"A warm fuzzy" - Golfer Fuzzy Zoeller is creatively suing for the name of the editor of his entry.
Wikipedia is a fascinating creation. It contains millions of articles, and allows them to be edited live like open-source software to share information across the globe. Of course, that power can sometimes be abused - and that's exactly what pro golfer
Fuzzy Zoeller is saying about his entry.
Apparently, one article writer took a little liberty with Fuzzy's past, talking about how the golfer was deeply involved in drugs and alcohol. The paragraph, which has since been removed, also discussed him abusing his family - a claim which both he and his family deny. Of course, it would be one thing if he were just claiming his own innocence - but Mr. Zoeller has no criminal records even hinting at these types of activities. For all intents and purposes, the claims are baseless.
Wikipedia, by its very nature, has a pretty bulletproof legal standing just in case things like this occur. In fact, it's impossible to sue the site for what its users post. However, Mr. Zoeller's golf money has been spent on some pretty slick attorneys - they first chased the ISP for an IP address of who edited the paragraph into the entry. With that in hand, they're suing the company that it came from (Josef Silny & Associates, a Miami education consulting firm) to find out just who added the information to Zoeller's Wikipedia profile. That person could then be liable for a pretty serious slander and defamation of character suit.
It has been assumed many times that because Wikipedia itself is bulletproof, that those editing the articles are by nature safe themselves. However, legal standing has always given Wiki that security by saying "it is the responsibility of the poster." It looks like now might be the time where that is really put to the test.
Have you got a thought on the suit? Let us know
in our forums.
At most, he should just be able to request the entry be removed and ask for a public apology to be linked on the wiki entry for a certain amount of time. No monetary compensation or criminal charges.
And I'll be surprised if the person who did it wasn't caught.
So if I say hes an idiot on here, is he going to sue me :)
Fair enough, publicity *****s like Jade Goody, who chase fame for its own sake and out of greed, and achieve it through shameless self-publication, are being hypocritical if they later turn around and complain when they are rounded on by the very people who handed them their success. I have very little sympathy. Similarly, premiership footballers who behave like thugs, or who cheat on their wives or are done for drink driving, speeding etc. and have their faces splashed across the papers as a result deserve everything they get.
But, from what I can see, this guy has been victimised via wikipedia purely because he is a successful golfer who has earned modest fame and fortune as a result. He isn't a courter of controversy, has kept his nose clean, and (while he has to accept that being recognisable means paps will want to take photos and that, as a result, he will be watched to an extent) has the same right to privacy and to fair treatment as you and I. There is no counter-argument.
There's a lot of difference, however, between saying someone is an idiot (which is a personal opinion to which you are entitled), and saying he is a drug abusing alcoholic wife beater. Any newspaper can call someone an idiot, but if they suggest he has been involved in criminal activity, or make specific allegations about his past, then there is a definite cause for a libel action.
So this guy should just get a life. Wikipedia is not fact. If anyone believes it is, they are uneducated and possibly of low intelligence. May as well sue the tabloids for misrepresenting you to all the uneducated welfare-sponging people who read that crap. Cause that always works, right?
The wp community is very much about collating and storing knowledge, and my experiences of the site are very positive. You say wp users are generally leftist and biased, but I would strongly disagree. Wp users are generally reasoned, intelligent individuals who consider their points of view and are able to corroborate them with evidence. There is, of course, a bias towards scientifically demonstrable information over pure hypothesis, but that is no more than a function of the information itself - certain things are much more readily supported than others. For example, would you expect a wp page about the theory that the earth is flat and stationary and the sun, moon and stars revolve around it to carry the same weight as one about the factual properties and relationships between the heavenly bodies as we know them to be?
If by 'leftist' you mean free-thinking rather than dogmatic, egalitarian rather than prejudiced, in favour rather than against individual liberty, and seeking to extend rather than prohibit the availability of knowledge, then you are bang on the money in saying that wp users typically exhibit those traits. The internet generally has always been a place where these values flourish. But who wouldn't want to be a part of that?
From our research, most cases (upwards of 90%) rule in favor of the defendants, and for those that don't, the plantiff very rarely gets back even what they spent on legal fees, let alone any additional compensation. The best defense (and ours) is the truth. If your statements are truthful there is no case. If your statements are not truthful, then it becomes a question of context. Are the statements in an opinion area? or are they being presented as factual and not "your belief". Then, if that is found true, damages can be awarded... you then have to prove damages. So, if Fuzzy can prove these claims he then has to shown where and how he was damaged in order to receive any award of compenstation. If, for example, the pro tour decided to not invite him to a tournament cause they read on Wiki that he used drugs then he would have a potential for compensation.
SLAPPs are a slang term where by those with money (usually corporations) use the legal system to drive away those voicing things they don't like. For example a consumer will complain that a company is selling sweat shop child labor clothes. The corporation doesn't want to admit to this or change it's ways so it'll sue on the ground of defamation with the belief that the little guy will either be scared and go away or not be willing to put up money to defend their position.
So far he, and his attorneys must have put quite a bit of money into this search... he probably won't even get that back.
I mean, if i play golf, and its my hobby, and i get really good at it, and then i enter tournaments and are possibly the best golfer in the world
Why should my privacy be invaded, why should my every move be monitored, why should people rummage through my garbage - its just sad
If you don't want to be monitored, i don't think you should be, people complain celebrity's lock themselves up in big houses with large gates, but maybe that's just because the paparazzi are monitoring your every move
also claims like this, if unfounded could be very damaging to your career, and whoever posted this deserves to be sued
At the very least wikipedia.org will go on their list of banned sites along with all the others.