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TScheisskopf
World News Trust
join:2005-02-13
Belvidere, NJ | It just might be time...
For some heavy hitters, like M$ and others who use Spamhaus, to file briefs on behalf of them to get the order vacated.
Also, a public letter writing campaign migh be useful. | |
rachelsfx
join:2004-09-27
Pensacola, FL | If the defendant doesn't show up, it is a default judgement no matter how many friend of the court briefs are written. | |
sqinky
Premium
join:2001-01-24
Fernley, NV
| It's just like the above post... If I sue someone and they don't show up to the hearing, EVERY trial court in the USA will enter some sort of default judgment in favor of the party that showed up to the hearing. I don't know if the trial court enters a finding of facts or simply enters a default judgment based on the FTA. This would be important in a appeal since the trial court, not an appeals court, is responsible to find the facts. I'm guessing that there is nothing wrong with the outcome of the trial procedurally, so they can't expect to win an appeal of the finding of liability, but I'd be appealing both the liability finding and the damage award amount. | |
AnonymousPerson
@optonline.net
| reply to TScheisskopf
This is not like in England. Illinois State is a sovereign entity just like the United Kingdom and thus, it is not subservient to the United States federal government. If anything, the United States federal government is subservient to it. Therefore, Illinois State does not care what happens to Microsoft as Microsoft is in Washington State, and thus any protest by Microsoft would be useless.
To further illustrate that Illinois State is a sovereign entity, I would like to state that Illinois, Washington, California, New York, etcetera are all seperate countries, just like England, France, etcetera. The United States of America is a union created by the States, like the European Union is a union created by the Nation-States of Europe. The similarities end there, as the United States of America is a strong union, such that it takes sole responsibility for foreign and intrastate affairs; to an alien, the United States of America eclipses the several States entirely such that it is the only entity of which they know. However, in Europe, the European Union is a is a weak union, such that each individual Nation-State still handles its own affairs, and thus is a Nation-State and not simply a State.
If the European Union was to become like the federal government in the United States of America, it too would eclipse the States of Europe (they would no longer be Nation-States) such that it would be the only entity that an alien (which I to you I would be, like to me, you are) would know, even though each State would still manage its own affairs, much like they do (or are supposed to do) in the United States of America. Government corruption in the United States of America has led to a unconstitutional usurpation of power in various areas by the United States federal government from the several States, even though the several States are still the proper authorities when it comes to their own domestic affairs, and this is much like how it will eventually be in Europe if the Nation-States of Europe decide to further centralize such that their national identities become merged into a central identity.
If that was to happen, people in Europe will no longer consider themselves Englishmen, French, or anything else but Europeans with a single country, much like how we in the United States of America no longer consider ourshelves here in the United States Californians, New Yorkers, or anything else but Americans with a single country. Even though both on paper and legally, we are still fifty countries united together no one thinks of us that way and while we might still use those times casually, those terms simply refer to where one identifies himself as being raised and not where one is a citizen, much like how things will be in Europe if the European Union is expanded like those in Europe would like to do.
Thus, that is why Illinois State does not care how a ruling against a company in England affects a company in Washington State, much like how England would not care how a ruling against a company in Illinois would affect a company in France. Although, I must say that while England would probably rule that way to hurt the French, there is no animousity by Illiniosians against Californians like there is by Englishmen against Frenchmen and vica-versa. | |
rachelsfx
join:2004-09-27
Pensacola, FL | reply to sqinky
I believe all appeal rights go out the window since you didn't bother to show-up in the first place. | |
rrz103
RichardZ
Premium
join:2003-09-16
Canton, MI
| Right, and the only way to open the case back up is to show that proof of service wasn't made or some other egregious error or mistake was made (all within the confines of a court's rules and/or state statute). Once a valid argument is made and accepted by the court, the default judgment can be vacated and a new hearing date set.
I don't know how Spamhaus can get around this one however, especially since they have been actively following the case and knew it was going on.
It's a hard argument to make saying, "your honor, we had no idea that such a clever enforcement mechanism would take place, and therefore, would like to vacate the judgement."
Too much, too late, and that's disappointing since I think Spamhaus has got a good operation going on. Of course, this isn't the end of the world for them (or for its users), just that there's going to be a period of insanity where IT staff will be trying to make the switch to the new IP address.
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Rich Z - »www.richardz.com | |
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