Vogue model Liskula Cohen wins right to unmask offensive blogger

[Gan]

A Vogue cover girl has won a precedent-setting court battle to unmask an anonymous blogger who called her a “skank” on the internet.

In a case with potentially far-reaching repercussions, Liskula Cohen sought the identity of the blogger who maligned her on the Skanks in NYC blog so that she could sue him or her for defamation.

A Manhattan supreme court judge ruled that she was entitled to the information and ordered Google, which ran the offending blog, to turn it over.

Ms Cohen, a tall, Canadian blonde who has modelled for Giorgio Armani and Versace, went to court after reading the wounding anonymous comments on Google’s Blogger.com.

“I would have to say the first-place award for ‘Skankiest in NYC’ would have to go to Liskula Gentile Cohen,” the blogger “Anonymous” wrote in one posting. The blog, since removed, ridiculed the former Australian Vogue covergirl as a “40-something” who “may have been hot 10 years ago”, when she was actually 36.

Justice Joan Madden rejected the blogger’s claim that the blogs “serve as a modern-day forum for conveying personal opinions, including invective and ranting”, and should not be treated as factual assertions.

The model was looking forward last night to discovering the identity of the alleged acquaintance who insulted her. “Everybody is waiting to see who this coward is,” Steven Wagner, her lawyer, said.

Andrew Pederson, a Google spokesman, said: “We sympathise with anyone who may be the victim of cyberbullying. We also take great care to respect privacy concerns and will only provide information about a user in response to a subpoena or other court order.”

http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6801213.ece
____________________________________________

This sets an interesting precedence for blogging and forum participation to say the least.

I suppose I would have to ask the question, was the comment made as an initial blog post or a followup comment? How accurate is the 'anonomyous' data if the user data is subjective to what the user inputs. How easy would it be to ficticiously represent someone else and then proceed to libel others with offensive posts?

Cyberbullies and E-Thugz being sued for libel over posts on a forum or blog.

Scary.

[Bhuryn]

people will eventually learn to stop putting their name in the box.

[Androidpk]

Just wait until you need to give a blood sample to access the internet.

[radamanthys]

Nothing stays free forever. Some fucktard always has to fuck it up.

[BriarFox]

Good. You're responsible for what you say, and the internet is too easily anonymous. Let there be consequences.

[Stanley Burrell]

I want to be a judge.

[Back]

This sets an interesting precedence for blogging and forum participation to say the least.

I suppose I would have to ask the question, was the comment made as an initial blog post or a followup comment? How accurate is the 'anonomyous' data if the user data is subjective to what the user inputs. How easy would it be to ficticiously represent someone else and then proceed to libel others with offensive posts?

Cyberbullies and E-Thugz being sued for libel over posts on a forum or blog.

Scary.

What are you trying to tell us?

[Gan]

What are you trying to tell us?

Exactly what you just quoted.

[ElvenFury]

1.) Sue Tisket for cyber-bullying, thereby learning her TRUE identity
2.) Stalk her and record sex tape
3.) Profit!!!!!

[AnticorRifling]

Hopefully the person that wrote it sues her lawyer for calling him a coward.

[Warriorbird]

You forgot

3.) ?????

[Some Rogue]

I want to know what the legal definition of a skank is and how is she going to prove she's not one.

[AnticorRifling]

I want to know what the legal definition of a skank is and how is she going to prove she's not one. I think it's the she's a 40 something blah blah blah when she's 36 and that's srs bizns to teh models. But yes I'd love to be in the court room when it's "Your honor my client never has engaged in skanky or skankesque activites." Then TheE runs in and explains that skank is really just a word made up by the man to keep liberal women down. <--- luls

[Gan]

:lol:

[Warriorbird]

http://internetdefamationblog.com/wordpress/wp-content/uploads/2009/03/liskulacohen.jpg

[AnticorRifling]

That's just the media/internet taking things out of context, clearly she got something on one the bottom of one of her shoes and was trying to get a good look at it without removing the shoe (being a lady and all).

[AnticorRifling]

The real question is what book/movie/event does she have coming up that she's promoting and using this for lots of free press and or attention she wouldn't get any other way?

