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Old 06-14-2009, 05:26 PM   #1
moeloubani
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Taking down a file sharing website 101

lol this is nuts saw it a bit ago (before database errors )

i took the guys' names out but you can see them on the sites that got shut down

Quote:
The Illegal WP-Board.com & WorldPlagiates.com
Content Trading Sites have Been Shut Down


Last Updated June 14th, 2009
Up until June 10th 2009 the sites known as WP-Board.com, WP-Board.net, WorldPlagiates.com and BigMouthShirts.net had been operating as illegal file sharing and trading websites -- in clear violation of both Criminal and Civil Copyright laws.

They are now closed and I, James S. Grady of Littleton, Colorado. USA. have control of the site domain names. They will not be returning as illegal file trading forums / boards / sites.

Over the last 18 months these sites, the administrators of them, the file contributing visitors and the t-shirt buying financial supporters, have done great damage to myself and many, many other small business persons world wide. The illegal posting of our content has caused many sites to closed, revenues to drop as much as 60%, and people to be laid off.

One popular model recently had to drop out of college because the revenue she counted on for the last three years sudenly dropped when "TomTom" and "Platoon" (WP Admins) made her a premium model and started giving all her content away -- not just a few pictures, but all of the content of her site.

An entire section of the forum was dedicated solely to my work. It took me years to get any good at the pretty girl pictures business, and monthly its takes tens of thousands of dollars to maintain my sites and continue to produce successfull, highly marketable content. The idea of these people stealing from me day after day was a huge throne in my side. My mean side wanted to just drive over to "Platoon's" house and beat his punk ass with a baseball bat.

The entire situation disgusted me and I decided to see what could be done through proper legal channels. It was a time consuming and expensive pursuit, but well worth it. Over the next few weeks -- when I have a few minutes between lawyer meetings and lawsuit preparation -- I'll be posting a series of short stories or blog entries here laying it all out, step by step.

Step 1 -- Identification and Evidence Collection

Starting the process was easy. It was to identify who was running the site -- meaning who my target would be. "Platoon" is a 38 year old male in a suburb of Dayton, Ohio. He is married and has a child is 6th grade. He filed for bankrutcy in 1999 and is on shaky financial ground here ten years later.
I hired a private investigator (former FBI agent) in Dayton to follow him and dig into his operation. This included going into his trash that was placed on public property in the alley behind his house and business. That was a goldmine of information, including printed receipts showing the full name and address of persons that donated to the WP-Board operation to help pay server and other expenses. The investigator, and others working with me online, simply located and organized a pile of rock solid evidence of copyright infringement (direct, contributory and vicarious) and many other actions that would take mister "Platoon" and he partners into court for years to come.

I am not using "Platoon's" real name in this outline. I agreed to that as part of a fast settlement discussed in Step 2.

Step 2 -- Preparing to Sue or Settle.

The next step was to plan the legal attack. This is where I'm very experienced. This is also where I have great lawyer back-up. Luke Lirot in Florida, where I have a studio, and Andrew Contiguglia in Colorado, where I live, have a studio and my main business office.
A Federal Lawsuit was prepared claiming copyright infringement and unfair competition. The suit was not filed, just prepared. On the evening of June 9th I flew 1220 miles from my home in Colorado to Dayton, Ohio so I could personally confront "Platoon". One private investigator met me at "Platoon's" office the afternoon of June 10th. There was no threats or physical contact except the normal introductory handshake.

In addition to the lawsuit I had with me a few copies of the 125 peices of solid eveidence we had compiled. I also had a 7 page cover letter from me to him (without lawyers involved) explaining who I was, what I knew, and what it would be like to be tied up in Federal Court as a struggling businessman with a small child. It also contained a proposed pre-trial settlement. The idea of me getting ownership of the domain names was not in that letter.

I was in his shop about 5 minutes and asked him to let me know within two hours if he wished to accept the settlement offer, or if I should have my people file the suit later that afternoon.

He called before the two hour deadline passed and agreed to all my terms. He mentioned in that call he was leaving the entire file trading / sharing scenes rather than face other angry webmasters like myself. I offered a reasonable amount in cash for the domain names and he accepted.

The more formal settlement gave me all logs, records, files, back-ups and other materials related to the WP forums. It also gave me access to the server by FTP to access ofther potential evidence, as well as access to the admin control panel of the forum software.

"Platoon's" real name will not be used here. In truth he seems to be a pretty good guy -- hard working at his own shop that builds important items needed by our military. He seems to have been led astray by the other admin known as "TomTom" who hides in Germany and gets other people to put servers and t-shirt sites and other items in their own names.

