Courtney Loves gets sued for online Terms of Service violation

by admin on April 1, 2009

Courtney Love has been sued by Austin based fashion designer Dawn Simorangkir for libel, invasion of privacy, intentional interference with a prospective economic advantage, intentional infliction of emotional distress, and breach of contract.

Love has bashed the designer on her MySpace and twitter page, as well as on the feedback page of Etsy.com, a marketplace for fashion designers where Simorangkir sells her clothing line, Boudoir Queen. The singer called Simorangkir a “nasty lying hosebag thief” and accused the designer of grand theft, alcoholism, drug addiction, and of losing custody for her children.

Interestingly, the suit claims breach of contract because Love violated the terms of service of Etsy.com, of which the designer claims to be the intended third-party beneficiary. That makes the case similar to the MySpace/Megan Meier case where a woman got sued for breach of the MySpace Terms of Service for creating a hoax and harassing 13- year- old Megan Meier into suicide.

The Etsy.com terms prohibit content that is “false, inaccurate or misleading” or “defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person” (Etsy Terms of Use, ยง5(1)(6)).

The claim states that Love breached these terms by publishing “false, misleading, defamatory statements, designed to harass, threaten, and intimidate Simorangkir”.

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