Letter now Court case

[Nostradamus]

The hell with the judge. I want to tell it to a jury.

I am not sure if you can request a jury in these menial civil cases

[dishuser]

I am not sure if you can request a jury in these menial civil cases

ya good luck with that
put 12 people on a jury that pay $120/month for tv and see if they side with you for stealing...lol

[Nostradamus]

ya good luck with that
put 12 people on a jury that pay $120/month for tv and see if they side with you for stealing...lol

even worse is the fact they are missing out on the tv they pay big $ for to sit there and listen to all the lame excuses of why you bought a code but never used it

[Gunsmoke2 - GS2]

I am not sure if you can request a jury in these menial civil cases

The U.S. Constitution guarantees the right to a trial by jury in certain civil suits in Federal courts. I don't know which ones qualify. I would not think it would apply to these cases.



GS2

[fifties]

Plaintiffs simply don't show all their evidence in a complaint. It will come out with testimony, affidavits, papers, photos, emails, messages, etc later on

It will actually come out in the discovery phase of the litigation. At that time, which is before the litigants go into the court room, all evidence on either side must be presented, so there are no surprises once the matter is argued before the bench (and possibly jurors). Don't they do it this way in Canada, as well?

Not sure why everyone is saying there are no server logs. It seems to me this guy wufman co-operated. Does anyone know the extent of his co-operation.

Having access to the mod panel at various sites would not give him information in regards to the server, so it's doubtful, unlike the DA cases where DN would have had access to server records, that his PC would have yielded log information.

The U.S. Constitution guarantees the right to a trial by jury in certain civil suits in Federal courts. I don't know which ones qualify. I would not think it would apply to these cases.

In fact we have a right to trial by a jury of our peers in any matter brought in either municipal or superior court. Small claims is the only venue that does not offer that accommodation.

An attorney would know if the particular case at hand might be better for the defendant, if a jury, rather than a judge, were to try it. He might make that decision once he found out who the judge would be.

[hondoharry]

Wonder how much the jury selection process would add to your legal fees.

As fifties or alex says, you're probably better off negotiating the $3500 and be done with it.

But if we were truly a community, we would all get together and support a defense for one case to set a precedent and have the others thrown out.

[Gunsmoke2 - GS2]

It will actually come out in the discovery phase of the litigation. At that time, which is before the litigants go into the court room, all evidence on either side must be presented, so there are no surprises once the matter is argued before the bench (and possibly jurors). Don't they do it this way in Canada, as well?

I mentioned discovered before and being deposed on any deposition given where evidence can be obtained. This time just said it will come later. The point is you can't judge the evidence or call it skimpy based on a complaint. Its unknown what evidence exists.

Having access to the mod panel at various sites would not give him information in regards to the server, so it's doubtful, unlike the DA cases where DN would have had access to server records, that his PC would have yielded log information.

We would not know what he had or had turned over at this point. If hes just a mod then why did he have business records of people who bought subscriptions to the server. Maybe his role is/was bigger than suspected.

In fact we have a right to trial by a jury of our peers in any matter brought in either municipal or superior court. Small claims is the only venue that does not offer that accommodation.

I would not agree with that. It generally does not apply to state courts. It can apply to Federal Courts with cases under common law.




GS2

[Gunsmoke2 - GS2]

Wonder how much the jury selection process would add to your legal fees.

As fifties or alex says, you're probably better off negotiating the $3500 and be done with it.

But if we were truly a community, we would all get together and support a defense for one case to set a precedent and have the others thrown out.

That happen with the Dave end user lawsuits. There was even a site started where lawyers came and posted with the community. It was effective.




GS2

[fifties]

Having access to the mod panel at various sites would not give him information in regards to the server, so it's doubtful, unlike the DA cases where DN would have had access to server records, that his PC would have yielded log information.

We would not know what he had or had turned over at this point. If hes just a mod then why did he have business records of people who bought subscriptions to the server. Maybe his role is/was bigger than suspected.

He may have had detailed information on his customers, but unless he had access to the server (for what reason I couldn't imagine, before caving into DN), he would not have had any logging information.

In fact we have a right to trial by a jury of our peers in any matter brought in either municipal or superior court. Small claims is the only venue that does not offer that accommodation.

I would not agree with that. It generally does not apply to state courts. It can apply to Federal Courts with cases under common law.

You may not agree with that, but I'm talking from experience. Some years back, I was temporarily impaneled on a municipal court jury to hear a case where a guy was suing his insurance company.

[alex70olds]

Wonder how much the jury selection process would add to your legal fees.

As fifties or alex says, you're probably better off negotiating the $3500 and be done with it.

But if we were truly a community, we would all get together and support a defense for one case to set a precedent and have the others thrown out.

Did I say that? If I did, I am not so sure. Still doing research on the DA cases.

[hondoharry]

That happen with the Dave end user lawsuits. There was even a site started where lawyers came and posted with the community. It was effective.

GS2

Yep, reminds me of the days when the self proclaimed 'testers' were accusing everybody else of being 'free TVers'. Those arguments seem to have faded away. Now all that's left are free TVers except for the few plastic guys getting sued big time.

[1boxman]

He may have had detailed information on his customers, but unless he had access to the server (for what reason I couldn't imagine, before caving into DN), he would not have had any logging information.


You may not agree with that, but I'm talking from experience. Some years back, I was temporarily impaneled on a municipal court jury to hear a case where a guy was suing his insurance company.

The think in question ...would be ..having a panel with who he was selling for and what info was given about them . The mod panels on the sites ..if he had excess to ip's ..which ip's are not a person but still would link to emails and the person . So would be or enough ..whether they can us it all ..?

The info on who bought a code ..would confirm the paper trail to the person ..and depends on what info was given buy the person .

There was speculation ..but I doubt it ...on the paypal account of wuf was taken and watched .

Now we need see a hack in on a severer.. reveling who is connect and ip's ..now if they have any of this ..back to holding evidence to be presented at trial or before ..

Some or all of it ...can it be good ...or did they obtain it wrongfully ?

[alex70olds]

Yep, reminds me of the days when the self proclaimed 'testers' were accusing everybody else of being 'free TVers'. Those arguments seem to have faded away. Now all that's left are free TVers except for the few plastic guys getting sued big time.

lmao, no, the real testers do nothing in public anymore due to the heat the free tvers brought. The arguments have only faded because of what you see right here in this thread. Hell I wont even tell somebody to where to look for a file. It is the price of posting in public.

[kyzursozay]

He may have had detailed information on his customers, but unless he had access to the server (for what reason I couldn't imagine, before caving into DN),

What if the reason was to access information on other mods/reseelers & their customers ?......... as kijiji has mentioned in Rockets Discussions "is it safe to donate" thread post # 12.........

[alex70olds]

The think in question ...would be ..having a panel with who he was selling for and what info was given about them . The mod panels on the sites ..if he had excess to ip's ..which ip's are not a person but still would link to emails and the person . So would be or enough ..whether they can us it all ..?

The info on who bought a code ..would confirm the paper trail to the person ..and depends on what info was given buy the person .

There was speculation ..but I doubt it ...on the paypal account of wuf was taken and watched .

Now we need see a hack in on a severer.. reveling who is connect and ip's ..now if they have any of this ..back to holding evidence to be presented at trial or before ..

Some or all of it ...can it be good ...or did they obtain it wrongfully ?

Or they can subponea the ISP. I found one DA case so far where the defendant at least started to fight the charges. Here in this motion for summary judgment. Exhibit 2 is the response of Verizon.

Scott Ferguson Declaration in support of summary judgment.pdf