Letter now Court case

Quote:

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Originally Posted by ftaalltheway

nope,,, i would say i bought codes for my neighbour who told me they were
for his FTA rec and would increase his true FTA signals to reach many
countries that would otherwise be out of reach,,,wasnt aware he had other plans
and because of his lies was removed from my xmas list,,,would it fly? never hurts
to try,,,be surprised what a judge might believe esp with a HHHot blonde luxurygirl sitting
right next to you,,, all the while winking at the judge,,, lol

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So the neighbour would go along and say he was a big liar and admit he wanted the codes and put himself at risk of being sued.



GS2

Quote:

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Originally Posted by Gunsmoke2 - GS2

So the neighbour would go along and say he was a big liar and admit he wanted the codes and put himself at risk of being sued.



GS2

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you dont have to present a neighbour to prove anything ESP
one that has moved away BUT ,,,throw as much as you can
against the claim to give the judge pause for thought,,,
if anything, if you present it properly and look and sound believeable??
be surprised ,,,judges arent quick to react if they are facing DOUBT,,,
reasonable doubt,,,in effect make the judge think that DN
doesnt really have enough to file the claim and dismiss it,,,as it should be

its called cherry picking and were i a lawyer (sharp lawyer)
i would argue ,,,with the thousands and thousands of endusers out there
why did they choose only a handful?? again, gives judge pause for thought

trust me a sharp lawyer would think of every possible angle
to argue of course this would cost BUT this is a test case and the future of
endusers using IKS in ONLY the U.S via pp payments is at stake
NOT the end of IKS but will scare many peeps away since it will cause dn
to muddy the waters all the more with pointless letters SCARING peeps
to give in...food for thought

Quote:

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Originally Posted by ftaalltheway

http://phoenix.satfix.net/attachment...1&d=1361140164

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See where -in your link- it says, "deactivated"? That would allow pause that it was in fact working at one time, so the user was in fact in violation of the DMCA.

Quote:

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Originally Posted by ftaalltheway

you dont have to present a neighbour to prove anything ESP
one that has moved away BUT ,,,throw as much as you can
against the claim to give the judge pause for thought,,,

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Judges rely on evidence based on fact. Have you ever heard of a written sworn testimony? Something like that is what the judge would need to see, not the defendants "word"...:rolleyes:

AFA your future as a lawyer...Keep your day job...

Trust me...

Quote:

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Originally Posted by ftaalltheway

you dont have to present a neighbour to prove anything ESP
one that has moved away BUT ,,,throw as much as you can
against the claim to give the judge pause for thought,,,
if anything, if you present it properly and look and sound believeable??
be surprised ,,,judges arent quick to react if they are facing DOUBT,,,
reasonable doubt,,,in effect make the judge think that DN
doesnt really have enough to file the claim and dismiss it,,,as it should be

its called cherry picking and were i a lawyer (sharp lawyer)
i would argue ,,,with the thousands and thousands of endusers out there
why did they choose only a handful?? again, gives judge pause for thought

trust me a sharp lawyer would think of every possible angle
to argue of course this would cost BUT this is a test case and the future of
endusers using IKS in ONLY the U.S via pp payments is at stake
NOT the end of IKS but will scare many peeps away since it will cause dn
to muddy the waters all the more with pointless letters SCARING peeps
to give in...food for thought

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In a civil process you would probably be deposed and asked who was your neighbor with a whole bunch of questions on it including when, where did they move away and what was their address as a neighbor to you. You start with not answering or you forgot it won't come off as too believable.


Throwing everything out there will look exactly like that and doubt that will help. You just be opening more doors for them to check out and ask you about. You can't answer or answer where your contradicting yourself or end up caught in a lie will hurt with a court. In the 12 years or so I have seen people come up with stories as a defense not one was successful or maybe not even tried. Lawyer are not keen on made up stories used as defense. They are looking to defend on law.




GS2

I'm with ftaalltheway all the way. I want to see him get the best lawyers who would have the best chance of winning his case. He could be that rich guy willing to spend $35,000 to beat a $3500 demand letter over a $35 purchase. Go for it man. I'm with you all the way. I'll even send $5 to your defense fund. Where do I sign up?

Quote:

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Originally Posted by ftaalltheway

its called cherry picking and were i a lawyer (sharp lawyer)
i would argue ,,,with the thousands and thousands of endusers out there
why did they choose only a handful?? again, gives judge pause for thought

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If you were that lawyer making that argument in front of a judge you would be setting yourself up to be sanctioned (fined or disciplined) by the judge.

Every lawyer (sharp and dull ones) know that the Federal Rules of Evidence prohibit them from making that kind of argument.

Quote:

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Originally Posted by Gunsmoke2 - GS2

In a civil process you would probably be deposed and asked who was your neighbor with a whole bunch of questions on it including when, where did they move away and what was their address as a neighbor to you. You start with not answering or you forgot it won't come off as too believable.


