Saturday, November 29, 2008

Novel and Stories Describe the Aftermath of a Father's Suicide

Scapegoating Mother of Suicider and Overreaching Prosecutor Threaten All Internet Users

This mother wants jail time for Lori Drew. She cannot accept the fact that her daughter's suicide is most likely due to genetic predisposition, and possibly due to parental behavior. The latter includes failure to monitor and restrict the computer activity of a daughter with psychopathology. The idea that a fictional character can induce a suicide is such a radical one, it requires a very high level of empirical data. The idea that a fictional character could intentionally inflict emotional distress violates the Free Speech Clause. I write a book. A reader, one of a million, acts upon its content after being totally offended. The book is immunized by the First Amendment.

The verdict did not involve the suicide. Instead, it involved a lawyer gotcha. The Terms of Service (TOS) of MySpace were violated by Lori Drew's registering a fictional character. By violating the TOS, Lori Drew committed unauthorized access to MySpace, a violation of a federal law forbidding hacking. Hacking involves figuring out passwords, and clear unauthorized invasion of a computer. It does not involve violation of a private contract, until this case.

The case is pretextual (a false use of the law), both legally and is anti-scientific. As a result, it criminalizes the breach of any TOS, which is the breach of a private contract. This violates the law of contract, as it was for the past 1000 years. The district attorney in Missouri found the act of Lori Drew reprehensible, but not illegal. Thomas O'Brien, the Department of Justice overreaching prosecutor, should be fired. He is wasting massive amounts of tax payer funds to aggrandize himself and to get in the paper, by an unlawful prosecution.

Orin Kerr intends to participate in an appeal of the verdict to the Ninth Circuit Court of Appeals. By that courageous pro bono offer, he is defending all internet users. To use the internet, they are forced to agree to contracts of adhesion. They cannot function without the Internet, but are signing bogus, one sided contracts.

If a torts claim gets filed, I would be interested in the conduct of the family. It is far more likely to have induced the suicide, than the rantings of a fictional character. The sentence, "The world would be better off without you," is not an established cause of suicide. I would also demand a forensic evaluation of the private computers of Thomas O'Brien, the over reaching prosecutor, to see what TOS he violated.

Monday, November 17, 2008

Paxil Failure to Warn of Suicidality Case Dismissed on Statute of Limitations Grounds

Naturally, if one feels worse on a drug, especially for a while, one stops it, and consults one's doctor.

Naturally, depressed people take anti-depressants. They commit suicide. It means depression causes suicide, not anti-depressants cause suicide. The data show not taking anti-depressants causes suicide, mostly because untreated depression causes suicide. I am interested in the name of the expert who signed the secret certificate of merit if any was required.

Sunday, November 2, 2008

The Best Article on Deposition Preparation Ever Written

Here is another article, more specific to the doctor.

Article on videotaped deposition.

Rummage in this great web site for more deposition articles.