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Post by kk on Aug 13, 2013 4:46:58 GMT -5
After James put a link to my Flicker-stream, I went there, and also went on to look as to how much of it became Google data-base. As I went through Google hits, I got the shock of my life. My name was listed as a pedophile. Not once, but several times over. As I work as a teacher, and hence with young children and teenagers every day, a mere wisp of that (true or not) can ruin ones ability to work. As stupid writer wrote a fictional tale about Afghanistan and used my full name for one of his characters. How he got the name is beyond me, as there are less than 100 people in the world with my family name. Here is the review that is listed on Google, several times over: redroom.com/member/rajesh-talwar/reviews/a-whodunit-and-the-tale-of-contemporary-afghanistanThe problem now is simple. Like in many fields these days, people look to search-engines when it comes to background-checks. In Education, a mere mention of the word pedophile and you are out, not a second wasted. People will not take the time to read the report and find out that it is a fictional story. Even a wrongful accusation, with proof to the innocence of the supposed offender, can follow someone round the world; as I have experienced a few years back happening to someone I used to work with. Have written to the paper and internet site. Is there anything else I can do to get rid of this problem.
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Post by deb193redux on Aug 13, 2013 8:54:44 GMT -5
I do not fully understand. This is not a internet book. It is a traditionally published book. Only the review was online. Why are you writing to the "internet site". I think you have an unfortunate circumstance, but if there is anything to be done, you would have to write to the publisher, or the author. Only if the author knew you, and deliberately chose to use you name for malicious reasons, would you have any action - and then there would be very complicated jurisdictional issues. It is possible editors are supposed to search names of fictional characters to make sure situations like these do not arise, but it is unclear if they need to search outside the country of publication, and if there is a problem, the action is only a charge of negligence.
Maybe there is more to the situation that I am missing. Perhaps you could explain. What do you want from the "internet site"? What do you suspect might be illegial?
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Post by kk on Aug 13, 2013 9:59:46 GMT -5
I do not care about legal actions really (its easy to win and then getting bankrupt trying to collect ). What I would like to achieve is: I want them to remove any and all searchable content using my name in association with the word pedophile. Call me whatever; as long as its not of sexual nature. ;(
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Deleted
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Post by Deleted on Aug 13, 2013 11:02:11 GMT -5
Sadly, I don't think you have a case. An author has the right to write stories. His characters will have names. Sometimes those names will match real person's names. And even less often there will be bad guys that match real people's names.
As long as it is clearly fiction I am certain there is nothing you can do. While it is uncomfortable, it is not actually claiming you are a pedophile.
Kurt, let me frame this differently.
What if there were a real German (American or Peruvian) named [your name here] that really is/was a pedophile? If memory serves me right, you are NOT German and most certainly that is NOT you. Either way fiction or not, you are not that bad guy. As Daniel says. The situation is unfortunate, but not illegal.
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Post by rockjunquie on Aug 13, 2013 11:02:31 GMT -5
I totally understand your angst. I can't offer any help, but I do see where this could be a big problem. Maybe you can suggest to the website that a clear disclaimer about the use of fictional names? This is a terrible thing to happen.
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Post by deb193redux on Aug 13, 2013 13:56:12 GMT -5
I still do not understand why things are directed at the "website". Was there another website for the book itself? The link I followed was not from the publisher or author. I see a book review by Srirekha Chakravarthy. It seems like it was originally put in the Indiania Post newspaper or literary supplement, but has since been re-posted on a number of other websites. I am confused by the references to "the website". I see a review that appears on redroom, amazon, and several other independent websites. Do you want the book reviewer to not use names? Do you want the author of the review to 1) add a disclaimer that names are fictional characters and 2) to contact every site hosting the review?
I understand your consternation, but the very question "Is this legal" begs the question what do you mean by "this", and the reference to "website" begs the question which website.
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Steve
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Post by Steve on Aug 13, 2013 14:29:52 GMT -5
Good luck in your attempt. You could send an inquiry to the author of the book. But as you know once it's on the internet it's there forever. If you do a Google search on the author's name the top hits identify this person as a murder suspect. I doubt if it's the same person.
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Post by kk on Aug 13, 2013 17:37:00 GMT -5
Let me repeat once again:
I have no intention to send some ambulance-chaser after anyone. All I want them to do, is to arrange it, so my name does not show up all over the internet in connection with this word. The title "is that legal" is simply, because I want to know if I can put more weight on it to have a quicker resolution.
This word is a really big NO NO, in the world of education. Until I experienced the repercussions my colleague went through 5 years ago, I would have seen that word and moved on without a second thought. Have to assume that others do that too. So, if I can't affect any change from those guys, I will have to put a disclaimer into my CV.
I saw what can happen to one of my colleagues (who is un-employable back home in the US), and was stalked by the press and driven out of the system over here, just because he was wrongfully accused (I saw his case-files and he could prove that he did nothing wrong). I understand today the severity of something like that. All it took, was one parent finding the case online. They completely ignored the facts and went on a witch-hunt. I have no worries defending my case once things come out, the problem lies in the quiet cases/rejections, that never come to light.
So, in accord with that, will write to publisher, agent and author today as neither the newspaper nor Redroom has replied thus far. If nothing else, I will write to Google and plead my case. I know, they have the ability to block key word-combinations. Have requested them to do this before and they where very helpful to get rid of a Russian site who somehow got hold of private data from an unsecured computer (all the data was related to job application). They got back in the system later, so I had new identification numbers assigned by our government here.
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Post by deb193redux on Aug 13, 2013 18:25:06 GMT -5
Kurt, the idea to contact google might have the most traction. A key-word combination block makes a lot of sense. It would keep the review from coming up if you name was searched, but it unfortunately would not keep anyone reading the review form seeing your name.
I did not think you wanted to sic a lawyer on them, but only was puzzled how you could think anyone mentioning a character in a book review could in any way be illegal.
If some fool judges you because of this, that would truly suck. I have seen hysteria over unproven or disproved allegations. I see your concern.
The publisher may have a note inside the cover that says the work is fictional and the usual disclaimer. If they do, I suspect they would not even bother to change the name if the book was reprinted. It is very hard to find names for unpleasant fictional characters that are not the real name of somebody somewhere. They probably check Who's Who to make sure they are not using any famous name, but not much more.
You might yet hear from those websites or the paper because responses can take days (or longer). I just doubt they would do anything. It is unfortunate.
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Post by kk on Aug 13, 2013 22:37:09 GMT -5
Thats exactly it. If someone actually bothers to read the review, they would know that it is fictional. The worries are about people who see it listed on their search and never bother to actually open that thing to read.
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jamesp
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Post by jamesp on Aug 13, 2013 23:15:42 GMT -5
I feel terrible. A flicker link did this? I know that Etsy and flicker pics are available on google images, heavily.
If someone wants to create this situation they could open an account in either and post unscrupulous pics.
What can I do?
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Post by kk on Aug 13, 2013 23:45:35 GMT -5
NO no, James,
Nothing to do with you posting the link at all.
I followed you link and the wondered how much of the carvings had made it to Google. Doing so, I entered my name on Google, and found this!
It has nothing to do with Flicker at all. And certainly not with you being so kind to give me a boost for views on Flicker by providing a link.
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jamesp
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Post by jamesp on Aug 14, 2013 19:33:40 GMT -5
My name is common. Yours is very unusual. I believe that people with names like yours are very vulnerable. Google John Smith-he is safe. Dean Papageorgiou is a different story(if he existed). I would think it could be a benefit too. To google your name and own all the google listings to yourself...
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