Facebook VS Faceporn - Case dismissed! - GoFuckYourself.com

nextri · 03-04-2012, 07:17 PM

Justice has prevailed..

Quote:

CONCLUSION
Because Facebook has failed show that defendants? conduct meets the express-aiming element of the Calder effects test, which is required to establish the first element of the Ninth Circuit?s test for the exercise of specific personal jurisdiction, the Court lacks personal jurisdiction over defendants. Accordingly, this Court recommends that the District Court deny Facebook?s motion for default judgment and that it dismiss this action for lack of personal jurisdiction. Facebook may file objections to this report and recommendation under Federal Rule of Civil Procedure 72(b) within fourteen days of the date this order is filed.
IT IS SO ORDERED.

I have no idea what the hell it all means, other than the fact that I guess we won..

BIGTYMER · 03-04-2012, 07:31 PM

Congrats!

David v. Goliath

B.Barnato · 03-04-2012, 07:33 PM

Congrats indeed!

Brent 3dSexCash · 03-04-2012, 07:34 PM

love the ending.

"IT IS SO ORDERED"

TheSquealer · 03-04-2012, 07:37 PM

hahahaha "won"

Facebook won. They made him defend himself in court.

V_RocKs · 03-04-2012, 07:41 PM

Didn't win anything yet... They will retry in the correct court.

ClickCastX · 03-04-2012, 07:42 PM

I wonder if FP will earn more money this first quarter with the settlement. Congrats, anyway! I guess promoting via Facebook would be out of the question.

L-Pink · 03-04-2012, 07:42 PM

Quote:

Originally Posted by V_RocKs

Didn't win anything yet... They will retry in the correct court.

And the attorney fees mount ...

.

nextri · 03-04-2012, 07:44 PM

Quote:

Originally Posted by V_RocKs

Didn't win anything yet... They will retry in the correct court.

In that case they will have to retry in Norway. They will have no chance of winning it here. We'll also be able to defend ourselves properly here.

$5 submissions · 03-04-2012, 07:46 PM

Quote:

Originally Posted by nextri

Justice has prevailed..

I have no idea what the hell it all means, other than the fact that I guess we won..

Here's what it means. In plain English.

The US Constitution has a DUE PROCESS clause that covers a court's ability to haul in a defendant to face trial in a civil or ciminal case. This ability to haul in a person is called PERSONAL JURISDICTION. The US supreme court requires that for someone who is suing you to haul you into court, your activities must have at least some "minimum contact" with the jurisdiction that's trying to haul you in. The US Supreme Court has laid out a test for Minimum contact called the CALDER EFFECTS TEST.

The 9th Circuit court of appeals (which covers California) has caselaw regarding this and Facebook failed to meet its requirements. Since Facebook couldn't show that FACEPORN expressly AIMED its conduct at residents of California, the Calder Effects test wasn't met. A federal court in California can't be used to haul in the FACEPORN defendants.

Facebook can try filing the case in the home court of the defendant to get rid of jurisdiction issues.

Faceporn WON on a "technicality"

wdsguy · 03-04-2012, 09:45 PM

How much did you spend on legal fees?

KillerK · 03-04-2012, 10:38 PM

Grats man, fuck these idiots who think you lost.

Phillipmcd1 · 03-04-2012, 10:40 PM

Quote:

Originally Posted by wdsguy

How much did you spend on legal fees?

I'm predicting he'll say $40k

nextri · 03-05-2012, 01:47 AM

Quote:

Originally Posted by Phillipmcd1

I'm predicting he'll say $40k

bingo

nextri · 03-05-2012, 03:50 AM

Quote:

Originally Posted by TheSquealer

hahahaha "won"

Facebook won. They made him defend himself in court.

Not really. I didn't defend myself or had legal advice for the past year. The court dismissed the case on their own merit. Had I actually gotten a lawyer in California and tried to defend myself in court there, I would have submitted to Californian jurisdiction, and the case wouldn't have been dismissed, as far as I understand it.

SNRProductions · 03-05-2012, 04:52 AM

Congrats...takes balls to hang in there and fight back.

DateDoc · 03-05-2012, 07:01 AM

Congrats!

OY · 03-05-2012, 07:03 AM

Interesting indeed.

I think if FB takes this to a Norwegian court that you will be represented for free by one of the "famous" lawyers we have here - just for the press he will get in the case.

Fletch XXX · 03-05-2012, 07:06 AM

im about to register googleporn.com now! ;)

Barry-xlovecam · 03-05-2012, 08:28 AM

US Courts have no jurisdiction of Norwegian AS businesses.

