01 October 2009
My first thought, apart from that 140 characters makes for a short injunction (a link is being tweeted), was that it doesn't much help if the offender tweeter fails to comply with the injunction - enforcement is still a bit of an issue, to say the least. Short of a disclosure order against Twitter, such legal action appears to be a little fruitless - although failure to comply would constitute contempt of court, which carries sanctions far greater than any damages likely to be awarded to Donal - if the perpetrator is ever uncovered.
I made a short comment to this effect on Guido's blog (number 6) and sent a short tweet from Bootlaw and thought nothing more of it.
Then, a few minutes later I saw a tweet from BBC tech correspondent, Rory Cellan-Jones, asking Donal to send him the injunction tweet.
So, I sent Rory a direct message offering commentary on the matter, and quickly checked the Civil Procedure Rules on service of documents. Moments later I had a response from Rory, asking me to call him on his mobile. We spoke twice (he called back to confirm the details) and he asked if I was aware of any other strange examples of service of legal documents - I said I thought there was a case involving Facebook.
Literally, half an hour later, this appeared on BBC news: http://news.bbc.co.uk/1/hi/technology/8285954.stm - currently the 4th most popular story on the site!
Amazing how you can get free publicity, just using Twitter, eh Donal?