Step 3 -- Making a Public Example

With TomTom hiding in his little German rat-hole, and others foolishly following his every word and acting all tough behind the fake screenames, I know that the illegal posting and sharing of my content will not soon be stopped. I've decided to "Discourage by Example". I'm going to actively pursue in the Federal Court at least 5, and more likely 8-10, of the biggest posters of my content. Its real simple.
The logs and files and IPs addresses and other things collected in the last 60 days make it so darn rock solid that a beginning lawyer fresh out of law school could win. First I'll send a "Cease & Desist" letter as required by the local rules of most Federal Courts. That letters is formal lawyer sounding information and offers a settlement. Some take it, some ignore it, and some in the past have even been dumb enough to try and fight and go into court saying they have a right to do what they want with my works.

I do the most basic work of C & D letters myself and I've never lost a copyright suit. If we actually have to file against any of these foolish people it will be handled by the lawyers that have been helping all along.

The persons I have selected to sue thus far are:

*, Texas. Known on WP-Board.com as "Zabalokis". Review his C & D here
* of Los Angeles, California. Known on WP-Board.com as "Idigit". Review his C & D here
* of Kennewick, Washington (currently in Japan). Known on WP-Board.com as "Denshaman". Service will be on his mother Becky.
* at University of Texas at Austin. Known on WP-Board.com as "CharlieDodgson" and in law school of all crazy things.
* of Bellerica, Mass. Known on WP-Board.com as "ILVSandra".
* of Alexandria, Virginia. Known on WP-Board.com as "datagram".
* of Rensselaer, New York. Known on WP-Board.com as "crzydude".
Not all of the C & D letters are prepared just yet because we have to be exact and solid in what we claim. I did the David Banks item today and it took hours to double check and cross-reference all the information, data and logs to make sure we are not under or over estimating the damage a certain poster has done.
What is Next?

For now I have a sucessful business to run and enjoy. I'll be finishing other C & D letters here as they are completed over the next several days. As I said -- I don't just create them, I have to be exact and double check everything to make sure it can be proven in a court room should the need arise.
I encourage you to check back here often. I'll post more as soon as time allows. If you have questions or comments please feel free to send them using the form below and I'll reply as soon as possible.



James S. Grady
40 W. Littleton Blvd #210
Littleton, CO. USA. 80120
1-877-686-5393.
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Old 06-14-2009, 05:43 PM   #2
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Old 06-14-2009, 05:48 PM   #3
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Old 06-14-2009, 05:52 PM   #4
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the real file sharing sites are invite only now, so good luck infilitrating those...
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Old 06-14-2009, 08:30 PM   #5
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Go back and read the updated version of Step 3
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Old 06-14-2009, 08:52 PM   #6
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An interestin' read.

Cool that he flew over a thousand miles and confronted the guy at his own doorstep. That dude must've shit a load.
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Old 06-14-2009, 09:00 PM   #7
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Quote:
Originally Posted by JimmyStephans View Post
Go back and read the updated version of Step 3
lol @ the pirate story

so what do you think the end result will be with these guys? i dont think any of them have 4 million dollars to drop like that so you're really going to take them all to court? won't that cost tons in legal fees?

just wondering but damn man, way to go after people that are stealing your shit!
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Old 06-14-2009, 09:01 PM   #8
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what the fuck is WP-Board.com?
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Old 06-14-2009, 09:10 PM   #9
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That's good to see. That TomTom fucker went from spreading content via Usenet to running those BBS's and basically thumbing his nose at site owners.
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Old 06-14-2009, 09:19 PM   #10
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Someone should make a list of all the illegal sites run by Americans. Most people aren't nearly careful enough to cover their tracks on the internet, assuming the police won't care. However that doesn't really help against a guy like this.

If you know of a file sharing site, an illegal tube, a password trading forum, a clip forum etc that runs in the USA, please list it in this thread!
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Old 06-14-2009, 10:53 PM   #11
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Sorry, ain't buying. How did he get the names and addresses of all these content posters that easily?
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Old 06-15-2009, 11:14 AM   #12
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Quote:
Originally Posted by moeloubani View Post
lol @ the pirate story

so what do you think the end result will be with these guys? i dont think any of them have 4 million dollars to drop like that so you're really going to take them all to court? won't that cost tons in legal fees?

just wondering but damn man, way to go after people that are stealing your shit!


