Any suggestions on handling a cyber-stalker?

[lovemydog]

I have a friend who is a filmmaker.  She makes short films and
has a company web site.  Some nut job who has harassed her in
the past keeps getting her short films removed wherever they
are posted.   I guess one can do this by just making a claim
to youtube or a web site host.  She gets them put back up, but
at the cost of the short film and her web site being
inaccessible for a few days.  It's annoying her.  She doesn't
have money for a lawyer at this time. We've looked at some
anti-cyber bullying sites online but haven't got much clue on
how to proceed.  She just wants to be left alone.  Should she
try getting a civil restraining order against this guy?  Does
anyone have any suggestions for what she might do to have him
quit harassing her?.  He claims copyright infringement but
each time fails to demonstrate any proof (he doesn't have
any).  I'd like to help her so that she can continue putting
up her little short films on youtube and on her web site
without fear that this whacko will keep getting them taken
down.  I know this isn't legal advice, but any suggestions
might be helpful.  Thanks in advance.

[DCKit]

1. Sounds like a civil lawsuit for harassement and restraint of trade (loss of income)...

might be in order.

If she's got documentation linking this stalker to enough incidents, she should be able to find someone willing and able to submarine this MoFo at a profit.

[jancantor]

2. If he is contacting other websites ABOUT her

vs. directly 'harassing' her, I strongly doubt she will have cause to get a restraining (or other sort of protective order.

Most cyberstalking statutes (and I realize that many are unconstitutional, like my home state's but have yet to be challenged) would apply if this person was repeatedly harassing her. However, contacting other sites ABOUT her is generally 1st amendment protected.

For example. a domestic violence victim can get a protective order preventing an abuser from contacting her. No order prohibiting that person from talking about her to others or commenting about her would ever be constitutional. If she can show that he is slandering or libeling her, then of course she has a potential lawsuit. If she can show that his actions are demonstrably harming her business AND his speech is not first amendment protected, she could also have a suit. If the guy is merely expressing opinion, it is almost certainly not possible. But if he is expressing falsehoods about her business etc. that would be a different story.

If he is claiming copyright infringment, and those claims caused a financial or reputational harm AND his claim was in fact false, and he at least reasonably should have known it was false (not sure if she falls under the public figure standard, since I don't know enough about her) then she would have a civilly actionable claim. Remember again, though, that prior restraint is almost always a no-go. Iow, an order prohibiting somebody from contacting others about her is almost certainly a no go.

[OlympicBrian]

3. I had a kind of stalker on HuffPo

He would chase me around, making sure to respond to my every post, no matter what the subject. It was kind of creepy. Some of our discussion helped me learn, most of it was abusive. But I should have ignored him early on, because later he "expected" a one-to-one engagement, of sorts.

It's ended now. Kinda fizzled out.

[RainDog]

4. how is he able to get the films removed?

what reason does he give for having them removed?

surely youtube, etc. provides someone information in such a case.

couldn't she get all the different complaints and post them so that others can see how the guy has done this? If she left off his name, etc. I don't see why she couldn't post this - keep a running log of such complaints on a blog, even.

sunshine is the best disinfectant, maybe, still?

[lovemydog]

5. thanks to all of you

for the excellent replies. It's much appreciated.

[earth mom]

6. She should make a short film documenting his harassment and then post it on YouTube.

She could also change her You Tube user name.

[struggle4progress]

7. Lawyer is really the best way to go. She should document everything extensively as it occurs.

If she can figure out who the stalker is, lawyer might take on the case hoping to collect fees from the stalker -- so it might cost her little or nothing. She can probably get a first free consult, too

And if it's really a case of stalking, stalker might find contacts with the lawyer much less exciting than contact with her -- stalker might be enjoying her reactions

[bluetrain]

8. I have no suggestions, but that sucks and I hope the situation is resolved soon. Please, let us know

[jeff47]

9. Making a false copyright claim is illegal

So she might consider following that route.