cares what someone on a message board thinks?
It's like people trying to pick up men / women off Myspace.
Actually, can I sue everyone here for keeping me too distracted with fun and games to get any work done?!?
I guess the appropriate response under your post, Steven, was
That post made me laugh and spew coffee on my keyboard, Steven. See you in court.
if i get rejected from my grad schools, can i sue?
Yeah, but assuming you're from CT is pretty offensive.
lionel hutz will be calling you shortly.
Hi
[scared ya didnt i!]
maybe this is why per's gone quite, he's putting together some honeycomb of a lawsuit together......
i'm gonna sue all your asses.
shhhh!!!!
Don't say "his" name or he might come back.
I'm going to sue strawbeary for stalking me on myspace.
driftwood, don't flatter yourself, I added like 18 people last night.
I'm gonna sue YOU!
18!?! Sounds like it's going to be a class action lawsuit!
You are the one sending ME messages!
:)
woulda been rajish, but hes not around much these days...
that kid freaked me out... he knew my name! no idea how
"Anyone who is on myspace will never be licensed architects." Pah Pah Pah.
oh wait...
Stan Bernstein and I are creating a storm of fire and brimstone that shall rain down upon any archinecter with a better name then I. the storm being of course subpoenas and court dates.
is there a reverse version of a class action suit? if so, i'm suing all y'all for enabling me in the wasting of time.
just be glad you arent being sued by don mclean. this guy is killer :(
I'm gonna sue vado and abracadbra for thoughtlessly leaving me off their best of 2005 song.
Awww, diabase, I did wonder why you weren't there!
Welcome back from your holiday vacation!
Thanks Liberty - hope you and everybody had a great holiday. I'll be fully back Monday onwards.
Cheers.
diabase, i'm not in there either! the nerve of some people! if we pool our money, maybe be can hire that lawyer on the back of the phone book.
Steven,
How about we write our own song, and then leave them out? Something to the tune of 'Saturday Night's Alright for Fighting"?
its gettin late
have u seen Diabase
Tell me when Steven Ward gets here
Liberty Bell looks cute
in her braces and boots
Tell me when the Forum Rats get here...
its ez...
I'm going to have to sue abra - he gave far too good advice in his "dear abra" segment.
If this is true I'm going to sue you all.
Braces?! I don't wear braces! Slander, vado, you're goin' down!
le bossman don't sue me for revealing your alter ego, okay?
when did you reveal my alter ego? but if i do sue you, you will know the alter ego.
hahahaha! you think you know me.
if i was going to pretend to sue anyone, it would this guy! he's the Riddler Suit Man! yeah!
yeah!
i'm a poor student. sue me and you might be able to treat yourself to a twinkie from the courthouse vending machine on your way out.
so sue me...
vado, I think I will, for posting a bunch of pictures and making every thread slow.
Just kidding, I'm in the song, I couldn't sue you.....
i practice cya
thread this long and nobody said per yet?
at least 2 people have mentioned that name, but a bit more obliquely.
atmsphr
I think I would preemptively sue Liberty Bell for threatening to sue everyone. Maybe I'd sue myself. Did you know if you patent your DNA, you kids can sue you if they have any genetic defects?
i need to sue somebody. this renovation's getting expensive. who wants to volunteer?
i am suing myself for intolerable cruelty.
I sue ANY Roman , then I will Kill The Brick.
I love ^this^ guy
agreed...that's the funniest thing i've read in a long time
Block this user
Are you sure you want to block this user and hide all related comments throughout the site?
Archinect
This is your first comment on Archinect. Your comment will be visible once approved.