Doe v. Fortuny [1]

On February 20, 2008, an anonymous plaintiff sued Jason Fortuny in Illinois federal court for copyright infringement, invasion of privacy through the publication of private facts, and intrusion, after Mr. Fortuny allegedly posted his photograph and personal information on the Internet.

Mr. Fortuny, a now-famous Internet "troll" who was featured in an August 2008 New York Times article [2], performed a notorious "Craigslist Experiment" in 2006, in which he posted a fake ad on Craigslist pretending to be a woman seeking a “str8 brutal dom muscular male” for sex. According to the New York Times, over one-hundred men responded, providing photographs and contact information. Mr. Fortuny allegedly posted this material to his blog, RFJason [3], and Encyclopedia Dramatica [4] (described by the New York Times as "an online compendium of troll humor and troll lore"). Mr. Fortuny disputes posting the photographs and contact information to Encyclopaedia Dramatica.

One of the men who responded to Mr. Fortuny's prank filed the Illinois lawsuit, claiming that Fortuny violated his copyrights and invaded his privacy by posting his photograph and personal information. The complaint [5] seeks $75,000 in damages and requests an injunction requiring Mr. Fortuny to remove the photograph and contact information from his website.

Mr. Fortuny is representing himself in the lawsuit. On July 11th, 2008, he filed a letter [6]that the court treated as a motion to dismiss. The motion, in which Mr. Fortuny challenged the court's jurisdiction over him and the substance of the plaintiff's claims, is pending.

Before filing suit, the anonymous plaintiff sent Mr. Fortuny and his web host a DMCA takedown notice [7]. Mr. Fortuny sent a counter-notification [8], and his host restored the material. Please see our related database entry, Doe v. Fortuny (Correspondence) [9].

Update:

4/9/09 - The court entered a default judgment [10] against Fortuny, requiring him to pay $74,252.56 in damages, attorneys fees, and costs.