SEO Book’s Aaron Wall was sued today by Traffic-Power.com for alleged inaccuracies and lies appearing in comments other people have left on his blog. If this case goes to trial, it’ll set an important precedent in the blogging community and the Internet at large, answering a critical question, particularly for business blogs: are the comments others leave on your blog a legal liability?
Some background: Aaron Wall runs SEO Book.com, a site focused on search engine optimization strategies and on selling his smart ebook of the same name. In a discussion venue of that nature, it’s no surprise that community members talk about different SEO firms, positively and negatively, and one company that’s been the frequent recipient of negative comments on Aaron’s blog is Traffic Power.com.
Today Aaron was surprised by a certified letter from a Nevada Attorney’s office notifying him that the parent company of Traffic-Power.com was suing him for the content of his weblog.]
With Aaron’s permission, I reproduce some relevant sections of the notification in question:
“Plaintiff undertakes rigorous and extensive measures to safeguard information about its business. Internet placement optimization is a highly competitive business, and if Plaintiff’s trade secrets are revealed competitors can gain a prejudicially unfair advantage over Plaintiff. Accordingly, Plaintiff’s trade secrets are provided to a limited number of people, only on a need-to-know basis and subject to strict confidentiality agreements.
“An unidentified individual, acting alone or in concert with others, has recently misappropriated and disseminated through web sites Plaintiff’s confidential information. This information could have been obtained only through…
TP has been a thorn for Aaron for several months now and it’s really too bad to see this type of bullying.
My SEO firm has been contacted numerous times by business owners that were using the TP service and so I am quite familiar with the source of the many comments that have been made.
Note: We declined to take on any of those prospective clients because there would have been too much cleanup necessary.
Comment by Lee Odden — August 26, 2005 @ 4:13 pm
I have a feeling this will not make it to court. I’m not lawyer, but I’m pretty sure that blog comments fall under the protection of “Service Provider”, which has stood up in court to protect forums and ISP’s alike. Site administrators are not responsible for the comments that others make. If that were the case this this whole Internet thing is in trouble.
Comment by chrispian — August 26, 2005 @ 6:05 pm