Ok ... I received an email from Mr Pilchesky accusing me of identity theft this morning ... I must admit that this email did throw me for a bit of a loop ... but after thinking it through and discussions via email with my moderators (who also have ownership in this place ... at least that's my opinion) ... they didn't really think that Mr. Pilchesky has a case as I was the one who alerted him to the fact that there was an imposter out there and that I wanted him to be aware.
I just thought that it would be a common courtesy to let you know that someone at PD has registered using your name ... I can not prove it is not you ... however the posts are not in your style of writing.
I know that I didn't like it when someone registered my username at your site so I thought I would let you know that someone has done this ... we can at the very least be civil to each other even if we do not agree.
LusOnlyVoice
Administrator of PD
Clearly it shows that I did not at anytime try and deceive Mr. Pilchesky! That was March ... now here it is mid July and well now Joey has a problem with it ...
When's the last time you saw a federal lawsuit for theft of identity, among other things, up close and personal? You have 24 hours to remove all posts that your forum purports to be posted by me interacting with other posters.
Joe Pilchesky, the real one.
cc: Sparklit Trooper Fozard, PA State Police (computer crimes expert)
I Mr. Pilchesky have not ever tried to be you ... in fact sir I want to be the furthest thing from you ... believe me ... I try to treat others as I would want to be treated ... you sir are doing to us here exactly what you didn't want done to you ... that's ok ... you will do what you want ... we have made it very clear on this board that this was a "Fake" Joe and I think that should be sufficient ... if it is not all I can do is offer you my apologies ... but that is all I can do.
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Mr. Pilchesky has no leg to stand on, as he permits the exact same act on his website that he accuses you of allowing on yours.
The following is a complete list of certified members of DohertyDeceit.com who are using names of people they are obviously not, or are using the names of copyrighted characters, movies, performers, products, publications, etc.
Every one of these names can be viewed by anyone by logging in to DohertyDeceit.com and clicking on the "List all members" function.
As you can plainly see, Mr. Pilchesky allows continued abuse of identities and permits the very act that he complains about and labels "identity theft."
Let it be known here and now that there is currently no person that is a member of this website posting under the name of Joe Pilchesky, and any such posts were immediately identified by the site administrator as fake. Mr. Pilchesky can not make a similar claim about fake identities or identity theft on his site.
Technically, every single post on this board posted under the user name "Joe Pilchesky" was in fact posted by Joe Pilchesky as he was interacting with other posters. Everything attributed to him here was a direct copy paste from across the hall.
Like it or not, Joe's a public figure. Under any other circumstance, he would be the first and loudest defender of parody as free speech.
It looks like Lus is holding an ace high straight flush, old man, and you've just been called.
For the record, that list is quite real. If Joe wants to delete all of those accounts on the basis of copyright violation or identity theft he may have a case. Obviously his checks and balances are not very good or those accounts would not exist.
Furthermore, any lawsuit would be met by a counter suit - demanding to know the identities of all of the above posters.
It is my theory that many of them are identities created by the same user, in that, many of them were created only one minute before or after another person on that list joined his website. I doubt it's a coincidence, and one that I'd be willing to see play out in court. Not only is Mr. Pilchesky accusing this site's admin of allowing identity theft, I allege that Mr. Pilchesky himself may be the owner of several, if not many, knowingly false identities, therefore committing the act of "identity theft" himself.
I doubt very much that Chris Kelly, John Cole, Betty Crocker, Beavis and Magnum PI were really the ones who created those DohertyDeceit identities and would be willing to have Mr. Pilchesky prove in court that he did anything to prevent those identities from being stolen.
I have to take exception with only one name on Art's list. The user named "Jackass" has to my satisfaction proven the truth and validity of that name. They have also lived up to it, as have most ( nay virtually all I should say) of the posters at DD
Oh and one more thing......Joey?? Welcome to the world of Public Figures (you are one btw by way of your most enormous ego and loving the lime light) as one it gives the rest of the public a lot of lee way in what they can say dear. You know that pesky thing about freedom of speech you love so much. Maybe this person wasexpressing their right to parody a "Public Figure" who knows?? I personally thought it was pretty funny!! Who loves ya baby??
