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    Mickelson sues to find source of 'defamation'

    By DOUG FERGUSON | Associated Press – Fri, Feb 3, 2012

    JACKSONVILLE, Fla. (AP) — Phil Mickelson filed a lawsuit against an Internet service provider in Canada to learn the identity of a person who has been posting "vexatious statements" that the four-time major champion says is a deliberate attack on his reputation.

    "I'm all for freedom of speech, but I won't tolerate defamation," Mickelson said Thursday after his opening round in the Phoenix Open.

    In his lawsuit against Videotron S.E.N.C in Quebec Superior Court, Mickelson cited comments posted on Yahoo! Sports from Nov. 11 to Nov. 12, in which one or more persons under the pseudonyms "Fogroller" and "Longtitude" make statements that allege, among other things, that Mickelson's wife had an affair and that he fathered an illegitimate child.

    Mickelson says he is a victim of defamation. He is asking the court to force Videotron to identify the person so Mickelson can "stop the dissemination of false and wrongful statements ... and obtain reparation for the prejudice already suffered."

    The motion was filed in Montreal on Jan. 25.

    Mickelson attorney Glenn Cohen said Videotron did not oppose the request for subpoena, and he expects the information shortly.

    Whether the case has wider implications for anonymous postings on the Internet is not Mickelson's concern.

    "If we can stop one person, then it's one less person who can get away with this," Cohen said. "Maybe it will have a chilling effect. I don't know. If other people are victims of this and want to take up the mantra, that's fine. It was a very narrow decision Phil and I made to discover this person's identity and stop it."

    Mickelson first filed a complaint Nov. 21 in San Diego County superior court, which authorized him to subpoena information from Yahoo! Inc. That led to identifying "Fogroller" as a Montreal resident, with Videotron as the Internet provider.

    Mickelson wants the Quebec court to demand that Videotron supply him with all information of the person using the Internet protocol address who first registered under the "Fogroller" pseudonym on Dec. 16, 2008, and of the person using the IP address that posted the statements about him.

    The person was using an email address of fogroller(at)yahoo.com at the time of registration. An email sent to this address by The Associated Press was returned as undeliverable.

    ___

    AP Sports Writer John Nicholson in Scottsdale, Ariz., contributed to this report.

     

