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Chattel Property - Vesting. Caplan v. Atas [see the main link for numbered case cites]
In Caplan v. Atas (Sup Ct, 2021) the Superior Court finds a new tort, that of 'internet harassment'. In this quote the court considered the unique (and IMHO legally dubious, as ownership of information is very uncertain) internet defamation remedy of "vesting title to the postings in them" (ie. the plaintiffs) as an aid to having them removed:(c) Order to Remove Impugned Content
[228] I accept that the court can order a defendant to remove offensive content on the internet.[75] Such an order will certainly not be effective in this case. First, Atas has shown already that she will not follow court orders. Second, as reflected in the record, Atas has posted to sites that have policies of not removing content simply on request. Third, it is not reasonable to suppose that Atas will even remember all the places and ways in which she has posted content wrongfully on the internet. Fourth, the proposed order requires Atas to undertake removal of content “at her own expense”. Atas is currently destitute and will use that circumstance to excuse her compliance with any steps that would cost a materials amount to pursue. Fifth, any remedy that by its nature will require ongoing involvement between plaintiffs and Atas will almost inevitably lead to conflict and further litigation. As explained in the Judgment, Atas seeks out conflict with her opponents, and seeks to extend and complicate that conflict. The court itself has an interest in seeing the overall conflict brought to an end. The alternative order proposed by the plaintiffs: vesting title to the postings in them, with ancillary orders enabling them to take steps to have the content removed, will be more effective for them.
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