GoFuckYourself.com - Adult Webmaster Forum

GoFuckYourself.com - Adult Webmaster Forum (https://gfy.com/index.php)
-   Fucking Around & Business Discussion (https://gfy.com/forumdisplay.php?f=26)
-   -   Facebook VS Faceporn - Case dismissed! (https://gfy.com/showthread.php?t=1059949)

nextri 03-04-2012 07:17 PM

Facebook VS Faceporn - Case dismissed!
 
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 (Post 18802860)
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 (Post 18802860)
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 (Post 18802841)
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 (Post 18802985)
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 (Post 18803029)
I'm predicting he'll say $40k

bingo :)

nextri 03-05-2012 03:50 AM

Quote:

Originally Posted by TheSquealer (Post 18802856)
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

  1. US Courts have no jurisdiction of Norwegian AS businesses.
  2. Facebook has a very weak trademark infringement case IMHO
  3. 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] (Post 18803790)
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 (Post 18802863)
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 (Post 18803926)
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 (Post 18803559)
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 (Post 18803559)
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 (Post 19099454)
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 (Post 19099634)

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

sperbonzo 08-02-2012 07:53 AM

Quote:

Originally Posted by TheSquealer (Post 18802856)
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.






.:2 cents:

2012 08-02-2012 08:05 AM

Quote:

Originally Posted by Brent 3dSexCash (Post 18802853)
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:


All times are GMT -7. The time now is 10:40 AM.

Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2025, vBulletin Solutions, Inc.
©2000-, AI Media Network Inc