Jimmy Higgens Quasi legal threat.

Hello Sam,

It has been about 5 years.

At one point you asked me what I wanted to do with the thread about my arrest and subsequent acquittal. The thread was initially started by a member called Kungfoolss on January 26th, 2006 (5 years ago). It was commented on by many in very liable-less ways that attacked my character, my integrity and defamed me to the general public on the forums here on the site. At the time, I wanted to answer all the critics and present facts to clear my name. That done, I said to keep the thread up so that my side could be heard against the thread Kungfoolss started.

I realize there is a lot of trash talk that goes on in the forums on this site, but that does not excuse liable and character assassination by members of the site.

However, now the issue is 5 years old and not relavant to anyone except me. I would prefer not to have it come up ever in my life again since I was innocent to start. I am sure nobody likes to be insulted or liabled, especially by people that do not know them. I hope you can understand that feeling.

I have started a new phase of my life and have been advised that that thread could cause me financial losses simply by its existence and result in more untrue accusations that I would then have to again spend time and money (more losses) to defend myself with facts to those who can comment and say anything they want, but not without recourse. That issue cost me $30K to defend myself against a teenager that I could not sue and recover those losses. Now, the amounts I could lose simply because there is a accusation in my past that was proved false that exist on this site, could cost me much more than $30K.

I feel that is unfair, but forums like this allow others to deride and liable others with untrue words, but I doubt it is your intent to injure anyone by allowing discussions and forum trash talk. Therefore, I request that that thread, started by Kungfoolss, be removed and all references of it be removed from the site to help me avoid any future possible problems or financial losses.

I have had enough ‘fun’ in my life for that issue and I do not want to incur anymore damage from it as I move forward with my life in pursuit of my goals.

Since I will be leaving for Korea for a few months soon, if there are any questions or papers that need to be done, please send them to my attorney, Stewart Troy Harber at 48 East Ave, Austin, Texas 78701. Before I leave, you can also reach me at by Washington DC number 571 230 9003.

If there is someone else that I should speak to about this issue on the site if you cannot effect the change, please let me know who I should contact and how.

Thank you for your assistance and understanding in this issue and I hope it can be taken care of at the earliest possible time.

Jimmy Higgins

Proposed response:

Dear Mr. Higgins:

This is the second time that you have asked that this thread be removed. Previously I informed you that we do not take down threads. The headline of the thread was changed to reflect that you were found not guilty, and as far as I’m concerned there the matter should rest since this advertises the final result of your case. But we will not remove your name from Bullshido, or the discussion surrounding your case. If you wish to sue Kungfools (since Bullshido.net did not create this content) and figure out how to avoid the applicable statute of limitations that applies to your case you will have quite the legal challenge ahead of you.

I wish you the best in Korea.

Samuel P. Browning
Legal co-counsel
Bullshido.net

okay, If I don’t hear anything by this evening say around 9 pm this is what goes out.

Sam

Dear Mr. Higgins:

This is the second time that you have asked that this thread be removed. Previously I informed you that our policy precludes taking down threads under these conditions. The headline of the thread was changed to reflect that you were found not guilty, and as far as the site is concerned; that is how the matter should rest inasmuch as this advertises the final result of your case. Anyone who cares to view the thread will know immediately that you were acquitted.

That consideration aside, we have an established policy for these matters and therefore cannot remove your name, or any user-generated references to you and your situation, or the discussion surrounding your case from Bullshido. If you wish to sue Kungfools (the originator of the content. It is important to note that Bullshido.net did not create this content) then you have the right to pursue that course of action and Bullshido.net will fulfill all its legal responsibilities and obligations with respect to said action.

I wish you the best in Korea.

Samuel P. Browning
Legal co-counsel
Bullshido.net

Less strident, more specific. No need to tell him to “bring it on” per se.

thank you Andy, after a closing today I may tinker with it some more, I really appreciate the feedback.

Dear Mr. Higgins:

This is the second time that you have asked that this thread be removed. Previously I informed you that our policy precludes taking down threads under these conditions since Bullshido.net itself, did not create this content. The headline of the thread was however changed to reflect that you were found not guilty, and as far as the site is concerned; that is how the matter should rest since this advertises the final result of your case. Anyone who cares to view the thread will know immediately that you were acquitted.

That consideration aside, we have an established policy for these matters and therefore cannot remove the thread, your name, or censor any user-generated references to you and your situation, or the discussion surrounding your case from Bullshido.

I wish you the best in Korea.

Samuel P. Browning
Legal co-counsel
Bullshido.net

Sent 10:48 pm eastern time.

Would a FAQ for people who have been discussed on the site be helpful?

Q: I want my name removed from your website!

A: Sucks to be you; take it up with the guy who posted the thread.

In cases like this, would it be prudent to update the original post with relevant information, or would that make us liable for the content?

We should not be going into anyone’s original post to perform updates. A post at the end of the thread summarizing new information, if non-defamatory, would not make us responsible for the rest of the user generated content on the thread.