I wouldn't be so sure. Both may be subject to tort liability if Dorian Nakamoto != Satoshi Nakamoto. See my tweet: https://twitter.com/declanm/status/441711365888040960
And a response by an attorney who works on Internet issues: https://twitter.com/SeanFlaim/status/441727448539873281
This principle has been established many times by people who were mistaken for criminal defendants (not always defendants with the same name), including the Boston U student who killed himself shortly before the Boston Marathon bombing.
i'd love to see the email to the merchant, bet she didn't identify as a journalist.
That's it, it's a slam dunk case Newsweek is liable for bajillions of dollars. He sure didn't act like a secretively paranoid inventor of bitcoin.
I bet newsweek would love to see his entire email history. He should probably sue them so he can see that email to the merchant and newsweek can read his entire email history, as well as subpoena various other people for their private emails with satoshi. This will be a winning legal strategy to protect his privacy.