Damn the more I think about that email the more I have to laugh, what a piss-the-pants baby he is LOL LOL What's next? He going to tell his Mommy on you? What an A-hole!! Boo hoo boo hoo I want my mommey!!
-- Edited by IHavehadenoughofhaters at 20:38, 2007-07-17
I must admit that early in the morning I was nervous for reasons other than Mr. Pilchesky ... he is actually the least of my problems right now and I will not bore you all with the sad facts of my life ... but anyway he threw me for a loop as I was in a very emotional state when I read that email ... I immediately tried to remedy the situation as I had (if only for a few hours) changed the user name to Joey Blowcheski ... I thought this would be the perfect solution to the problem ...
But then through correspondence with my moderators ... I came to understand that by doing that Joey wins ... and well I did nothing wrong so ... I changed things back to exactly the way they were.
As I said in my original post ... I did not ... and will not ever pretend to be anyone other than who I actually am ... if I were going to steal someone's identity ... it certainly would not be the identity of Mr. Joe Pilchesky ...
When this particular poster registered I alerted Mr. Pilchesky out of common courtesy ... I didn't have to do that ... I could have just let it go ... but ... I felt that he shold know ... he would not ... and in fact ... did not show me that same kindness when someone was posting on DD claiming to be me ... but ... I will not stoop to his level.
I also sent an email to all of my moderators alerting them to the fact that we had a fake Pilchesky ... I posted that this was not Mr. Pilchesky ... so I think that he is going to have a hell of a time proving that I stole his identity considering that it was not I who impersonated him.
Have at it Joey I'm in a better place today than I was yesterday ... and like I stated ... you are not my biggest problem in this world ... and this would be the second time that you have decided that it would be a good idea to sue me ... so I guess I'll just have to get used to that!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
How exactly did you steal his identity again? You alerted him and your web site moderators that a person was claiming to be a public figure who runs a "highly trafficked" web site, and he didn't respond. The posts were immediately flagged on your site and the offending poster's account was deleted.
He's going to have a rough time proving you, or anyone else here stole anything. Wouldn't he have to prove harm? Doesn't he have judges and senators to slander? This is complete nonsense.
Oh hell Art if he's picking on me he's leaving someone else alone for a change ... I guess I can take it ... give everyone else a day off!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Sanctions ... now there is a word ... yep I like that word!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
And well I have to say that I hope he does not register here under his name ... because I can't approve him now ... nor can I ever believe that it is him if he does register here ... do you think that was his real goal with the email ... this way he can claim that we will not approve his membership? I think that was the real goal of Mr. Pilchesky ... I don't think that he ever thought that I would post his email ....
I think this was his goal ... How could anyone who registers under that name now be approved? This way he can claim that we are afraid to let him in ... it's not that ... it's just that I won't know it's him ... hmmmmm ... I guess he got what he wanted.
Now this theroy is simply my opinion and I have no proof ... but it is my opinion ... what do you all think?
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
The username "Joe Pilchesky" has been taken. It happens. I wanted to be "Art Gordon", but some schmo already had that screenname and I had to go with "Paul". Too bad, so sad.
If he really wants on, he can still register as "J Pilcheski", "Joanne's Husband" or simply "Dickhead".
You're not denying him access, he just can't use his name as his handle. Besides, you are under no obligation to approve anybody. You can deny anyone for any reason. It's not anything he can sue you over.
.....oh wait. Consider the subject...
It's not anything he can SUCESSFULLY sue you over.
Let him bitch all he wants. Nobody takes anything he says seriously anymore anyway.
Did they ever really take him seriously ... you know what I know a few of the people that have been targeted by the DD'ers and you know what ... they don't really care .... they know the truth ... and they say it's like a badge of honor ... can you imagine ... they laugh about it!
