SleazyDream

So I was thinking, 40,000,000 lawsuit, big lawyers, big expense, huge time, yada yada yada.

What about small claims court. Limits vary from area to area but suing for say $10,000 in losses and unpaid fees to use a particular content set isn't unreasonable to pitch to a judge. You can get a Judgement WITHOUT a lawyer and associated legal fees and garnish assets if they don't pay it, assets like homes, cars, bank accounts, etc.

Here's where it gets interesting. Every theft is a lawsuit, could be hundreds from many areas and then judgements could all be enforced.

Less cost for smaller sites to fight back

thoughts..

If done right sites like tubes that steal content could be crippled by it, and small claims is WAY faster!!!!

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GAMEFINEST

take it to judge judy

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Compound interest.

theking

If I am not mistaken...and I may be...the offender would have to be located in the State that you are filing in. In addition collecting is not a simple matter and one has to pay those costs out of pocket...and may even involve having to hire a private investigator. But your idea is a solution of sorts.

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SleazyDream

I don't know us law but in Canada offense is tried where offense occured. Theft occured from my business here?

Collection can mea. Seizing assets, which could be the URL of the tube....

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SleazyDream

I know you're an idiot, you don't have to tell me.

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Phil

small claims court won't work. All you can do is hire collection agency after and all they can do is call up the guy and ask to up. They cant go after his property.

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SleazyDream

In Canada with a judgement from small claims u can seize assets, raid bank accounts, etc. It's a legal judgement.

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theking

That is not true. One can garnish wages...attach bank accounts...property etc. but one has to locate such things and then go through the legal process to accomplish such things and this takes effort and money to accomplish. In the case of property all one can do is attach it...but you cannot collect unless or until the person sells the property.

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Phil

not in the us.

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SleazyDream

The URL is an asset. Hit em where it hurts.

I find it hard to beleive small claims in the USA isn't enforceable? It is a legal judgement from a court of law with a real judge.

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theking

You are wrong.

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tony286

You are mistaken yes you can. You win a judgement its a judgement that you can enforce.

peeperpimp

Just because you dont have to bring an attorney to small claims doesnt mean the other party wont.

Trust that their attorney(s) will show up. and eat you alive. (they love snacks)

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Phil

yes it is. Just winning small slaims doesnt meat a thing. You would have to file request of what you want to attach to lien which he can dispute, they ca file for change of venue etc... not that easy..

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theking

It is enforceable...but at your time and expense...not the court that issued the judgement. One can use the judgement to enforce it...but there are legal hoops to jump through...but the biggest expense involed is the hiring of an investigator if one has to in order to locate assests. I do not know if the domain name would have much value to you other than the satisfaction of having the person to buy another domain name.

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Phil

read my post above. Initial small claims court hearing and default judgment wins you nothing unless you deal with total chumps. I don’t thing Brazzers fit that category..

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theking

One usually cannot have an attorney represent one in a small claims court. One can have one present but they are not allowed to speak.

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stickyfingerz

Yes in the U.S. you sure can. With a legal judgement you can get a garnishment set on bank accounts, and even on paychecks.

Phil

No you dont. You will have to RTAO to go after assests. Trust me.

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theking

Apparently you did not read my post.

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Phil

Jesus fucking christ. I went to law school for 2 1/2 years, I know what Im talking about.

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peeperpimp

Yes you are corrrect, but theres nothing stopping their clients from consulting with them before said client opens their mouth. So the attorney(s) can tell the client exactly how to respond.

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Phil

sorry, my bad.

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SleazyDream

actually, judges in small claims usually DON'T like attorneys, esp if you appear to be honest.

also what is 20 or 30 people all sue at once - in different states and countries.....

all seperate legitimate small claims lawsuits

and here's the thing, even if their lawyer DOES show up, in Canada here if you loose you're only responsible for $100 in fees. they could get buried in legal fees really quickly and cripple them

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theking

Before court but not during court proceedings.

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SleazyDream

i've done this in Canada multi province and it IS that easy. I used a lawyer to help collect, but we drained a bank account of a debter in another province. Just required a couple forms to be signed....

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SleazyDream

imagine obtaining a large tube and ALL it's traffic for a $10,000 judgement......

cost to do it - a few hundred to a few thousand dollars...


the point is STOPPING THEM - people get caught up in the 'millions' and get greedy - the point of suing them is to STOP them - shut them down - not to get money from them.

a micro approach from multiple sources could be ONGOING with EVERY offense.

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wargames

I like this idea

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Phil

Sleazy, I don’t know how its in Canada but here attorney can file motion for “change of venue” and you will have to fly your ass to some place called Poland Springs, Maine with population of 150, for every court meeting. And there can be MAAAANY of those to fly to…

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SleazyDream

actually unless they appeal within 30 days it's enforceable.

do you own a tube?

what's the url?

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theking

How did you locate the bank account? This is often where a private investigator must be hired...to locate job...bank account and property/assets.

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SleazyDream

obviously you failed - as law school is longer than 2 1/2 years.

i'm thinking you sound scared and own a tube doing illegial content or have a stake in one..


I can smell fear

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SleazyDream

or affiliate accounts

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theking

That you will not obtain through a small claims court...no way...but dream on.

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peeperpimp

I never said the attorney had to be inside the court room. The judge really doesn't have to even see the attorney in order for the attorney todo his thing.

