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Fuzzy285
join:2012-12-12

Fuzzy285 to Ree

Member

to Ree

Re: Discussion about log retention

said by Ree:



As others have said it's quite likely that ignoring their extortion attempt will be the end of it. In the off-chance that it goes to court, it's also quite likely that people will find themselves paying something close to the minimum of $100 instead of the maximum of $5k (or the $20k they're quoting).

No and no. If they sue you, one of these scenarios will likely play out:

a) you don't file a defense, they get default judgment for the $20K. A writ of execution can then be issued directing the Sheriff at the county where you live to seize and sell your property to enforce the judgment. They might also attempt to garnish your wages.

b) you grab the first lawyer you can get and file a defense. Unfortunately you only manage to refute the commercial infringement part of Voltage's claims. The judge finds against you in the amount of $500 for non-commercial infringement. You still have to pay your lawyer about $3,500 so you are on the hook for $4,000.

c) you get an experienced IP lawyer and mount a simple but effective defense. After a couple of court appearances the judge dismisses Voltage's claim against you. Your legal bills: $7,000.

d) you mount a very effective defense but are countered by Voltage's lawyers. A good deal of expert testimony is demanded. The case drags through the courts for months. Regardless of who prevails, your legal bills are now in the tens of thousands.

In none of these scenarios do you walk away paying $100. It's just not going to happen, because showing up to court will immediately put you in the hole $3,000, and it would be very, very unlikely for the judge to award you costs, unless Voltage's lawyers are complete idiots and bungle this horribly.
funny0
join:2010-12-22

funny0

Member

said by Fuzzy285:

said by Ree:



As others have said it's quite likely that ignoring their extortion attempt will be the end of it. In the off-chance that it goes to court, it's also quite likely that people will find themselves paying something close to the minimum of $100 instead of the maximum of $5k (or the $20k they're quoting).

No and no. If they sue you, one of these scenarios will likely play out:

a) you don't file a defense, they get default judgment for the $20K. A writ of execution can then be issued directing the Sheriff at the county where you live to seize and sell your property to enforce the judgment. They might also attempt to garnish your wages.

b) you grab the first lawyer you can get and file a defense. Unfortunately you only manage to refute the commercial infringement part of Voltage's claims. The judge finds against you in the amount of $500 for non-commercial infringement. You still have to pay your lawyer about $3,500 so you are on the hook for $4,000.

c) you get an experienced IP lawyer and mount a simple but effective defense. After a couple of court appearances the judge dismisses Voltage's claim against you. Your legal bills: $7,000.

d) you mount a very effective defense but are countered by Voltage's lawyers. A good deal of expert testimony is demanded. The case drags through the courts for months. Regardless of who prevails, your legal bills are now in the tens of thousands.

In none of these scenarios do you walk away paying $100. It's just not going to happen, because showing up to court will immediately put you in the hole $3,000, and it would be very, very unlikely for the judge to award you costs, unless Voltage's lawyers are complete idiots and bungle this horribly.

A) disabled people have an undue harm clause that protects them form more then 49$ a month in any claim welfare its like 29$
B) voltage's claim is for commercial infringement if you prove or they cant prove commercial infringement the case should be dropped , refile for the appropriate law and set of laws thank you.
C) you also file a counter claim for your fees and pain and suffering that you were not commercially infringing there UNintellectual property. YOU could also add slander and defamation of character as they are classifying and stating publically that these people are pirates, all definitions in books on pirates state they are armed robbers whom harm physically people for loot....of which none of this you will claim you have done....small claims court 120$ lawyer for it 3 grand max settlement 25000 dollars.

D)voltage doesnt want a case that drags on months , evidenced already by them wanting money to cover there current legal fees ROFL ...SEE part C) of my rebuttal.
THe whole aim is like a criminal doing a drive by a store smashing the window and grabbing all they can and riding off to do so again....

IN every scenario you should win cause its not commercial infringement they have to prove you profited which you did not.
show me again how any ip address on the net right now you can tell if its making money for the user or not....YOU CANT
BUT if i catch you at a flea market selling voltage stuff you gte this kind of case for commercial infringement.
have a nice day and learn what the difference between commercial and non commercial FILE SHARING is.NOTE also of significance is fact that voltage has yet to redraft the notice that TSI is supposed ot send to these affected ips. THEY seem not to care or there legal team is a joke. THEY cant even use the right part of the law in filing.