[Warriorbird]

http://img179.imageshack.us/img179/51/likula7sn5.jpg

http://cache.gawker.com/assets/images/gawker/2009/03/liskula2.jpg

[AnticorRifling]

Looks like an innocent game of leap frog followed by an American Idol audition. I'm not seeing the issue here.

[Parkbandit]

I want to know what the legal definition of a skank is and how is she going to prove she's not one.


That's exactly what I was thinking.

I'm fucked when Obama starts suing people for calling him a crazy ass socialist.

[Warriorbird]

I do sort of feel bad for her for this.

http://www.nypost.com/seven/07312008/news/regionalnews/bar_goons_smash_and_slash_past_122359.htm

[AnticorRifling]

I do sort of feel bad for her for this.

http://www.nypost.com/seven/07312008/news/regionalnews/bar_goons_smash_and_slash_past_122359.htm
Yeah it must suck when the fifties don't fit in your wallet and your diamond shoes are too tight....

[Warriorbird]

Ha ha.

http://img218.imageshack.us/img218/894/likula2bl4.jpg

[AnticorRifling]

Is that a tiny vibrator on a chain around her neck?

[Parkbandit]

Is that a tiny vibrator on a chain around her neck?

DID U JUST CALL HER A SKANK!??

[Tisket]

Nothing stays free forever. Some fucktard always has to fuck it up.

The Internet can't be the Wild West forever I guess. Too bad really.

What a thin-skinned bitch. She makes her living based on her looks so you'd think she'd realize that SOMEONE won't find her attractive. Moronic model.

[Stanley Burrell]

Anticor had some win posts here.

[Tisket]

1.) Sue Tisket for cyber-bullying, thereby learning her TRUE identity


I assume this model is taking legal action on the grounds that she is, indeed, NOT a skank. Libel/defamation and all that shit.

Any time I insult it's very firmly grounded in reality. And even if it isn't, my sig disclaimer protects me from legal action!

So fuck you, you effiminate asshole!

[Parkbandit]

The Internet can't be the Wild West forever I guess. Too bad really.

What a thin-skinned bitch. She makes her living based on her looks so you'd think she'd realize that SOMEONE won't find her attractive. Moronic model.


I don't know.. the longer it is free, the harder it is to push that change through.

[ElvenFury]

http://www.cyh.com/HealthTopics/library/cyberbully_9.gif

P.S. I cry because it's therapeutic, not because I'm effeminate, you citrus-headed SKANK!

[Tisket]

I don't know.. the longer it is free, the harder it is to push that change through.

There is a really good skank joke in that sentence somewhere.

[Latrinsorm]

If the Manhattan supreme court judge had been a wise Latina woman, we wouldn't have this problem.

[Stanley Burrell]

It's all a conspiracy to better our PR with Canada.

[Warriorbird]

Just DON'T TALK ABOUT THEIR JOB!

[diethx]

Anticor had some win posts here.

^

lol

[Celephais]

I want to know what the legal definition of a skank is and how is she going to prove she's not one.
From meriam webster:



Main Entry: 1skank
Pronunciation: \ˈskaŋk\
Function: noun
Etymology: origin unknown
Date: 1964slang : a person and especially a woman of low or sleazy character

Kind of a catch 22 here, by doing this she's proven herself a skank.

[Gelston]

I personally feel if you are going to talk shit you should own up to it.

[Gelston]

I assume this model is taking legal action on the grounds that she is, indeed, NOT a skank. Libel/defamation and all that shit.

Any time I insult it's very firmly grounded in reality. And even if it isn't, my sig disclaimer protects me from legal action!

So fuck you, you effiminate asshole!

If she lost the court case, would she then legally be a skank, per the US Court system?

[ElvenFury]

I personally feel if you are going to talk shit you should own up to it.

If only his identity wasn't so hard to determine...

http://www.wafflesandbeatz.com/blog/wp-content/uploads/2009/04/simpson-mr-x.jpg

[Tisket]

I personally feel if you are going to talk shit you should own up to it.