Off course they don't have millions to pay. Don't care. We'll get what we can and go from there. Two lawyers have called mine today in direct relationship to this. I don't know the details just yet.

One of the bigger posters is a real estate developer in Mass, with millions in property in his portfolio, but another got laid off from Home Depot just 2 weeks ago.

Some will pay, some won't.
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Old 06-15-2009, 11:27 AM   #13
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Sorry, ain't buying. How did he get the names and addresses of all these content posters that easily?
That was the relatively easy part. That board ran as a club -- someguys would log into my site and refresh member's home page for an hour or more hoping to be the first to post content at the old WP.

DMCA subpoena issued to a host in the USA gave us logs and data. That was used to narrow down IP addresses.

Next I work with other webmasters that have their stuff posted BY THE SAME WP User. We start comparing our membership rolls and narrow it down to a few suspects. In one time frame the poster at WP had to be a member of 3 sites of mine, one from another guy and still at another site. Thats five sites at the same time.... We simply compare records and come down to one suspect.

Once we had it narrowed down to just one suspect I still wanted to run a few tests. It was easy. One update night I would create the entire update and remove everybody but him from the password file. That update would include one or two photos with special markings or hidden stuff. To insure we had a neutral party to testify should the case come to trial we did this stuff while being watched by a law student from Stetson University in St. Petersburg, Florida. She just took notes and watched.

I would post the update, wait until he logged in, then a few minutes later see it posted at WP-Board.com. Because, as she?ll testify, only he had access to the ?marked? photos, she would then visit WP-Board.com and download from his posting / link for free. Next she checks for the markings and BINGO, its him! Busted.

I then post the unmarked version of the same photos and restore all passwords. I lock him out, run the same test the next week, or even an hour later, with another suspect and bust him. In Colorado (during June) the witness is different, but the method is the same. Honestly I don?t expect any of the busted posters to fight the case. They?ll settle, fail to show for court (resulting in a Default Judgement in my favor) or if stupid, lose at trial and owe me big time.


Jimmy
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Old 06-15-2009, 11:41 AM   #14
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Fucking excellent work! After all the frustration and money this shit has caused over the last couple of years since it really blew up...it's good to see what you did.
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Old 06-15-2009, 04:35 PM   #15
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interesting read, thanks for it
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Old 06-15-2009, 04:58 PM   #16
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Cool beans
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Old 06-15-2009, 05:04 PM   #17
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Jimmy hit me up!
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Old 06-15-2009, 05:09 PM   #18
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Very cool. I read that earlier when the link was posted in another thread but its nice to see that the guy is a member here. You should start up a service which does just that - you'd make a killing.
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Old 06-15-2009, 05:23 PM   #19
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Jimmy knows what the fuck he is doing! I ran some sites with him back in the 2001 era!
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Old 06-15-2009, 05:51 PM   #20
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Nice. I see that unfair competition is becoming a recurring angle. What ever happened to the suit against redtube claiming the same thing?
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Old 06-15-2009, 06:58 PM   #21
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Nice. I see that unfair competition is becoming a recurring angle. What ever happened to the suit against redtube claiming the same thing?
Thats suits was filed in California and still in progress. Its a tough one because owners are hidden way over in Hong Kong from what I have read. Its public record at the California courts but here is a link if you want to read the PDF without searching the court site.

http://wp-board.com/redtube/
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Old 06-15-2009, 07:05 PM   #22
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That was the relatively easy part. That board ran as a club -- someguys would log into my site and refresh member's home page for an hour or more hoping to be the first to post content at the old WP.

DMCA subpoena issued to a host in the USA gave us logs and data. That was used to narrow down IP addresses.

Next I work with other webmasters that have their stuff posted BY THE SAME WP User. We start comparing our membership rolls and narrow it down to a few suspects. In one time frame the poster at WP had to be a member of 3 sites of mine, one from another guy and still at another site. Thats five sites at the same time.... We simply compare records and come down to one suspect.

Once we had it narrowed down to just one suspect I still wanted to run a few tests. It was easy. One update night I would create the entire update and remove everybody but him from the password file. That update would include one or two photos with special markings or hidden stuff. To insure we had a neutral party to testify should the case come to trial we did this stuff while being watched by a law student from Stetson University in St. Petersburg, Florida. She just took notes and watched.

I would post the update, wait until he logged in, then a few minutes later see it posted at WP-Board.com. Because, as she’ll testify, only he had access to the “marked” photos, she would then visit WP-Board.com and download from his posting / link for free. Next she checks for the markings and BINGO, its him! Busted.

