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  Cert. of Conf.        Disciplinary Appeal        Hand Note        L1        L2        L3        L4        L5        Open Letter        Oral Hearing        State Bar        USPO              




Per your request, we have performed an intra-site search of the websites: and for the purpose of evaluating the content therein for statements that could potentially be construed as being defamatory against you. We found several references to your name throughout the website and they are set forth as excerpted, italicized and numbered 1- 5 below; and our comments related thereto are provided in red.


An analysis of these references to “Sam Texas” revealed that while some unflattering, opinionated commentary (made by Kuffner) about you remains on his site, on the whole, Kuffner himself, at least whenever clearly identified as the so-called speaker/poster, has complied with our firm’s prior demands to remove the information that you had previously construed to be defamatory (see 1-5 below).


In furtherance of seeking other potentially defamatory references to your name on the internet, we utilized the search engine and came upon two additional hits noteworthy of concern located in the “archives” of the website- they are set forth and identified as “A” and “B” below. Comment “A,” merely references the aforementioned article that has since been removed and thus poses little cause for concern with regard to defamation. By contrast, the assertions made in comment “B” are strongly suggestive of being defamatory on their face.


However, since comment “B” appears to have been posted by a mere user/visitor to and it is not attributed to Mr. Kuffner (the operator/administrator of the website), there is no legal basis for a take-down demand to be made of Mr. Kuffner, as the United States Digital Millennium Copyright Act provides a statutory “safe-harbor” for online service providers from liability for acts committed by third party users of the services. Therefore, we are of the opinion that no legal remedy is available to you against  Mr. Kuffner pursuant to the facts presented to us at this time.


Any cause of action for defamation could only be brought by you against the actual “speaker”/user of the website who posted the comment; this would be difficult to accomplish since the identity of the posting party is unclear. Still, online service providers (in this case Kuffner) remain under a legal obligation to reveal the identity of their users when required by force of law. Thus, hypothetically speaking, a cause of action could potentially have  been brought against “John Doe”/the unknown user and thereafter the court might have presented a subpoena to Kuffner  to reveal the user’s identity. Unfortunately, such a course of action would very likely be barred by the outstanding statute of limitations since the offending comment dates back to the year 2004.


Also, I asked Dan to mail to you a copy of any correspondence received back from Mr. Kuffner in response to our letter sent to him back in 2007 and if any such material exists in hard copy form he shall provide it to you ASAP.  


Finally, per your request, we have created a “google alert” for the key words “Sam Texas,” in order to keep you abreast of any new, potentially defamatory internet posts featuring your name; any such “alerts” which we receive shall be forwarded to you via email and/or a phone message.  


We will be contacting you soon to confirm your receipt of this email and to discuss any questions or concerns which you may have related thereto.




-Melody Kulesza