第一、需要萬維合作。 如果萬維只LOG網友的ACTIVITIES有限的期限，例如7天，那麼所有的IP記錄都消失。 這個情況下就是最高法院也無可奈何。 岳東曉他自己可以偷IP，但是那是非法得到的證據，不能被法院接受。 幾位網友的言論都是幾個月以前的，萬維不會LOG如此長時間的ACTIVITIES。 而且萬維也可以不合作。任何國家（中國除外）都沒有一條法律規定網站必須LOG用戶的ACTIVITIES，也沒有規定要LOG多少天。 如果萬維答應岳東曉的無理要求，那下一次另外一個網友一高興也會找萬維索取別的網友的IP，這麼一來萬維就要破產，不但名譽受損，也會為這一類的無理索求疲於奔命。 所以萬維寧願把LOGs做的很小，無法滿足這種無理訴訟的索求，而不願意滿足岳賊的要求。 從岳賊立案到法院發出文件至少要幾個月的時間。 很少有ISP會把LOGS保存這麼長的時間。

第二、即便找到了IP，也要ISP合作，把IP在那個特殊期間的使用者的真實身份提供出來。 這就遇到和上面一樣的難題： ISP會不會LOG這麼長時間的ACTIVITIES？ 即使他們這樣做，也面臨一個法律問題。 ISP一般不會為這麼小的事情交出IP的，怕用戶投訴或反訴，也怕失去客戶。 每一個被岳東曉起訴的網友的ISP不是一樣的，他要向數個ISP索取IP，難於上青天。

第三、如果網友是使用單位的網絡上網發帖的，單位可以不合作。 因為他們沒有必要提供這一類的信息。除非你是DHS。

第三、即使把網友找到了，法院要考慮究竟個別網友的語言造成了對岳的什麼具體損失。 如果沒有具體的損失，法院不會作為的。 就是法院有所作為，一般也就是勒令網民把原帖撤掉，並不會要誰賠償損失的。

以下是有關這個方面的法律知識：

http://webreputationmanagement.net/blog/professional/118/internet-slander-libel-slander-and-defamation-explained.html

Internet Slander – Libel, Slander, and Defamation Explained
Posted on March 8, 2010 by Admin
Internet slander is on the rise, and with it, a lot of questions about what slander really is, and isn’t. So today we’re going to go over it as much as possible.

Now first, let me say that I’m not an attorney, nor do I claim to be. These explanations are what I understand to be true, but if you are considering a defamation case in a court of law you are going to want to consult an attorney that specializes in this area. This blog is about reputation management and our goal is to help people dealing with online slander.
Now, that being said, let’s get started:

Defamation: Also called Defamation of Character.

Spoken or written words (commentary) on a living person that affects his or her reputation. It can be in regard to business or have personal connotations. If a blog, website, or forum writes something negative about you that lowers your reputation, defamation has occurred. Both libel and slander are forms of defamation of character.

Now, in many stats I believe that you have to actually have suffered a financial loss in order to have cause for action, but once again you are going to want to consult a lawyer in order to determine whether or not you have a case.

Slander:

Slander is when someone says something negative about you, with spoken words. Internet libel is often confused with internet slander, but slander primarily means the spoken word. If I say something negative about you to all of my friends that hurts your business and is totally not true, this is slander.

Libel

Libel is the written word, as well as the recorded word. Ordinarily this includes radio and television broadcasts. If a reporter says something about you that is false, it is classified as libel. This also ordinarily includes written reviews on blogs and forums, as well as review websites.

Can you Sue for Internet Slander / Libel?

Yup, that’s the money question, right? Someone has slammed you online and you want to know if you can make them pay. The answer is maybe. Many product review websites, like Ripoff Report, My3Cents, Yelp, Complaints Board, and the rest are all protected by a law called The Communications Decency Act ( or “CDA,” : 47 USC 230), which completely protects website owners from being held libel for content created by their website users.

Could you possible sue the actual person that generated the content? Maybe, if you knew who they were. But website owners don’t have to divulge this information to you, nor do they have any responsibility to log any user info at all. So finding who to sue can be an issue when it comes to most the review sites.

Most of what I have read comes down to the 3 top questions a lawyer asks –

Do we have someone to sue?

Do we have a case?

Does that person have the means (money) to pay if we win?

Ability to pay probably being the biggest deciding factor of the three.

In some states, you have to actually prove a loss, because the court wants to restore you, or put you back where you would have been if the defamation had not occurred. They want to “make you whole.” In order to right the wrong that has been inflicted upon you. You are not supposed to get a windfall here, only correct the wrong that has been done.

In other states, they can out and out make a person pay. But again, it comes down to actually being able to collect a judgment that matters. Having a piece of paper saying you won a million dollars in a libel or slander suit means nothing if you never see the payment.