Facebook has a very weak trademark infringement case IMHO

No personal jurisdiction but in rem on the host server(s), if they could prove the infringement (IF) -- they do host in on a US IP in New York ...

Jacob[Soft] · 03-05-2012, 09:02 AM

Congrats!

redirected to http://www.faceporn.no/

nextri · 03-05-2012, 09:06 AM

Quote:

Originally Posted by Jacob[Soft]

Congrats!

redirected to http://www.faceporn.no/

yes, we have been redirecting it to .no for a while now, in case it didn't go our way.

Paul Markham · 03-05-2012, 09:53 AM

Quote:

Originally Posted by L-Pink

And the attorney fees mount ...

.

The stupid thing is if FB had just stuck in an offer for the domain and name to Plugrush. They would of sold, just a question of price.

FB fucked up by not registering all the possible names they want. For $90 for 10 years, it would of been sensible. FB fucked up.

I bet they have now.

2intense · 03-05-2012, 09:56 AM

facebook is for losers,faceporn is for all of us ha ha ha

porno jew · 03-05-2012, 09:57 AM

if facebook would have hired markham for legal consult you would have been fucked man. consider yourself lucky.

fris · 03-05-2012, 10:11 AM

probably because you changed what you had the site before, with the blue and white colors mimicing their look, which would cause a case of confusion which was probably their basis for the law suit.

nextri · 03-05-2012, 10:20 AM

Quote:

Originally Posted by fris

probably because you changed what you had the site before, with the blue and white colors mimicing their look, which would cause a case of confusion which was probably their basis for the law suit.

they wouldn't have had jurisdiction in California no matter what the site looked like, or how similar it could have been. It could have been an identical copy and the case would still get dismissed when they don't have jurisdiction.

omgt · 08-01-2012, 07:57 PM

well done -

fris · 08-01-2012, 08:07 PM

Quote:

Originally Posted by Fletch XXX

im about to register googleporn.com now! ;)

google already owns it :p

kazymjir · 08-02-2012, 03:52 AM

Whoa, nice. Good luck.

nextri · 08-02-2012, 04:09 AM

two bumps on old threads today? What gives?

AllAboutCams · 08-02-2012, 04:24 AM

Quote:

Originally Posted by Fletch XXX

im about to register googleporn.com now! ;)

is that not that different as it has the word google in it faceporn only has face not facebookporn

nextri · 08-02-2012, 04:32 AM

Quote:

Originally Posted by xxxupdate

is that not that different as it has the word google in it faceporn only has face not facebookporn

Yeah, it is totally different.

First of all, google isn't a generic word. It's a trademarked brand.
on top of that, his example uses the complete brand in the word googleporn.com, so it would be a slam dunk UDRP dispute.

Faceporn does not violate any trademarks

Ace_luffy · 08-02-2012, 06:09 AM

Congrats. I hope it will end soon and final!

Paul Markham · 08-02-2012, 06:38 AM

What goes up, must come down. https://www.google.com/finance?client=ob&q=NASDAQ:FB

DamianJ · 08-02-2012, 06:46 AM

Quote:

Originally Posted by Paul Markham

What goes up, must come down. https://www.google.com/finance?client=ob&q=NASDAQ:FB

When did it go up? All that shows is it going down.

sperbonzo · 08-02-2012, 07:53 AM

Quote:

Originally Posted by TheSquealer

hahahaha "won"

Facebook won. They made him defend himself in court.

No. There was no defense. That's the point of the ruling. Read it again please.

.

2012 · 08-02-2012, 08:05 AM

Quote:

Originally Posted by Brent 3dSexCash

love the ending.

"IT IS SO ORDERED"

Behold !

it is written.

TheLegacy · 08-02-2012, 08:43 AM

Wait.. the judge will have his facebook account switched over to timeline with pirate english then spammed with all the "game requests".. then deleted for violation

pornmasta · 08-02-2012, 08:54 AM

When i hear the word facebook, i reach for my flamethrower!

:berserker:

gideongallery · 08-02-2012, 10:19 AM

Quote:

Originally Posted by L-Pink

You know you would have never used the word face if it wasn't for facebook. Period. Everyone else knows it as well. You are fucked and getting shitty legal advise to have stayed in an obviously losing and wrong position.

https://gfy.com/showthread.php?t=1026141

so once more my prediction comes true

Quote:

Originally Posted by L-Pink

And the attorney fees mount ...

.

and you grasp at non existent straws to save face

Just admit you were totally wrong

michael.kickass · 08-02-2012, 10:28 AM

Great news.