Reality is an attorney can prepare a case for the defence that the client can present himself in court, and anything an attorney can prepare as far as legalities is no match for the average Joe...

As far as the rest of your post i.e. mass lawsuits by differrent parties across the US, well that just might work.

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SleazyDream

here they can speak and plead the case, you're allowed to have someone else represent you, even if you're not there


but imagine the cost to the tube stealing your content to FLY a lawyer out every time they steal from you - or retain one locally.

nothing hurts like legal costs and a few small claims lawsuits and they won't be touching your content anymore......

cost to you - depending on area - $50. cost to them using a lawyer out of state or country - THOUSANDS - per occurance!!!!!

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Zuzana Designs

Do you think we will ever see an end to the tubes? This is what has evolved in this business. Porn is Free now, no matter what. User uploaded is hard to track as we all know. You can ask the owner of the tubes to take it down and they may. But it will be back in due time. What can we do to fight it? Start a legal tube, give away 5 min clips, try to salvage what has been trashed. The courts don’t care about porn. It's all bad in their eyes. We need to evolve and protect our content as best we can. We can all cry and watch it be destroyed. Lets pull together as a community and do what we can to protect our content. I’m not sure how to do that. But there has to be a way right?

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SleazyDream

oh god - this is sooo easy - all i have to do is have my secretary represent me. cost is $500 to anywhere...

the cost to the tube is THOUSANDS for the lawyer.

and that's the point - cripeling them


i'm really smelling fear on you. you must have some tube assets... time to do some digging on you..

this will be fun

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Phil

Oh Sleezy, I didn’t fail, I just quit when I foud out whats waiting for me. I was shooting for Corporate Law, but then I saw what people like me do after graduation for next 10 years besides filling up coffee pots and running copy machine business.. Instead I took 80K expat job I SE Asia with oil company and left the law program. Thank god for that Business Information System undergrad degree I had.. Maybe if I went to Harward law it would have been different, but I just did it in Texas at SMU.

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SleazyDream

had inside info... but a supena of an affilate account might lead to assets....

money isn't the point - the asset that's worth ALL the gold is the URL.

get the url - problem solved.

go after the url, even if you loose - and keep going after it -then me betting they magically won't have any 'user uploaded content' on their site of yours anymore

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SleazyDream

actually, here in canada you can lean it and then force the sale of the asset if the account is unpaid.

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Phil

I own 8tube and another big one.. make sure you file charges in Collin county, not Dallas. Lets do it sleezy. You da man! Fly your secretary. is she hot?

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SleazyDream

webmasters arnt' average joe's

i've beaten MANY attorneys.

actually most arn't that bright in my opinion. some are, most arn't and are only concerned with billing.... thus my point - CRIPPLE them with legal fees.

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SleazyDream

i see nothing wrong with tubes. it's the stealing of content i take issue with.

that's what this thread is really about.

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SleazyDream

1/2 a year left and you dropped out? I don't think so.

keep telling yourself that though.

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Phil

"oh here in Canada"... sue the shit of Brazzers then. They are Canadian who gives a fuck whats inn canada if you're asking about US?
Did you annexed the US in some war we don’t know about? Did you charge us on lake Huron with your fishing boat/Canadian Navy armada and we surrendered? I smell “mr stupid” here.

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SleazyDream

i havn't had any of my content stolen to my knowledge, so I have nothing personal against braizzers.

someone steals from me, I sue. I'm just throwing ideas out for friends of mine who HAVE had content stolen.

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tony286

http://www.legalzoom.com/legal-artic...-judgment.html

How to Get Your Money

If your debtor is unwilling to pay and you know they have the means, it's time to use your local sheriff. You have three options to collect: a bank levy, wage garnishment, or a real estate lien.

First, you must obtain proof from your small claims court that you have the right to collect. While the name of the court-issued document varies, it is typically called a writ of execution, writ of garnishment, or writ of attachment. Once you have your writ, give it to your local sheriff with instructions on your collection method. Your sheriff will serve papers on the appropriate institution and collect from your debtor.

Seizing money from your debtor's bank accounts is called a bank levy. For this, you need the name of the bank, the account number and the exact name on the account. If the cause of your suit was a business transaction, you may have this information on a credit application. Debtor laws exempt certain accounts from collection. Those include wages, retirement funds and public funds (social security, unemployment). The issue can get even more complicated if the account is joint or shared.

The next method to consider is a real estate lien. If the debtor has property, you can claim part of its value. You can create a lien by registering your judgment with the land records office in the county where the debtor owns real estate. A lien requires patience. You won't get any money until the property is sold or transferred since you will be paid from those proceeds. However, if the owner sells the property, you can collect the judgment, plus post-judgment costs and interests. It should be noted that some states limit the amount that can be collected on a real estate lien.

The third and easiest way to collect is wage garnishment. If the debtor has a job, you can collect up to 25% of his or her wages until the judgment is paid. Give your sheriff or other local official (known as a levying officer) information about the judgment and where the debtor works. This officer will collect the money and give it to you. There are restrictions, however. If the person can prove the money is being used for basic support, you can't garnish his or her wages. The same goes if they are already subject to another garnishment, are a federal or military employee or are on public support.

Phil

Its 4+ years for work-and-study students… Please tell me “Oh but in Canada…”… I do give 3 shits about how its in “Eh Canada”…

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SleazyDream

CAMOKAT I think it's pretty clear to see why they threw you out of law school from your responses

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