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  1. #1
    MasterMike HardwareGeek's Avatar
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    Ok a few weeks ago someone posted some pictures of denise richards on my forum. My forum generates 50 to 60k uniques a day. The guy that posted the pictures website imediatly went over his bandwidth each image was 4MB and there were 16 of them.

    Today I get process server waiting for me at my PO Box and serves me. The guy is sueing me because the pictures no longer existed and he was sent to a 404 page on a site i do not control and the 404 page offended him because it said he screwed a pooch.

  2. #2
    Resident Genius and Staunch Capitalist Leader's Avatar
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    OMG...

    I'm sure you'll be able to get that thrown out!
    There is no knowledge that is not power. ~Hemingway

  3. #3
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    ~aghast~

    Sue the bugger right back for emotional distress from being acosted by the process server!

  4. #4
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    I sure hope that would get tossed out, shouldn't even make it into court. I'd also try a counter claim for malicious intent (I think that is the term). Sounds like he is intentionally trying to sue when when he knows he doesn't stand a chance to win. Maybe trying to scare you into calling him to settle just to get some cash. Sounds like he wants you to pay for his Christmas shopping.

  5. #5
    MasterMike HardwareGeek's Avatar
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    btw for those of you interested in reading the 404 page. Here is the URL
    http://www.hellacio.us/404.html

  6. #6
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    Is this the thread about it?

    http://www.hardwaregeeks.com/board/s...1&page=1&pp=10

    I wouldn't worry about it, he posted the link. Seems that part of the forum attracts the idiots.

  7. #7
    MasterMike HardwareGeek's Avatar
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    Yeah thats it the guy that posted the pictures removed the link after I told him about it. I know the guy has no case just pisses me off. I get C&D orders all the time form Apple, Microsoft and others but none of them actually sued me But an Idiot who has nothing better to do and is searching for sexy pics of some model gets offended by being told to screw a poohc.

  8. #8
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    Was an actual lawyer behind this or was it a DIY job?

    I can picture a judge telling him "get the hell out of my court and don't come back, your plaid suit is giving me a seizure."

    I'd certainly complain to the bar association in his state.

  9. #9
    Kung Fu Master Eathan's Avatar
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    Having just filed my first small claims case, it seems the defendant has 14 days to reply to the court after being served or the clerk can rule in favor of the plaintiff. Maybe that's his angle, assuming you'll laugh yourself silly and never reply.

    In any case, you should at least pursue compensation for any postage, fees, headache, travel, etc it requires to fight the thing. Might take the margin off the last idiotic case he filed and make him reconsider how he makes a living...
    Eathan Mertz

    Black Cat Mining - Gold Prospecting & Rockhounding Equipment

  10. #10
    MasterMike HardwareGeek's Avatar
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    I sent it over to my lawyer he said its a civil lawsuit the guy wants 1500 USD. The suit is upstate NY my lawyer said he is going to contact the court upstate in Albany to have it moved down to NYC thats where my business is registered.

    He already told me not to worry about it and is going to see if he can get it onto the peoples court he said free publicity and that the peoples court pays for me if I loose which isn't likely.

    I just honestly want it over with It doesn't feel nice to be sued.

    I'm just happy I married into a family of lawyers. Free legal.

  11. #11
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    A process server waited for you at your po box? They would be waiting a month for me...

  12. #12
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    $1500 sounds about right - nice wage for a week, and little enough that you would hopefully pay it out without a fuss, thinking a lawyer would cost you at least that much to start to defend.

  13. #13
    MasterMike HardwareGeek's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Ulterior Motif:
    $1500 sounds about right - nice wage for a week, and little enough that you would hopefully pay it out without a fuss, thinking a lawyer would cost you at least that much to start to defend. <HR></BLOCKQUOTE>

    I think even if the lawyer was charging me I would go after his butt on principal alone.

  14. #14
    ABW Adviser Panel Dynamoo's Avatar
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    Sounds like a good /. story!
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  15. #15
    The affiliate formerly known as ojmoo
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    See if you can have it transferred to Judge Judy instead. She won't understand this computer stuff but she'll yell at him just for wasting the court time. Besides the people's court and judge judy r on at the same time and I only watch Judge Judy.