SGS · 08-02-2012, 10:33 AM

That took balls. Well done.

MrCain · 08-02-2012, 10:34 AM

Good job

TheSquealer · 08-02-2012, 10:59 AM

Quote:

Originally Posted by sperbonzo

No. There was no defense. That's the point of the ruling. Read it again please.

.

you are quoting a very old post.

And I would say that when a big company is going to fire a shot across your bow, force you to hire attorneys and force you into a court room, you've lost. They redirect the domain to .no because they anticipated that. Now the question is simply one of jurisdiction and venue. They can still file a new lawsuit in the proper jurisdiction and copyright/trademark law isn't exactly a local thing. Why is there so much certainty that "its over" - there is no settlement agreement. There is a simple procedural obstacle and can be easily stepped around.

alias · 08-02-2012, 12:23 PM

Congrats Nextri.

Paul Markham · 08-02-2012, 12:34 PM

https://www.google.com/finance?client=ob&q=NASDAQ:FB under $20

http://www.valuewalk.com/2012/08/fac...fake-accounts/ add the dead accounts.

sperbonzo · 08-02-2012, 01:28 PM

Quote:

Originally Posted by TheSquealer

you are quoting a very old post.

And I would say that when a big company is going to fire a shot across your bow, force you to hire attorneys and force you into a court room, you've lost. They redirect the domain to .no because they anticipated that. Now the question is simply one of jurisdiction and venue. They can still file a new lawsuit in the proper jurisdiction and copyright/trademark law isn't exactly a local thing. Why is there so much certainty that "its over" - there is no settlement agreement. There is a simple procedural obstacle and can be easily stepped around.

Except that in this case, there WAS NOT anyone forced into a courtroom. The whole point of the ruling was that Facebook was trying to get a default judgment with the defendant not present, and the case was thrown out because they did not have juristidction. He had a lawyer to advise him, of course, but niether he nor his lawyer, appeared, and he didn't incur any court costs. Further, if FB brings the suit again, in the proper jurisdiction of Norway, there is a very very good chance that FB will lose.

.

.

piers30 · 08-02-2012, 01:49 PM

Big congrats .

One big question though does this now mean that any name similar to FB facecook, facelook , facecock, etc and hosted outside of US can play the same routine with no fear
even if their domain is .com ?
The fundamental point being that FB is based in US and since FP hosting was not done there , then charges did not stick.

Choker · 08-02-2012, 06:22 PM

Quote:

Originally Posted by nextri

Justice has prevailed..

I have no idea what the hell it all means, other than the fact that I guess we won..

I'm no lawyer but I think it says that the defendent is not under that Courts jurisdiction so they dismissed it. Would be similar to me suing someone in a Texas court for something they did to me in Ohio. Court has no choice to dismiss it as the defendent is not in their jurisdiction

03-04-2012, 07:37 PM	#5
TheSquealer BANNED Industry Role: Join Date: Oct 2004 Location: In Your Head Posts: 25,072	hahahaha "won" Facebook won. They made him defend himself in court. __________________ . Yes, fewer illegal immigrants working equates to more job opportunities for American citizens. Rochard

03-04-2012, 07:42 PM	#7
ClickCastX X10 Revenue Industry Role: Join Date: Jul 2011 Posts: 405	I wonder if FP will earn more money this first quarter with the settlement. Congrats, anyway! I guess promoting via Facebook would be out of the question. __________________ https://www.x10revenue.com [email protected] skype: vod.support

03-05-2012, 04:52 AM	#16
SNRProductions President SNRProductions Industry Role: Join Date: Jul 2006 Posts: 700	Congrats...takes balls to hang in there and fight back. __________________ Popular gay blog with a 40 DA, quality US-based traffic: GayBodyBlog Tabs, links, posts, all available. Get free traffic: DudeDump and FemaleUpdate

03-05-2012, 07:01 AM	#17
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	Congrats! __________________

03-05-2012, 07:03 AM	#18
OY Industry Pioneer Industry Role: Join Date: Oct 2002 Location: USA/EU/ASIA Posts: 5,401	Interesting indeed. I think if FB takes this to a Norwegian court that you will be represented for free by one of the "famous" lawyers we have here - just for the press he will get in the case. __________________ Around since 1997, and the company that introduced "Cascading Billing" in MPA3® Affiliate Management and Tracking Software Outsourcing With A Norwegian Twist - NordBits - Inquire within!

