Megaupload Targeted In Multi Million Dollar Lawsuit By Perfect 10
 

Interesting for some I guess :)


source: http://torrentfreak.com/megaupload-m...awsuit-110202/

What's this now? Norm's 20th bite at the apple?

I guess he gave up on chasing Rapidshare and Google after those were thrown out.
:disgust

Luckily I just use FIleserve and Oron! J/k ;)

It will be interesting to see how this plays out.

lol this guy keeps trying and failing.

listen to the tide slowly turning



from the ashes we can build another day

Bump for update on this case... and no doubt to the surprise of many who have followed Perfect 10's past litigation efforts, it involves good news for Norm. ;-)

The court has declined Megaupload's motion to dismiss for the most part, dismissing (without prejudice) P10's vicarious infringement, trademark infringement and right of publicity claims, but allowing the case to proceed with respect to P10's claims of direct infringement, contributory infringement, trademark dilution and unfair competition claims.

This doesn't mean, of course, that Megaupload will eventually be held liable on the claims that were not dismissed, but there are portions of this ruling that suggest the court is perhaps not too impressed with some of Megaupload's arguments, in light of its business model and its conduct related to that business model.

Like this bit, for instance:

It will be interesting to see how the case finally plays out, that's for sure.

Wait Rapidshare won the previous one? Damn. Is it still being fought on appeal?

And let's not forget the CCBill case where they lost there too.

When he wins one, the proceeds go towards 10 more of the like, plus one token car he can drive to remind him that he is a winner.

Sounds like a wonderful side-business to me!

Congrats to the winners. (lawyers)

he was doing this over 10 years ago too.

anyone notice that gideon isn't in here crowing about this? megaupload is very likely to get a serious ass fucking in this case.

In fairness to P10, let's also not forget that in at least one case (P10 v. VISA), they were effectively cut off at the knees by the court and not permitted to take the case to trial, despite seeming to have a fairly strong case.

A district court dismissed that case, at which point it was kicked up to the 9th circuit court of appeals. A panel of judges upheld that decision in a 2-1 vote.

According to the dissenting judge on the appellate panel (Alex Kozinski, who is also the chief judge of the 9th), the other two members of the panel engaged in some pretty questionable interpretative gymnastics in order to avoid reversing the district court's dismissal of the case.

Here's how Kozinski summed up his dissent:

Anybody who is interested in hearing more can read the opinion and come to their own conclusions. For what it is worth (which, admittedly, ain't much) I find Kozinski's analysis the more persuasive of the two.

This isn't to say that P10 necessarily would have prevailed in its case against VISA and the other defendants involved; just that I agree with Kozinski that P10 had established a case that was sufficiently strong to proceed, and the court should have granted P10 the opportunity to take it to trial.

In other words, at least one of Norm's previous "bites at the apple" might have been improperly interrupted before he actually had the chance to sink his teeth in. ;-)

Rapidshare got off the hook mainly because they dropped their rewards program (which resulted in a massive drop in traffic). Megaupload's rewards program is still running, and their chances of getting assfucked in the courtroom are much higher.

dident even know Megaupload was still around lol

while norm and P10 may be a bit over zealous with their lawsuits, it saddens me that they don't appear to be making much progress in their lawsuits. kinda depressing as a shooter :(