Does a person have a right to speak their opinion?

Absolutely, it’s a protected right that we hold dear, and constitutional. However, an opinion must remain an opinion and be stated as such. It can never contain specific facts that can later be proven untrue.

For example, I can say, “In my opinion, Bob is a terrible person.” But I can’t say, “Bob is a thief, I know he is”, if it’s not true and can be proven that it’s not true. This would fall under slander if I speak the words, libel if I write them (internet libel if it’s written on a blog or website). If Bob can prove that I’ve cost him money by my statement I could be in big trouble in court.

Can a person defend defamation in court?

Yup, with the cold, hard truth. Let’s face it, the truth hurts. If you sue someone for defamation (libel or slander) and they prove in court that what they said or wrote is true, you’re going to lose your case. Just because something is embarrassing or hurtful isn’t enough. If it’s true, you shouldn’t sue. You’ll only lose time and money and then ultimately, your case.

Can I remove internet slander / libel from offending websites?

Probably not, unless you can prove that the site owner wrote it and that it was untrue. If it was user generated they do not have to remove the content, nor disclose to you who wrote that content. It’s all protected by the CDA (Communications Decency Act) we mentioned before. Ripoff report and it’s clones have almost all stated that they will NEVER remove user generated content.

Why should they remove it? They are 100% protected by the CDA and the user generated content is the basis for their ugly, little business. Completely responsible for ALL of their web traffic.

Nope, they are never going to remove those reviews. But we can help. If you or your company are suffering from internet slander or online libel, please give our office a call at 800-818-6286 and let us show you how we can remove negative information from the first page of the search results.

http://internet-defamation-attorney.com/sue-for-defamation-internet/2011/03/

Can I Sue For Defamation On the Internet?
March 21st, 2011
Our clients often ask “Should I Sue For Defamation of Character” when they discover a post, comment, blog or other publication on the Internet which falsely harms their reputation.  Defamation if character on the Internet can cause serious damage and emotions often run high when you are falsely accused or attacked.  But the question of “Should I Sue for Defamation” is one you need to consider carefully with your attorney.  A defamation lawsuit is expensive and there are sometimes strategies which can remove the defamatory statement posted o the Internet without resorting to a lawsuit. Contact one of our defamation law attorneys for more information about your options and how we can help.  The first step is to get educated about your legal rights and options. Then you can decide how to proceed.

http://www.associatedcontent.com/article/457648/can_you_sue_for_defamation_of_character.html

Defamation of character is a legal term that is slung about quite often, especially now that the Internet has become so broad. The reality, however, is that most defamation cases hold little merit, and many are dismissed before they ever see the inside of a courtroom. To determine if you can sue for defamation of character, you must have a viable claim of either libel (written defamation) or slander (verbal defamation).

Are you a public figure?

It is extremely difficult for a public figure (celebrity, politician, etc.) to win a law suit for defamation of character. If you intentionally place yourself in the public spotlight, you must be able to prove not only that the statements made by the accused are false, but also that they intended malice when the statements were uttered or published. Very few people who read this article will fall into this category, so I'll get it out of the way now.

Have you lost income as a result of the statement?

In most cases, you can sue for defamation of character if you can prove that you've lost income as a result. This isn't the only requirement for a case, and there have been successful cases where the plaintiff didn't lose any money, but it will help if you can prove that your job was compromised because of the statement. For example, if someone tells your customers that you pad your hourly invoices when you don't, you could easily have a strong case.

Has your reputation been tarnished because of the statement?

Can You Sue for Defamation of Character?
How to Determine If You Have a Case
 Steve Thompson, Yahoo! Contributor Network
Nov 28, 2007 "Contribute content like this. Start Here."
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Post a comment The hallmark of a lawsuit for defamation of character is the damage to the victim's reputation. This is the main thing you will have to prove in court, and can take some doing if you don't have solid physical evidence. This isn't a situation where you just have to prove that it could tarnish your rep; you have to prove that it did, which is another ballgame entirely. Affidavits from the aforementioned customers, for example, would constitute proof that you lost business and faithful clients because of the statement.

Are you acting in a timely fashion?

All criminal and civil cases (except for murder) have a statute of limitations, which varies depending on jurisdiction. In order to be successful when you sue for defamation of character, you must act within the time allowed by law. For example, if the statute of limitations runs out in six months, you couldn't win if you brought the suit after a year has passed.

Can you prove that the statement was false?

The final leg of your defamation lawsuit is the nature of the statement itself. If someone runs around telling people that you evaded taxes for the last fifteen years, and the court discovers that this is true, you don't have the right to sue. You must be able to prove beyond a reasonable doubt that the statement was false, and that it damaged your reputation. If it's true, then you don't have a case at all, and you're better off letting the matter drop.