    17 comments

    • kevin w
      kevin w  •  3 mths ago
      can i still say that Tiger is the greatest golfer of all time? or will phil sue me.
    • Chrissie
      Chrissie  •  3 mths ago
      I guess we better start censoring our comments unless we want some famous person hunting us down and suing us!
    • tim
      tim  •  3 mths ago
      See? I told all you people not to say things on a message board that you wouldn't say in a crowded room!
    • MrBurnsPrankMonkey
      MrBurnsPrankMonkey  •  Dallas, Texas  •  3 mths ago
      I hope that he finds the little dw##b who posted those messages. Too many people seem to think that they can say whatever they want -- true or not -- on the Internet without any regard for truth, accuracy or repercussions. The same rules about libel and slander still apply even though you're posting under an assumed name.
      • old_flatbush
        old_flatbush 3 mths ago
        True. However like SOPA & PIPA getting the ISP's to snitch on their customers for anything less then a Crime is a very bad precedent. One has to have a pretty low IQ not to understand that and it's long term implications.
    • Sneaky
      Sneaky  •  3 mths ago
      Haha I think that's great! All you trolls out there that think you can just slam and spew #$%$ all over the place, better watch out....your butts are next.
      • old_flatbush
        old_flatbush 3 mths ago
        No no they are not. But good big brother worshipers like yourself would like it to be. It sets a really bad precedent. Yahoo never did have any balls but we can hope the Canadian folks will reject it. The Government and its agencies already know who everybody really is, including me, Old_Flatbush. Threaten the Pres or to blow something up, etc., and see how fast they knock on your door-- or knock it down. If he thinks he has been defamed or slandered that is his problem and up to him to deal with it just like anyone else. None of the Governments business and ISP's should stay out of it. Once the door is open it is almost impossible to close it again.
    • mike
      mike  •  Los Angeles, California  •  3 mths ago
      I really wish people would leave " Lefty" alone- he's a great golfer and an even better person!!! All you haters need to back off...
    • A. R.
      A. R.  •  3 mths ago
      The guy is going after individuals who write in the 'comment' sections of articles!!!! What a douche bag! No one cares what the hell you do Mickelson!
      • Jerry
        Jerry 3 mths ago
        You sound like a very angry person. Freedom of speech comes with honor.
      • A. R.
        A. R. 3 mths ago
        you sound old and crusty with no idea what freedom of speech entails. I've been to Iraq so maybe i should be angry at azwipes like you who don't know that freedom of speech is fought for by us not couch potatoes with no clue like you...
      • David
        David 3 mths ago
        freedom of speech is that....do not assume it entitles an individual to say whatever they want...................people in this country in general are so #$%$ opinionated it makes me sick to my stomach, TIME TO WEED OUT THE TROLLS THAT HAVE NO BEARING ON OUR SPECIES'S WELL BEING.....................if you are not living life for the better good of mankind well then F U Ckk O FF!!!!!
    • Slap Chop
      Slap Chop  •  Fort Worth, Texas  •  3 mths ago
      Golf isn't going well lately? Lets get more lawyers involved. We need money.
    • Brett F
      Brett F  •  3 mths ago
      i heard phil is a total coksucker. please don't sue me.
    • Jerry
      Jerry  •  Grand Rapids, Michigan  •  3 mths ago
      Phil is a true champ, not an ego maniac like Tiger. He gets my respect, and hopefully they can stop this smear writer.
    • old_flatbush
      old_flatbush  •  3 mths ago
      I hope the court in Canada turns him down. It is a bad precedent. He may have a legitimate beef with whomever it is but getting the ISP's to give up their customers is as bad a deal here as it is in Iran or China or Russia or anywhere else. Yahoo has no balls anyway and sooner or later is going under or at the least will be sold. Sold and dumped.
      • MY MONEY'S ON OBAMA
        MY MONEY'S ON OBAMA 3 mths ago
        say what you mean,,,and mean what you say,,,,they crossed the line and should be punished
      • sean
        sean 3 mths ago
        What if it's true? What if he is trying to silence the truth? Well DNA always can fix that. Be sure to get it from something he ate from.
    • FemaleFootball
      FemaleFootball  •  3 mths ago
      If the stories are untrue, why sweat it? This is going to make him look somewhat ackward to the general public. This matter is a matter of his attorney acquiring a little publicity at this professional athlete's expense. I can't believe the attorney would give his client this ill advice. Hate to see Phil and his family acquire unnecessary exposure in this regard.
    • Tony
      Tony  •  Tucson, Arizona  •  3 mths ago
      If he's gonna be a celebrity golfer, he needs to grow a thicker skin and chill out.
    • Tony
      Tony  •  Tucson, Arizona  •  3 mths ago
      If he's gonna be in the public eye, he needs to get a thicker skin and chill out.
    • Dorado
      Dorado  •  3 mths ago
      I don't know what to say. Please don't take that the wrong way.
    • Doug
      Doug  •  Kansas City, Missouri  •  3 mths ago
      I have long felt that the blogs, news story comments and the like should only be allowed if the poster is identified. Blind sneaky, malicious, evil minded attacks made without standing up and saying who you really are is the method of cowards.

      Lefty, Tiger, Obama, Gingrich ect. may be public figures but they also have the right to have those commenting on them to be held accountable for the statements made.

      Those commenting without being held accountable are cowards!
    • Joe
      Joe  •  Orlando, Florida  •  3 mths ago
      Interesting,.....the weird thing is I hadn't heard of this until I read this story. So if this was all over the internet why hadn't I read it? I guess by suing whomever Phil now makes it very well known. Quite frankly though he's wasting his money because I don't think most people would have believed it even if they saw it. Now, if it were Tiger Woods,......
     Post a comment
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