03-04-2012, 07:31 PM	#2
BIGTYMER Junior Achiever Industry Role: Join Date: Nov 2004 Location: Walled Garden Posts: 17,066	Congrats! David v. Goliath

03-04-2012, 07:33 PM	#3
B.Barnato So Fucking Banned Industry Role: Join Date: Nov 2010 Posts: 3,618	Congrats indeed!

03-04-2012, 07:34 PM	#4
Brent 3dSexCash Octopus Anime Industry Role: Join Date: Sep 2007 Location: Chicago Posts: 1,062	love the ending. "IT IS SO ORDERED"

03-04-2012, 07:41 PM	#6
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,391	Didn't win anything yet... They will retry in the correct court.

03-04-2012, 09:45 PM	#11
wdsguy Ryde or Die Industry Role: Join Date: Dec 2002 Location: California-Shanghai Posts: 19,568	How much did you spend on legal fees?

03-04-2012, 10:38 PM	#12
KillerK Confirmed User Join Date: May 2008 Posts: 3,406	Grats man, fuck these idiots who think you lost.

03-05-2012, 07:06 AM	#19
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	im about to register googleporn.com now! ;) __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

03-05-2012, 08:28 AM	#20
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	US Courts have no jurisdiction of Norwegian AS businesses. Facebook has a very weak trademark infringement case IMHO No personal jurisdiction but in rem on the host server(s), if they could prove the infringement (IF) -- they do host in on a US IP in New York ...

03-05-2012, 09:02 AM	#21
Jacob[Soft] Confirmed User Industry Role: Join Date: Mar 2010 Location: http://HardLinks.ORG http://HardLinks.ORG http://HardLinks.ORG http://HardLinks.ORG http://HardLinks.ORG http://HardLinks.ORG Posts: 873	Congrats! redirected to http://www.faceporn.no/ __________________ Hundreds of One Way Hardlinks from Adult Sites Located All Over the World Testimonials and feedback from our clients Hardlinks.org - monthly payment options. We accept pp and paxum ~Ray, sales: webmaster[AT]advertisingsex.com ICQ: 94994627 Tech: jacob.uub[AT]gmail.com ICQ: 58581992

03-05-2012, 09:56 AM	#24
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03-05-2012, 09:57 AM	#25
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	if facebook would have hired markham for legal consult you would have been fucked man. consider yourself lucky.

03-05-2012, 10:11 AM	#26
fris Too lazy to set a custom title Industry Role: Join Date: Aug 2002 Posts: 55,219	probably because you changed what you had the site before, with the blue and white colors mimicing their look, which would cause a case of confusion which was probably their basis for the law suit. __________________ Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence. WP Stuff

08-01-2012, 07:57 PM	#28
omgt So Fucking Blind Industry Role: Join Date: May 2005 Location: In a chair Posts: 749	well done -

08-02-2012, 03:52 AM	#30
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08-02-2012, 04:09 AM	#31
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08-02-2012, 06:09 AM	#34
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08-02-2012, 06:38 AM	#35
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	What goes up, must come down. https://www.google.com/finance?client=ob&q=NASDAQ:FB __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70

08-02-2012, 08:43 AM	#39
TheLegacy SEO Connoisseur Industry Role: Join Date: Apr 2003 Location: Brantford, Ontario Posts: 16,345	Wait.. the judge will have his facebook account switched over to timeline with pirate english then spammed with all the "game requests".. then deleted for violation __________________ SEO Connoisseur Microsoft Teams: Robert Warren SEO Skype: robjameswarren RobertWarrenSEO.com

08-02-2012, 08:54 AM	#40
pornmasta Too lazy to set a custom title Join Date: Jun 2006 Posts: 18,942	When i hear the word facebook, i reach for my flamethrower! :berserker:

08-02-2012, 10:28 AM	#42
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08-02-2012, 10:33 AM	#43
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08-02-2012, 10:34 AM	#44
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08-02-2012, 12:23 PM	#46
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08-02-2012, 12:34 PM	#47
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	https://www.google.com/finance?client=ob&q=NASDAQ:FB under $20 http://www.valuewalk.com/2012/08/fac...fake-accounts/ add the dead accounts. __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70 Last edited by Paul Markham; 08-02-2012 at 12:35 PM..

08-02-2012, 01:49 PM	#49
piers30 Confirmed User Industry Role: Join Date: Jul 2010 Posts: 209	Big congrats . One big question though does this now mean that any name similar to FB facecook, facelook , facecock, etc and hosted outside of US can play the same routine with no fear even if their domain is .com ? The fundamental point being that FB is based in US and since FP hosting was not done there , then charges did not stick.