Really, I don't have any problem with forcing bloggers to own their own words IF they are afforded the same protections as a writer for the New York Times or other mainstream writers:


Bloggers and others involved in producing online content face a rough time of it. Online journalists have the highest arrest numbers of any form of media, and many bloggers wind up in jail for the political content of their writing. They were even left out of a draft of a press protection law here in the US.

link (http://arstechnica.com/tech-policy/news/2009/01/skanks-in-nyc-blog-post-leads-to-lawsuit-against-google.ars)


If she lost the court case, would she then legally be a skank, per the US Court system?

lol

[AnticorRifling]

Bloggers aren't people.

[Tisket]

Blogger's identity has been revealed. (http://www.nydailynews.com/gossip/2009/08/23/2009-08-23_outted_blogger_rosemary_port_blames_model_lisku la_cohen_for_skank_stink.html)

Oh, and she's suing Google for $15 million for having "breached its fiduciary duty to protect her expectation of anonymity."

I like the quote at the end:


"Young people today have no concept of privacy," he said. "They don't even know they've lost it."

[Drisco]

The Courts really fucked up on this one. They just unleashed a shitton of bad things upon the intranet community.

[AnticorRifling]

Good for her.

[Androidpk]

Good for her.

Are you referring to the skank or the blogger?

[AnticorRifling]

Are you referring to the skank or the blogger?
The blogger.

[Gan]

Great twist to the story. Now let's see who the last one standing will be...

[AnticorRifling]

Great twist to the story. Now let's see who the last one standing will be...
From the article it looks like the model is like "Oh shit let's get out of here."

[Tsa`ah]

The Courts really fucked up on this one. They just unleashed a shitton of bad things upon the intranet community.

I don't agree. The defendant is attempting to blur the line between journalist and source and then hide behind a vague sense of implied anonymity.

If you defame someone with a landslide of libel ... you're not free of responsibility no matter what media you use. The entire fiasco became what it is because some chick was too cowardly to confront the person she chose to defame.

Personally, I don't care about the fashion/model industry. If designers and models want to trash and thrash each other ... put it on pay per view so at the very least there's some intrinsic value to their existence. It's just kind of sad that it took a model and a fashion student to pull what could potentially be a landmark case out of the courts ... and has those in the industry trying to puzzle out the meaning and pronunciation of fiduciary.

[Valthissa]

Blogger's identity has been revealed. (http://www.nydailynews.com/gossip/2009/08/23/2009-08-23_outted_blogger_rosemary_port_blames_model_lisku la_cohen_for_skank_stink.html)

Oh, and she's suing Google for $15 million for having "breached its fiduciary duty to protect her expectation of anonymity."

I like the quote at the end:

Since she dropped the defamation suit it would appear that the purpose was to find out the identity of the blogger, not actually present a case in court. So if Google settles it's win/win, I guess.

C/Valth

[AnticorRifling]

Wouldn't that be misuse/abuse of the system though? If she knew she didn't really have a case but wanted to know who it was that made the comments. Got the name dropped the suit....

If you're going to make the court order someone out of hiding so you can go after them you should be obligated to go after them. That way if you don't have an actual case you get your ass handed to you and then you're fined for wasting the court's time.

[Tsa`ah]

Wouldn't that be misuse/abuse of the system though? If she knew she didn't really have a case but wanted to know who it was that made the comments. Got the name dropped the suit....

If you're going to make the court order someone out of hiding so you can go after them you should be obligated to go after them. That way if you don't have an actual case you get your ass handed to you and then you're fined for wasting the court's time.

Not really. She wanted the person outed in order to slap them with a defamation suit. Google stood in the way and was the target of the original suit. Unless you think she should still go after google?

... for hilarity ...

Vogue model Liskula... 08-24-2009 02:02 PM waaah I hate beautiful people

Lame.

[Valthissa]

Not really. She wanted the person outed in order to slap them with a defamation suit. Google stood in the way and was the target of the original suit. Unless you think she should still go after google?

... for hilarity ...