As I told you I know Joe Brazil and well when Joe was saying that I was Joe ... I was upset and talked to Joe about it ... he thought it was funny ... here I was stressing because I thought a process server was going to be coming to his door to serve him with the first threat of a lawsuit ... and Joe thought it was funny ...
I guess you are right Paul ... he won't approve me ... so why would I approve him!
I'm wrong ... He would have approved me if I changed my way of thinking ... and you betcha Joey I still have the email that you made that statement in ... I will cherish if forever and always!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
You should post that e-mail too. And the one where he threatened to sue you. You could probably get a hell of a thread going just on Joe's ridiculous e-mail gems alone.
So you wanted to be Art Gordon? Well I've contacted my attorney because I believe that wanting to be me constitutes conspiracy to commit identity theft.
Consider this a warning, or else you'll be looking at a Federal lawsuit pal, I mean Paul.
Come to think of it, I met a guy named Paul once. Seemed kind of shady to me, like he was thinking about spying on me or something. I wonder if that was you.
(Note to self: Sue everyone named Paul just in case)
Quote: John Coles Political Cartoonist at the Time Tribune
~~Depending on how you view him, Joe Pilchesky is either a busy man or has way too much time on his hands.
In addition to maintaining a political-attack Web site, the Scranton resident and political gadfly has made a past-time of suing city and county officials. Unfortunately for Pilchesky, the courts haven't shared his enthusiasm and tossed out nearly every one of his many lawsuits. - posted by John Cole at 8:19 PM | 0 Comments~~
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Curley Joe Pilchesky (political stooge) I know you read this site so I'm going to educate you on exactly what identity fraud is ... read the following post very carefully and you just may learn something ...
Hey you have defamed my name by proclaiming me an identity thief ... should I sue you? I'm thinking I should ... afterall isn't that why you are suing Mrs. Gatelli ... because she made false accusations (according to you anyway) against you! Anyway I think I will take the high road for now and try and educate you ... please remember that I am not a DumbBlonde!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Especially for Mr. Curley Joe Pilchesky ... political Stooge ... with all my love LusOnlyVoice
Read and LEARN:
What is identity theft?
Identity theft occurs when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes.
The FTC estimates that as many as 9 million Americans have their identities stolen each year. In fact, you or someone you know may have experienced some form of identity theft. The crime takes many forms. Identity thieves may rent an apartment, obtain a credit card, or establish a telephone account in your name. You may not find out about the theft until you review your credit report or a credit card statement and notice charges you didn't makeor until you're contacted by a debt collector.
Identity theft is serious. While some identity theft victims can resolve their problems quickly, others spend hundreds of dollars and many days repairing damage to their good name and credit record. Some consumers victimized by identity theft may lose out on job opportunities, or be denied loans for education, housing or cars because of negative information on their credit reports. In rare cases, they may even be arrested for crimes they did not commit.
How do thieves steal an identity?
Identity theft starts with the misuse of your personally identifying information such as your name and Social Security number, credit card numbers, or other financial account information. For identity thieves, this information is as good as gold. Skilled identity thieves may use a variety of methods to get hold of your information, including:
Dumpster Diving. They rummage through trash looking for bills or other paper with your personal information on it. (I think that the DD'ers have admitted to Dumpster Diving ... don't know exactly what they are looking for ... but it's a sign of Identity Theft. Hmmmm I never did this!) Skimming. They steal credit/debit card numbers by using a special storage device when processing your card. Phishing. They pretend to be financial institutions or companies and send spam or pop-up messages to get you to reveal your personal information. Changing Your Address. They divert your billing statements to another location by completing a change of address form. Old-Fashioned Stealing. They steal wallets and purses; mail, including bank and credit card statements; pre-approved credit offers; and new checks or tax information. They steal personnel records, or bribe employees who have access. Pretexting. They use false pretenses to obtain your personal information from financial institutions, telephone companies, and other sources.
What do thieves do with a stolen identity?
Once they have your personal information, identity thieves use it in a variety of ways.
