2 ms·
If the OP's planted information identified the wrong guy, then that guy, who was wrongly accused of being a willful copyright infringer, might be able to sue su
by dctoedt 16y ago
If the OP's planted information identified the wrong guy, then that guy, who was wrongly accused of being a willful copyright infringer, might be able to sue successfully for libel.
Otherwise, though, one legal irony about this posting sort of tickles me:
* Suppose that the (human) scraper were to sue the OP for libel. And leave aside for now the fact that (at least in the U.S.) truth is usually an absolute defense to a defamation action (although that's not the case in false-light or invasion-of-privacy cases).
* The OP should win, it seems to me, if for no other reason than that it was the scraper, not the OP, who published the putatively-libelous information about himself. Presumably, if the scraper himself had not copied and published (what he thought was) the OP's site, then the supposedly-libelous information would have stayed hidden in the OP's server, never seeing the light of day.
Of course, I could imagine some judges thinking that the case was like the spring-gun cases you read about in first-year torts class: If you booby-trap your vacant house with a shotgun to protect against burglars, you can be liable to a burglar who gets shot, even though he's breaking the law by breaking in.