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`JOHN DOE'S' MASK THINS; JUDGE OPENS DOOR FOR XIRCOM TO DISCOVER CRITIC'S IDENTITY.


Byline: Don Holland Staff Writer

The identity of a World Wide Web user who is being sued as ``John Doe'' may soon be revealed under a court ruling Monday in a case over derogatory remarks about Thousand Oaks Thousand Oaks, residential city (1990 pop. 104,352), Ventura co., S Calif., in a farm area; inc. 1964. Avocados, citrus, vegetables, strawberries, and nursery products are grown.  technology giant Xircom Inc.

Xircom filed a defamation suit last month against the anonymous detractor who posted comments on a Yahoo! message board claiming to be a Xircom engineer, criticizing the quality of a key product, poking fun at executives and claiming the work environment is bad at Xircom.

Xircom, a manufacturer of mobile computers, subpoenaed Yahoo! and demanded Doe's true name. Ventura County Superior Court Judge John Hunter John Hunter may refer to:
  • John Hunter (architect) (1932-2005), British architect and conservationist
  • John Hunter (Canadian politician), Canadian politician
  • John Hunter (New South Wales) (1737-1821), Governor of New South Wales
 threw out that subpoena subpoena (səpē`nə) [Lat.,=under penalty], in law, an order to a witness to appear before a court. A subpoena ad testificandum [Lat.  Monday on procedural grounds, but left the door open for the company to subpoena Yahoo! again.

Hunter rejected a claim by Doe's attorney that his rights to free speech and privacy would be violated by the release of his name.

Xircom attorney David Jacobs said the company would issue a new subpoena immediately.

``It's either somebody within the company or somebody who recently departed the company,'' Jacobs surmised outside court. ``But since they are anonymous and have chosen to remain anonymous, we don't know Don't know (DK, DKed)

"Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party.
 who they are. We're trying to find out.''

Yahoo! is expected to turn over the critic's identity within 20 days so the case can move forward.

But Doe's attorney, Megan Gray, said she will appeal the ruling. She claimed Xircom's defamation lawsuit lacks merit, but said the company could retaliate against her client if Doe's real name is disclosed.

``It's only been filed to harass John Doe John Doe

formerly, any plaintiff; now just anybody. [Am. Pop. Usage: Brewer Dictionary, 329]

See : Everyman
 and to chill the speech of other individuals, in our theory of the case,'' Gray said about the lawsuit. ``So we want an opportunity to come back into court and show that this case does not have a likelihood of success on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers .''
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Jun 15, 1999
Words:306
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