Credit card fraud:
They may open new credit card accounts in your name. When they use the cards and don't pay the bills, the delinquent accounts appear on your credit report. They may change the billing address on your credit card so that you no longer receive bills, and then run up charges on your account. Because your bills are now sent to a different address, it may be some time before you realize there's a problem. Phone or utilities fraud:
They may open a new phone or wireless account in your name, or run up charges on your existing account. They may use your name to get utility services like electricity, heating, or cable TV. Bank/finance fraud:
They may create counterfeit checks using your name or account number. They may open a bank account in your name and write bad checks. They may clone your ATM or debit card and make electronic withdrawals your name, draining your accounts. They may take out a loan in your name. Government documents fraud:
They may get a driver's license or official ID card issued in your name but with their picture. They may use your name and Social Security number to get government benefits. They may file a fraudulent tax return using your information. Other fraud:
They may get a job using your Social Security number. They may rent a house or get medical services using your name. They may give your personal information to police during an arrest. If they don't show up for their court date, a warrant for arrest is issued in your name.
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Ok ... so now we have learned a bit about Identity Theft/Fraud ... and yes Joe it is a very serious crime ... and by no means am I trying to make light of this crime ... but you are not a victim as I have not done this ... I was not the poster using your name ... but you are like a small child crying ... boo hoo ... what are your damages Joe ... who actually caused you any financial harm ... or any other harm from using your name ... and as I look back through your site ... the person who did this used your words ... not all of them ... but copy and paste ... what can you do ... this harmed you how?
You know what ... go ahead and sue me ... the more I think about it ... the more I think I will be the one who walks away the winner when I counter sue for defamation of character and slander ... and like I posted earlier ... can you say SANCTIONS?
I'm thinking much clearer than I was on Tuesday morning ... and I am educating not only you on identity theft ... but I am also learning about it for my own personal well being ... So $ue Me! I smell a winner ... but not for you ... for ME and for the moderator's of this board as I beleive that you have also smeared the character of these fine people ...
I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Alll-righty ... take a couple of days off and the $hit hits the fan withOUT me??? C'mon...
First of all, HUH?
Secondly, who was the genius who created the Lus moniker across the hall, long after this site was started and OUR Lus was already banned forevermore? How conveniently they forget their own actions. If a cut and paste job from almost a year ago is what this gasbag chooses to worry about, well then, he either needs a life, or the missus needs to "wax the vette" for him a little more often.
Here's what the legal experts have to say about public figures:
Public Figures
Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth. For example, Ariel Sharon sued Time Magazine over allegations of his conduct relating to the massacres at the Sabra and Shatila refugee camps. Although the jury concluded that the Time story included false allegations, they found that Time had not acted with "actual malice" and did not award any damages.
The concept of the "public figure" is broader than celebrities and politicians. A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures.
A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. For example, a woman named Terry Rakolta was offended by the Fox Television show, Married With Children, and wrote letters to the show's advertisers to try to get them to stop their support for the show. As a result of her actions, Ms. Rakolta became the target of jokes in a wide variety of settings. As these jokes remained within the confines of her public conduct, typically making fun of her as being prudish or censorious, they were protected by Ms. Rakolta's status as a "limited public figure".
Some interesting points on defamation (committed daily at dd.com)
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.
Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
* Attacks on a person's professional character or standing; * Allegations that an unmarried person is unchaste; * Allegations that a person is infected with a sexually transmitted disease; * Allegations that the person has committed a crime of moral turpitude;
Is Lus liable?
One who "publishes" a defamatory statement may be liable. However, 47 U.S.C. sec. 230 says that online service providers are not publishers of content posted by their users. Section 230 gives most ISPs and message board hosts the discretion to keep postings or delete them, whichever they prefer, in response to claims by others that a posting is defamatory or libelous. Most ISPs and message board hosts also post terms of service that give them the right to delete or not delete messages as they see fit and such terms have generally been held to be enforceable under law.
Under 47 U.S.C. sec. 230(c)(1): "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This provision has been uniformly interpreted by the Courts to provide complete protection against defamation or libel claims made against an ISP, message board or chat room where the statements are made by third parties.