Throwing everything out there will look exactly like that and doubt that will help. You just be opening more doors for them to check out and ask you about. You can't answer or answer where your contradicting yourself or end up caught in a lie will hurt with a court. In the 12 years or so I have seen people come up with stories as a defense not one was successful or maybe not even tried. Lawyer are not keen on made up stories used as defense. They are looking to defend on law.




GS2

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agree partly,,,that basicaly what i meant in essence,,,a sharp lawyer would
be able to argue SOME law, surely there has to be at least one OTHER
than technical ones??

look, dn knows full well, the ONLY way they got this info
was a back door opening by first INVESTIGATING
a reseller's acct,,,no way enduser should then be named

thats MY point about "ill gotten means",,,NO way
dn can PROVE you used this code and to argue in front
of a judge, without connecting alllllll the dots, as i stated
his officials entering said premises to then confiscate
related hardware, and/or server logs???is simply a CROCK ;)

Quote:

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Originally Posted by hondoharry

I'm with ftaalltheway all the way. I want to see him get the best lawyers who would have the best chance of winning his case. He could be that rich guy willing to spend $35,000 to beat a $3500 demand letter over a $35 purchase. Go for it man. I'm with you all the way. I'll even send $5 to your defense fund. Where do I sign up?

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ill fund 50.00

Quote:

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Originally Posted by MarvinGardens

If you were that lawyer making that argument in front of a judge you would be setting yourself up to be sanctioned (fined or disciplined) by the judge.

Every lawyer (sharp and dull ones) know that the Federal Rules of Evidence prohibit them from making that kind of argument.

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of course one would make a PLAUSIBLE argument
one that can be construed as fact BUT cant be proven
gee sound familiar?? much like the claim the plaintiff
is making,,,what happens if/when THEY lose their case?
it gets dismissed, with NO sanctions for a frivolous claim

That lawyer could be sanctioned regardless or whether his side won or lost the case.

That argument simply has no legal relevance to the case and a judge or jury would not even consider it when making their decision. In fact it would very well prejudice a judge against you and your cause.

Was this letter from a law office by the name of Boyle or Dolyle?

Quote:

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Originally Posted by MarvinGardens

That lawyer could be sanctioned regardless or whether his side won or lost the case.

That argument simply has no legal relevance to the case and a judge or jury would not even consider it when making their decision. In fact it would very well prejudice a judge against you and your cause.

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Quote:

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Originally Posted by MarvinGardens

That lawyer could be sanctioned regardless or whether his side won or lost the case.

That argument simply has no legal relevance to the case and a judge or jury would not even consider it when making their decision. In fact it would very well prejudice a judge against you and your cause.

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its a civil claim,,, MANY plaintifs file frivolous claims and they get dismissed
faster than it was filed,,,judges are swamped with them

jury?? i think ur stuck in CRIMINAL mode,,,legal relevance?? give head a shake ;)

prejudice a judge? give head a shake ;) say what you will

still doesnt take away from what this claim is all about,,,

A CROCK!!!!!

I love this stuff.......been following and doing lots of reading because it's interesting and some peeps make some good posts and good points! I went back and read the OP pdf. dn/nag make two claims about IKS. One, it updates STB piracy software and two, provides code words to circumvent nagra encryption. I have a friend with a so called 'donation' and I never ever seen his STB software updated from said 'service' I even went to the NFPS site and could find nothing that makes this claim. Am I wrong or missing something? Surely dn would not be making false accusations?

Quote:

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Originally Posted by ftaalltheway

agree partly,,,that basicaly what i meant in essence,,,a sharp lawyer would
be able to argue SOME law, surely there has to be at least one OTHER
than technical ones??

look, dn knows full well, the ONLY way they got this info
was a back door opening by first INVESTIGATING
a reseller's acct,,,no way enduser should then be named

thats MY point about "ill gotten means",,,NO way
dn can PROVE you used this code and to argue in front
of a judge, without connecting alllllll the dots, as i stated
his officials entering said premises to then confiscate
related hardware, and/or server logs???is simply a CROCK ;)

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They have the business records and therefore named the end user. There is nothing wrong or illegal with that. Your assuming that the plaintiffs have to prove the end user used the code. I don't think they do. I think they have to show by the evidence its more likely than not that the intent was to use the codes illegally not that they have to show the codes were actually used. There is no other use for these codes which by themselves would be considered illegal along with the operation of the server being illegal. The plaintiff has filled a complaint and it will shift to the defendant to explain the purchase of the codes in defense. The tendency is to than come up with stories that leave more to attack by the plaintiffs.




GS2

Quote:

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Originally Posted by ftaalltheway

its a civil claim,,, MANY plaintifs file frivolous claims and they get dismissed
faster than it was filed,,,judges are swamped with them

jury?? i think ur stuck in CRIMINAL mode,,,legal relevance?? give head a shake ;)

prejudice a judge? give head a shake ;) say what you will

still doesnt take away from what this claim is all about,,,

A CROCK!!!!!

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The defendant would have to file a motion for dismiss alleging its frivolous. I don't see that happening because I don't see it as frivolous. I could see the defendant filling a claim to to try strike the charge(s) for lack of stating a proper claim, although it would have to be based on law why its not a proper claim.



GS2