It's time for You the Reader to be the Judge: The facts are these. Perez Hilton (real name Mario Lavenderia) writes a personality-oriented gossip blog site. On that site he has a legal disclaimer concerning emails sent to his official address. Well Diane Wargo communicated with Perez Hiton through the official email. Wargo chose to be confrontational in her emails to Perez Hilton. But after her emails and her email address were posted on www.perezhilton.com, her life changed. She began receiving "not nice" emails from Hilton readers/fans; she was fired from her job, and threats have been made against her husband and child. So being America- she finds a lawyer and sues. But....and this is a big but...on most web sites there are disclaimers about material sent to sites- Perez has the following: Perez has been sued before and prevailed. The outcome of this case may affect websites and bloggers world wide. The smoking gun link has more of the particulars- I am trying to be objective.
From the Perez Hilton Website is the following:
If you do post content or submit material,
including emails sent to official email addresses of PerezHilton.com,
Perez Hilton or his agents, employees, affiliates or assigns, and
unless we indicate otherwise, you grant PerezHilton.com and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant PerezHilton.com
and its affiliates and sublicensees the right to use the name and email
address that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all
of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you
will indemnify PerezHilton.com or its affiliates for all claims
resulting from content you supply. PerezHilton.com has the right but
not the obligation to monitor and edit or remove any activity or
content. PerezHilton.com takes no responsibility and assumes no
liability for any content posted by you or any third party.
Perez has been sued before and prevailed. The
outcome of this case may affect websites and bloggers world wide. How do you as a reader see this case....What is your verdict? Be Objective! Post it in the comments below- and please keep it clean!
Smoking Gun- Story Wargo v Hilton (Original Email/Hilton Post)
PDF Wargo v Hilton complaint
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