I then post the unmarked version of the same photos and restore all passwords. I lock him out, run the same test the next week, or even an hour later, with another suspect and bust him. In Colorado (during June) the witness is different, but the method is the same. Honestly I don’t expect any of the busted posters to fight the case. They’ll settle, fail to show for court (resulting in a Default Judgement in my favor) or if stupid, lose at trial and owe me big time.


Jimmy
Bravo!!

Hope you keep us updated on your progress.
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Old 06-15-2009, 07:41 PM   #23
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Good move. I hope others in the industry are taking notice.
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Old 06-15-2009, 09:56 PM   #24
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Jimmy, do you have any suggestions for how this can be expanded? Surely an organized effort on behalf of a few big content owners could have a greater impact, and if your lawyers become skilled in this, could be extra business for them and less work for you, and of course more results.
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Old 06-15-2009, 10:13 PM   #25
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Nice work, hit me up on ICQ if you're trying to track down other file sharing forums sharing your stuff. Always willing to help when it comes to stuff like this, you're helping the entire biz.
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Old 06-16-2009, 12:28 AM   #26
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Thats suits was filed in California and still in progress. Its a tough one because owners are hidden way over in Hong Kong from what I have read. Its public record at the California courts but here is a link if you want to read the PDF without searching the court site.

http://wp-board.com/redtube/
This is a joke right? I mean, it's complete bullshit! You are suing them for providing videos for free?

If they were infringing on your copyright, I could understand that you would sue them for copyright infringement.

But this, I don't really know what to make of it. It's more like you are a crybaby - you can't compete so you find some reason to sue them.
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Old 06-16-2009, 12:49 AM   #27
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Got your little panties in a knot there, has he wootprOn?
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Old 06-16-2009, 01:01 AM   #28
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Jimmy,

If I were a lawyer, I'd be donating my time to you and to others in the legal process to take these fuckers down.
I hope that some nice lawyers step up to the plate soon and start offering donated services. They still have a chance to make some money from the settlements or judgments, so its not a completely dry cause.
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Old 06-16-2009, 04:00 AM   #29
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why did you take the names out? why why why?
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Old 06-16-2009, 08:03 AM   #30
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Old 06-16-2009, 12:50 PM   #31
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Old 06-16-2009, 04:16 PM   #32
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This is a joke right? I mean, it's complete bullshit! You are suing them for providing videos for free?

If they were infringing on your copyright, I could understand that you would sue them for copyright infringement.

But this, I don't really know what to make of it. It's more like you are a crybaby - you can't compete so you find some reason to sue them.
wootpr0n,

Thanks for contributing, but you have it all wrong.... The lawsuit over RedTube IS NOT ME.

Somebody above asked a general question about it and I just gave a link so they could read.

That suit isn't me, so your comment about me being a crybaby is misdirected.

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Old 06-16-2009, 04:20 PM   #33
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Just in case anybody is interested. One of the persons has already agreed to a settlement. Here is a couple of paragraphs from the agreement being finalized today.
-----------------------------------------------------------------------------------
"You pay the entire sum of $24,632.00 no later than the 24th day of June, 2009

That payment is made in this method: One cashiers check payable to James S. Grady in the amount of $10,000.00. A second cashiers check made payable to Don Michael Photography in the amount of $10,000.00. A third cashiers check made payable to Victory Junction Gang Camp (my favorite charity) in the amount of $4632.00."

-----------------------------------------------------------------------------------
The odd amount is based on average judgments in Federal Court within the last 2 years.

One down, 7 to go.
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Old 06-16-2009, 04:31 PM   #34
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Victory Junction Gang Camp (my favorite charity) in the amount of $4632.00."
nice way to use some of the money you collect
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Old 06-16-2009, 05:26 PM   #35
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Originally Posted by JimmyStephans View Post
Just in case anybody is interested. One of the persons has already agreed to a settlement. Here is a couple of paragraphs from the agreement being finalized today.
-----------------------------------------------------------------------------------
"You pay the entire sum of $24,632.00 no later than the 24th day of June, 2009

That payment is made in this method: One cashiers check payable to James S. Grady in the amount of $10,000.00. A second cashiers check made payable to Don Michael Photography in the amount of $10,000.00. A third cashiers check made payable to Victory Junction Gang Camp (my favorite charity) in the amount of $4632.00."

-----------------------------------------------------------------------------------
The odd amount is based on average judgments in Federal Court within the last 2 years.