Vogue model Liskula... 08-24-2009 02:02 PM waaah I hate beautiful people

Lame.

sequence of events:

1) Skank post by blogger

2) Model threatens defamation suit of 3M, get Google to reveal identity of blogger

3) Model drops defamation suit after getting name of blogger (at least that's what it said in the link provided by Tisket)

4) Blogger sues Google for 15M

So Anticor was responding to my post where I said if the blogger gets a settlement it's win/win

(At least I think that's what Anticor was going on about)

C/Valth

[Divinity]

Looks like an innocent game of leap frog followed by an American Idol audition. I'm not seeing the issue here.

LOL!! I love reading your posts, Anticor.

[Methais]

Isn't it defamation only when someone presents something as fact, as opposed to opinion? Looks like the "I would have to say....." opener for the skank line reflects the blogger's opinion and isn't presented as fact.

[Warriorbird]

Generally... the issue here is that a model lying about her age can be a real work issue.

[Tsa`ah]

Isn't it defamation only when someone presents something as fact, as opposed to opinion? Looks like the "I would have to say....." opener for the skank line reflects the blogger's opinion and isn't presented as fact.

Well she apparently used all sorts of language, psychotic being one of the words. She would have a stronger case if the blogger implied factual statements ... but defamation can pretty much imply anything damaging to one's character etc. She, the model, would have to prove her character was damaged to the extent that it had an impact on her livelihood.

Hell, one could publish/speak absolute facts and still be on the hook for defamation.

There's very little chance she'll actually win the case anyway.


Vogue model Liskula... 08-24-2009 09:57 PM stfu please and thanks.

Suck it.

[Gan]

So here's the not-so-anonomyous blogger: Rosemary Port
http://assets.nydailynews.com/img/2009/08/23/alg_rosemary_port.jpg

And lets recap who she called a skank:

http://assets.nydailynews.com/img/2009/08/23/amd_liskula-cohen.jpg


I'll take whats behind door number 1...

[Drisco]

Door Number 1 has bad skin and big pores.

[Celephais]

Door Number 1 has bad skin and big pores.
A door is a door, some of them have peep holes, others have doggy doors.

*props to anticor

[diethx]

Door Number 1 has bad skin and big pores.

You're so gay.

[Drisco]

You're so gay.

Heh, it's true though. It doesn't take a rocket scientist to see that in a picture of just her face.



Vogue model Liskula... 08-25-2009 04:42 PM And you're a model? Er.. no.

Fuck You, and it's well known that most runway models are actually very unattractive.

[radamanthys]

Heh, it's true though. It doesn't take a rocket scientist to see that in a picture of just her face.



Vogue model Liskula... 08-25-2009 04:42 PM And you're a model? Er.. no.

Fuck You, and it's well known that most runway models are actually very unattractive.

Agreed on both counts.

[Gan]

Door Number 1 has bad skin and big pores.

So what does that make door number 2?

(loaded question)

[ElvenFury]

Door Number 1 has bad skin and big pores.

Then you flip her over.

[CrystalTears]

I should have known that someone would defend the skank.

The comment was an opinion on her own blog. Makes blogging less enticing when some skank can't take criticism about her looks.

THAT'S RIGHT I CALLED HER A SKANK TWICE!

[Drisco]

So what does that make door number 2?

(loaded question)

The Skank is hot lol. I thought those pictures with her getting her ass air humped made her more attractive honestly. That shit is:

1. Funny
2. Kinda Sexy.
3. Shows she's got a sense of humor


Don't get me wrong that bitch is messed up for this law suit, but she's hot.

[diethx]

3. Shows she's got a sense of humor

This whole thread proves she doesn't have a sense of humor. All those pictures show is that she likes to act like a skank.

[CrystalTears]

This whole thread proves she doesn't have a sense of humor. All those pictures show is that she likes to act like a whore.
Call her a SKANK! She loves that. She can parade around like a slut in pictures and it's fine, but call her a SKANK and she gets her panties in a wad.

[Gan]

Sorry, I'd kick the model to the curb. I'll take door number 1.

[diethx]

Call her a SKANK! She loves that. She can parade around like a slut in pictures and it's fine, but call her a SKANK and she gets her panties in a wad.

Fixed.

[4a6c1]

All of you iz skanks.

[AnticorRifling]

Call her a SKANK! She loves that. She can parade around like a slut in pictures and it's fine, but call her a SKANK and she gets her panties in a wad.
She'd have to wear panties first.