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Home > Citadel Security Software v Does 1-5

Citadel Security Software v Does 1-5 [1]

Submitted by DMLP Staff on Fri, 10/17/2008 - 14:25

Summary

Threat Type: 

Lawsuit

Date: 

03/16/2005

Status: 

Pending

Disposition: 

Dismissed (partial)

Location: 

Texas

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Trade Libel
Citadel Security Software (CDSS), a company that provides "enterprise vulnerability management solutions," sued five "John Doe" defendants who criticized CDSS on a Yahoo! Finance message board focused to the company. On March 16, 2005, CDSS sued the five anonymous posters for defamation and... read full description
Parties

Party Receiving Legal Threat: 

John Does 1 - 5

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • Texas

Location of Party: 

  • Minnesota

Legal Counsel: 

Paul Alan Levy, Allison M. Zieve - Public Citizen Litigation Group (for onlymybusiness99)
Description

Citadel Security Software (CDSS), a company that provides "enterprise vulnerability management solutions," sued five "John Doe" defendants who criticized CDSS on a Yahoo! Finance message board focused to the company. On March 16, 2005, CDSS sued the five anonymous posters for defamation and business disparagement and subpoenaed Yahoo! to get the identity of the posters.

On April 4, 2005, one of the users of the message board, "onlymybusiness99," filed a motion to quash the subpoena [2].  In his motion he argued that there is neither allegation nor evidence that the speakers committed any legal wrong, and because in any event the case was improperly filed in Texas against and he or she lives in Minnesota.

On May 3, 2005, CDSS voluntarily dismissed it's claims against "onlymybusiness99" before the court had a chance to issue a decision on the motion to quash.

As of October 17, 2008, there has been no further action in the case.

Related Links: 

  • CyberSLAPP.org Entry on the Case [3] (scroll to Citadel Security entry)
  • Collin County Court Case Summary [4]
Details

Web Site(s) Involved: 

Yahoo! Finance [5] forums

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Anonymity
  • Subpoenas
  • Financial Forums
Court Information & Documents

Jurisdiction: 

  • Texas

Source of Law: 

  • Texas

Court Name: 

District Court of Collin County, Texas

Court Type: 

State

Case Number: 

416-00886-05

Relevant Documents: 

PDF icon 2005-04-04-Motion to Quash Subpoena to Yahoo.pdf [6]
PDF icon 2005-04-04-Special Appearance of onlymybusiness99.pdf [7]
CMLP Information (Private)

Priority: 

2-Normal

Threat Source: 

CyberSLAPP.org

CMLP Notes: 

Docket is available on Westlaw

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/citadel-security-software-v-does-1-5

Links
[1] https://www.dmlp.org/threats/citadel-security-software-v-does-1-5
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2005-04-04-Motion%20to%20Quash%20Subpoena%20to%20Yahoo.pdf
[3] http://www.cyberslapp.org/cases/index.cfm
[4] http://www.co.collin.tx.us/rsp-bin/pbkr125c.pgm
[5] http://finance.yahoo.com/
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-04-04-Motion%20to%20Quash%20Subpoena%20to%20Yahoo.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-04-04-Special%20Appearance%20of%20onlymybusiness99.pdf