    Mike

  16. #16
    Affiliate Miester my2cents's Avatar
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    SUE! SUE! SUE!

    I agree with Chet... counter sue... sue for distress... and stupidity.. the very fact the yahoooo was waiting at the Post Office should be a good indication of the kind of nut you're dealing with...

    I once have a nut... wait in front of my "office" for a week so he could serve me over some silly thing... that had the plaintive called me we could have resolved over the phone.. in about 1 minute...

    I countered sued which is always my knee jerk reaction... and I got a phone call sayingthe case would be dropped if i would drop my case...


    Your case is why I believe a bond of no less then $10,000 should be required before a civil sue can be filed... this would slow down if not stop these kinds of cases...

    the strategy in your case is to get you to settle... for $500 to make the case go away...
    this gy most likely has hundreds of these kinds of cases pending...

    So, if you counter sue and make him spend his money.. it messes up his plan... to abuse the court system...

    these kind of guys are the worse kind of ers

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    that's my2cents, 'cuz I'm a legend in my own mind....

  17. #17
    Defender of Truth, Justice and the Affiliate Way
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    There are some pretty good penalties available to the courts in my state now for the filing of frivilous suits.

  18. #18
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Your case is why I believe a bond of no less then $10,000 should be required before a civil sue can be filed... this would slow down if not stop these kinds of cases... <HR></BLOCKQUOTE>

    That would be against the Constitution, so it's not going to happen. It would be nice for those of us that are more likely to be sued, but it's not going to happen.

  19. #19
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    If he posted the link, sue him and make a case that he was trying to set you up.

  20. #20
    CPA Network Rep JP Sauve's Avatar
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    I'd take this very seriously. Sometimes whether you're right or wrong makes no difference. You get a judge who just happens to be pissed off on your day in court and who knows what he'll do...

    I'd first try to resolve whatever this dispute is in an amicable fashion out of court. Even if you have to pony up a little money or traffic, it might be worth your while NOT to go to court. Even though you're in the right, eating a little crow might appease this guy.

    If that doesn't work, I'd hire a lawyer who'll work on a per-job basis, and send this fellow a nasty letter regarding whatever legal recourse you have. Not sure what's in the terms of your site, but those pictures most likely are copyrighted by someone other than your plaintiff. If posting such a thing is against your terms, that might be a weapon in your arsenal.

    (And if you haven't done so, you might want to add in your terms that by participating in your board, all members give up any right to sue to you.)

    For sure, if the guy doesn't back off by being friendly, get the advice of a lawyer.
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  21. #21
    Full Member ahmar's Avatar
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    Mikey,

    I agree with JP, dont take it easy. Its also a good time to have another look at your T&Cs, if something is missing better to update it.
    <DT>[size=1][color=navy]"The best measure of a man's honesty isn't his income tax return.[/color][/size]<DT>[size=1][color=navy]It's the zero adjust on his bathroom scale." Arthur C. Clark[/color][/size]</DT>

  22. #22
    MasterMike HardwareGeek's Avatar
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    Not sure what my lawyer did but he said I do not hvae to worry about it that the suits been dropped. He said he will give me details tomorrow on turkey day

  23. #23
    Internet Cowboy
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    Mikey,
    There are statures in place to punish such people for filing frivilous suits. In Florida it is statute 57.105 and if you invoke this and are granted it, their attorney has to pay half of your legal fees and the plaintiff pays the other half, so both are taught a lesson.
    Send him a letter demanding he drop the suit and pay you $1000 in legal fees. This will show the court that you tried to settle this without it clogging up the judicial system.
    ScoHaz


  24. #24
    Resident Genius and Staunch Capitalist Leader's Avatar
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    Do keep us posted on how your lawyer got the idiot to go away! I'm curious as heck!
    There is no knowledge that is not power. ~Hemingway

  25. #25
    Member gotapex's Avatar
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    Your lawyer probably asked him if he sues the phone company every time he gets a crank call.

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