One down, 7 to go.
Bravo.....Bravo
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Old 06-16-2009, 06:00 PM   #36
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Originally Posted by JimmyStephans View Post
Just in case anybody is interested. One of the persons has already agreed to a settlement. Here is a couple of paragraphs from the agreement being finalized today.
-----------------------------------------------------------------------------------
"You pay the entire sum of $24,632.00 no later than the 24th day of June, 2009

That payment is made in this method: One cashiers check payable to James S. Grady in the amount of $10,000.00. A second cashiers check made payable to Don Michael Photography in the amount of $10,000.00. A third cashiers check made payable to Victory Junction Gang Camp (my favorite charity) in the amount of $4632.00."

-----------------------------------------------------------------------------------
The odd amount is based on average judgments in Federal Court within the last 2 years.

One down, 7 to go.
That is AWESOME to say the least.
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Old 06-16-2009, 06:04 PM   #37
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got forbid you get gideon galleryrs ip. ....
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Old 06-16-2009, 06:59 PM   #38
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I'm surprised we don't have a SWAT team of lawyers in adult just for this purpose. The mainstream studios have legal departments that do this sort of thing all the time.
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Old 06-17-2009, 01:44 AM   #39
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wootpr0n,

Thanks for contributing, but you have it all wrong.... The lawsuit over RedTube IS NOT ME.

Somebody above asked a general question about it and I just gave a link so they could read.

That suit isn't me, so your comment about me being a crybaby is misdirected.

Jimmy
Sorry, I know that it wasn't you. I just didn't use proper grammar.
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Old 06-17-2009, 01:45 AM   #40
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Got your little panties in a knot there, has he wootprOn?
Yes, I'm still wearing your moms panties from last night.

But anybody with half a brain would realize that this kind of thing would have a massive chilling effect on anybody with a business.
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Old 06-17-2009, 01:46 AM   #41
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Just in case anybody is interested. One of the persons has already agreed to a settlement. Here is a couple of paragraphs from the agreement being finalized today.
-----------------------------------------------------------------------------------
"You pay the entire sum of $24,632.00 no later than the 24th day of June, 2009

That payment is made in this method: One cashiers check payable to James S. Grady in the amount of $10,000.00. A second cashiers check made payable to Don Michael Photography in the amount of $10,000.00. A third cashiers check made payable to Victory Junction Gang Camp (my favorite charity) in the amount of $4632.00."

-----------------------------------------------------------------------------------
The odd amount is based on average judgments in Federal Court within the last 2 years.

One down, 7 to go.
Nobody said this yet, so I will.

Pics or it didn't happen!
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Old 06-17-2009, 05:49 PM   #42
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Nobody said this yet, so I will.

Pics or it didn't happen!

Agreed -- as soon as some paperwork flies back and forth for signature, I'll scan a copy.

If I forget -- somebody email me at [email protected]
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Old 06-17-2009, 05:53 PM   #43
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another melt down hahahaha!!!
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Old 07-01-2009, 04:01 PM   #44
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Nobody said this yet, so I will.

Pics or it didn't happen!
The first settlement is in and done. Slight negotiation -- leaving the guy a bit of money.

Second settlement is done too. Read about it all here:

http://wp-board.com/beard/


Jimmy
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Old 07-01-2009, 04:43 PM   #45
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The first settlement is in and done. Slight negotiation -- leaving the guy a bit of money.

Second settlement is done too. Read about it all here:

http://wp-board.com/beard/


Jimmy
Congrats. This was an interesting thread so far, looking forward to the other updates.
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Old 07-01-2009, 05:06 PM   #46
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The first settlement is in and done. Slight negotiation -- leaving the guy a bit of money.

Second settlement is done too. Read about it all here:

http://wp-board.com/beard/


Jimmy
Damn, nice work!
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Old 07-01-2009, 06:33 PM   #47
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Nice work Jimmy!
Nail 'em down!
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Old 07-01-2009, 08:24 PM   #48
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Fuck Jimmy .. your a rock star ! .. as a producer and program owner I would like to thank you on behalf of myself and my business partners .. you are exactly what this industry needs ....
Thank you.
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Old 07-02-2009, 12:09 AM   #49
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It took a HUGE pair of balls I'll give him that.
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Old 07-02-2009, 12:14 AM   #50
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you can't compete so you find some reason to sue them.
Um. Yeah. Right.

So I guess corporate America/EU is a bunch of cry babies when they sue over unfair trade practices on the international market(s).

Online is no different then the real world. Same business laws apply.
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