Robert Novak’s allegations go further than typical cases of
internet defamation: conspiracy, hacking and death threats are
charges that have been levelled against numerous members of the
Aquatic Plant Digest (APD), a forum more used to discussing how to
minimise algae growth or finding the optimum wattage per gallon for
aquarium lighting.
According to Long Island Business News, Dan Resler, a
mathematics professor by day, fish fancier by night, posted a
notice on the APD message board having been, in his opinion,
overcharged for the shipping of plants ordered from
PetsWarehouse.com. Resler wrote:
“Thinking of buying plants from Pet
Warehouse [sic]? Don't. Actually the plants I received were average
to maybe a bit below average, but they'll pull through in my tank.
What is crappy is their service! And they're maybe even a bit
dishonest.”
This prompted another APD user, Chris Newell, to publicly agree.
He posted this message:
“You said it. The customer service is
terrible. I have had the same experiences with delays and a who
cares attitude.”
Encouraged by this, Sean Carney joined the attack:
“the dinky portions of marsilea and dwarf
sag I got aren't anywhere near what I thought I'd get. Not only
that, but I coulda gotten MORE plants for the money at PETSMART!
What they call a 12 lot is actually more like 1 lot. No deal here
except a bad one! I think the reason I didn't get my crypts and
Windelovs was because the bull biscuits about ‘12 lot price’ would
have been laid bare. I believe they call that deceptive
advertising. Or bait-and-switch. Take your pick. […] Stay away from
them!“
Other aggrieved customers joined in – and then Robert Novak of
Pets Warehouse decided to sue. His lawsuit, filed on 30th May in a
New York district court, named Resler, his fellow bulletin board
posters and Active Window Publications, the host of APD.
Novak is representing himself – he describes law as his hobby.
Lawyers who keep fish as a hobby are assisting some of his
opponents and waiving their fees.
Novak charged the fish keepers with defamation. According to
Long Island Business News, he demanded $10 million in compensatory
damages and $5 million in punitive damages. Then he alleged that
Resler and others had hacked the computers of PetsWarehouse.com. He
amended his lawsuit to add these charges, together with allegations
of death threats against him and his staff and to claim further
damages for emotional distress. He also alleges trade mark
infringement because the words “Pets Warehouse” were included in
the meta tags of sites that linked to a defence fund for the
hobbyists.
Some of those named in the lawsuit have settled with Novak
because they could not afford to risk the possible expenses of
fighting the case. Among the settlement deals, according to
Salon.com, some paid damages to Novak and some had to run banner
ads on their own web sites to promote PetsWarehouse.com.
