Marty Thomas suing Twitter

The actor, who has been seen in WICKED and XANADU, is demanding to reveal who runs the now-shut-down Twitter-name "BwayAnonymous," which suggested that, among other things, an AVENUE Q cast member transmitted pubic lice to Thomas.

http://www.nydailynews.com/ny_local/2010/10/13/2010-10-13_broadway_star_of_xanadu_and_wicked_marty_thomas_sues_to_reveal_twitter_poster_be.html?r=entertainment

Sounds like the equivalent of grade school scribblings on the bathroom wall.

I feel bad for him but this publicity isn't going to do him any favors either.

Indeed, go for it.

Yes. It's exactly what they are for, actually.

Get over it, Marty! Did you also complain to the teacher when someone called you a name in grade school? sheesh.

Oh, I don't know - any performer knows that getting their name out there (in any context) is the first hurdle to establishing a career.

Look at Vanessa Williams, for instance - the porn/beauty queen issue is what made the larger public notice her.

The issues of online libel, slander and invasion of privacy are fascinating, and a case like this, in which an individual sues a giant technology company, could help define how those established laws will apply to the new media.

If this goes to court, Marty might have a good chance of winning. Probably not for libel or slander, but very possibly for invasion of privacy: Asserting that someone has a sexually transmitted condition would fall under what the courts consider invading a person's right to privacy about "medical conditions."

So Twitter would have to decide whether they will give up the name or defend their right to keep their subscribers' anonymous.

In this way, Twitter is actually the OLD new media, because it still uses fictitious screen names to provide anonymity. (Like BroadwayWorld.)

The NEW new media is what Facebook has created: Your name and your face is attached to everything you say.

The article quotes one of bwayanonymous's posts as saying "Before 'damages' even become relevant, you have to prove something was libelous or slanderous in nature. "So if someone posts something that is actually true, or posts it in a way that doesn't assert it as a fact, then it isn't libel, or slander. It just means that you have to stop acting like a moron."

But that's just not true. "Truth" can be used as a defense against slander and libel but NOT against invasion of privacy.

newintown--maybe you should check some of your old posts.

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"newintown--maybe you should check some of your old posts."

Or at least learn the purpose of the judicial system.

I love Marty, and while I do agree that should absolutely look after his best interests, I wonder if suing will do more harm than good in the end. How many people knew about the tweet, and if so even remember it? Will Marty will be known as the guy that had to sue to prove he didn't have crabs. Howard Stern and Regis and Kelly have already discussed it. Marty has a great point, but in the end, is that what people will remember?

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PJ gave a pretty great summation of why this is EXACTLY what our courts are for- and while you jest that this is like getting called name in Grade School people sue over things like getting called a name in grade school all the time.

The issues the courts will have to decide will include is this guy well-known enough to be considered a public figure? Did this allegation cause him harm? Can Twitter be held liable for its user's posts?

This is exactly how law is made when a new technology appears.

The theater community seems to be rallying behind him.

Apparently a lot of actors would like to put an end to what they call "anonymous defamation"--and who can blame them?

One of them even referred to the "a$$ who posted lies on BroadwayWorld a year ago"...

newintown--were you the ass?

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Or were you referring to some other "lie?" From a year ago?

... What would that be...? Oh, I wish people would be more specific with their words.

As in any occupation there's a lot of "playing nice" in the theatre, i.e. saying only positive things even when there is room for criticism, out of reluctance to spoil a relationship.

That's the prime fun of chat boards like this - once in a while, you can tell that the info is coming from a primary source.

Unfortunately, you have to listen to a lot of griping from people whose parents hit them if they ever said a negative thing, instilling in them a horror of anything but the most pleasant and sweet of statements.