全 29 件のコメント

[–]ChemPossible 228ポイント229ポイント  (11子コメント)

I'm guessing you would go after his estate for libel. Even if he doesn't have an estate, it's possible that such an action could include a motion for the website to be taken down.

[–]well_golly 49ポイント50ポイント  (0子コメント)

His estate owns the website, and if it as already transferred to one of his heirs, then it is time to sue the heir(s). If it was put into a trust, then it is time to sue the trust. Someone, somewhere, owns the right to what he bought from Godaddy. Take that right from them.

[–]Qlanger 76ポイント77ポイント  (5子コメント)

Is go daddy also the host? Just because you have a domain it still has to be hosted.

Contact the host and file a complaint with them. See if they will take it down while they ask him/his estate to answer.

[–]SecTrono 32ポイント33ポイント  (2子コメント)

Godaddy is also a host. They arent very good and i wouldnt normally recommend anyone use them but for a situation like this their services would work well. OP could make a similar page themself explaining the situation. With the proper promotion people will see OPs page before they see anything else. Its easy to win a war of marketing when the other side is too dead to take any counter measures.

[–][deleted] 12ポイント13ポイント  (1子コメント)

Yes, GoDaddy is the host. According to the WhoIs, the domain is registered for the next 10 years. Knowing this guy, I wouldn't put it past him to have paid for hosting through that time too.

Its easy to win a war of marketing when the other side is too dead to take any counter measures.

There is third party involvement, though. One of his associates is updating the website and adding content to it. I know who this person is because the first thing they did was create an entirely new domain name and site dedicated solely to promoting these libelous accusations that I was able to find through a Google search of my name (which I did because I suspected him of defaming me publicly after the case). That person's personal information was shown when I searched WhoIs, and I recognize them.

That person never officially published that website to the public yet so I'm not sure if there is anything I can legally do about it. It redirects back to Google when you go to the URL, but if you do a search and find the site on a search engine, the preview of what is supposed to be written on it matches the text of the page I referenced in the OP word for word, so I know the same person is editing both sites.

[–]YesNotReally 10ポイント11ポイント  (0子コメント)

That is the person you should focus on first. He's currently acting against you, involved in the first site, and alive.

[–]Luxin 6ポイント7ポイント  (1子コメント)

On what basis would a host remove such a page? The hosting contract probably has language about offensive material. But this most likely does not meet such a standard.

Finding the host could also be a nightmare with subhosting contracts. Could be layers.

[–]Qlanger 7ポイント8ポイント  (0子コメント)

Many host do not want trouble esp if they are smaller so in cases like this anything that might be libel/defamation, harassment, etc... the host may say thanks but no thanks esp for a small page like what I believe the OP is describing.

I agree the host could also say bug off as well without a court order.

[–]lindseigh 28ポイント29ポイント  (0子コメント)

Have an attorney send a demand letter to the Estate. I'm guessing the PR of the Estate probably doesn't care enough to hate you like this man did, and would rather agree to remove the content as opposed to litigating it.

[–]wildairraid 6ポイント7ポイント  (3子コメント)

It is not GoDaddy's place to verify the accuracy of the content published on their client's website, nor is it GoDaddy's place to judge whether the content published is libel/slander.

With that said .... you need just that .... a judge. You would need to have a judge evaluate the contents versus your facts and then if the judge sees the speech is illegal they will give you a court order, which will compel godaddy to remove the content.

[–][deleted] 2ポイント3ポイント  (2子コメント)

If a portion of the lawsuit I filed against this guy was over an ownership dispute of personal property and I have a court order proving that the judge awarded sole ownership and usage rights to the items to me, but the website claims he still legally owns it and that it was stolen from him, is that though?

[–]SithLord13[🍰] 2ポイント3ポイント  (1子コメント)

If I understand your question correctly, yes. Even when it's obvious, GoDaddy doesn't need to do anything without a court order. It's generally good that they don't because there may be some minutia or dispute that it would not pass muster for a court order and freedom of speech almost always trumps potentially libelous speech. The only way to remove that potentially is a court order stating that that specific web page is in fact libelous.

[–]pharbero 0ポイント1ポイント  (0子コメント)

The court order wouldn't need to say that. It would just need to say "Stop hosting this website" for whatever reason a judge sees fit. The host will comply to avoid liability.

[–]bkllbcmp 3ポイント4ポイント  (0子コメント)

Write a demand letter to the estate and the person you know to be running the site outlining the defamatory conduct. If they are unwilling, file a complaint seeking damages and injunctive relief against the estate and the third party. Godaddy will not be a defendant as they have no liability under section 230 of the communications decency act. The parties who control the content will be ordered to remove the libelous content and maybe pay.

[–]BassSounds 1ポイント2ポイント  (0子コメント)

The legal target just changes from the person to his estate.

[–]pharbero 0ポイント1ポイント  (0子コメント)

If all you want is to have the page taken down and not receive any sort of compensation for libel, there is most likely a provision in Virginia law (somebody more familiar with the jurisdiction help me out here) for a petition to the Court for injunctive relief. That would be easier and much cheaper than framing your request within an action for libel. Basically you petition the Court for an Order against GoDaddy specifically to remove the offending website. You serve GoDaddy and they have a chance to respond. It seems unlikely that you'd have to serve the estate but I could be wrong about that. You won't receive damages but GoDaddy gets the Order to take down the website and they will comply. It's likely they don't even appear to argue the matter as it's really not worth their time, but you'd still have to prove your case to get the Order.