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Barbara Bauer’s Lawsuit Against the Internet Starting to Gain Some Traction

Barbara Bauer, named one of the publishing industry’s 20 Worst Literary Agents, has sued over 19 bloggers and website administrators for allegedly defaming her. The New Jersey Star-Ledger has reported on it, in part because Bauer is a local resident. Wikipedia and Science Fiction and Fantasy Writers of America website have been named as well as Preditors & Editors. I’m glad that Wikipedia lawyers are getting involved. They have alot of experience in this realm. To date, Section 230 of the Communications Decency Act has begun to be interpreted fairly broadly to immunize websites from the actions of its commenters (and in Wikipedia’s case, the actions of the webizens who edit it).

The individuals responsible for editing and commenting, however, do not have the same protections. The problem I think for Bauer is in defamation suits, an absolute defense of libel is the truth. Any of the defendants would have the right to prove that Bauer had no good reputation from her own acts. Her whole life will be under the microscope now ala Roger Clemens and his multitude of affairs that are now seeing the light of day.

Via SmartBitches.

Jane Litte is the founder of Dear Author, a lawyer, and a lover of pencil skirts. She spends her downtime reading romances and writing about them. Her TBR pile is much larger than the one shown in the picture and not as pretty. You can reach Jane by email at jane @ dearauthor dot com

7 Comments

  1. Gennita Low
    Jun 30, 2008 @ 19:41:22

    I’m keeping an eye on this one as well. It should be interesting to hear Barbara’s side answering some questions.

  2. Maya Reynolds
    Jul 01, 2008 @ 07:54:31

    Has anything come of any of the other lawsuits she filed back in February? I’m thinking specifically of the one against Dave Kuzminski and Preditors and Editors.

  3. Jane
    Jul 01, 2008 @ 07:59:55

    This is the same one Maya.

  4. Jia
    Jul 02, 2008 @ 13:36:49

  5. Judge Dismisses Bauer Lawsuit Against Wikimedia/Wikipedia | Dear Author: Romance Book Reviews, Author Interviews, and Commentary
    Jul 03, 2008 @ 11:16:10

    [...] the grounds that the CDA provided a safe harbor for websites that host content created by others. I thought that this would be the ruling “To date, Section 230 of the Communications Decency Act has [...]

  6. Dawno
    Jul 04, 2008 @ 13:32:59

    If you would like to help the defendants in this case, please visit http://authoradvocatedonations.googlepages.com/home and consider a donation to their legal defense fund. Thank you.

    Dawn O’Bryan-Lamb
    fund administrator

  7. Ron Shiketa
    Jan 08, 2009 @ 01:40:36

    In response to the above, the named individual had embarked an unprovoked maniacal verbal attack on several employees @ RR Bowker for many months. She had left some of these tirades on voice mail servers, knowing that they could be used against her. She may present herself as the mild mannered person she would like you to think she is, but she is a foul mouth individual who rants and raves. Her verbal attacks ceased when RR bowker”s legal department threatened action against her.

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