Thought for the day . . .

[Phil]

Don't do stupid stuff on the innerweb, lest ye get sued in federal court.

http://downloads.newsok.com/documents/y14complaintex.pdf

[OULenexaman]

and so the 1st bomb has been dropped....bigger ones to follow I'm sure...

[CatfishSooner]

looks serious...

[Bone]

I hope the idiot loses. Damn message board users.

[Bone]

:eek:

[OKLA21FAN]

this won't turn out well


not even with pics

[soonerfan28]

I like this guy. He seems to know what he's talking about when he said star sophmore and promising freshman.

[TexasLidig8r]

Damages are going to be very problematic to prove on this one..and.. the document requests going out to plaintiffs should be extensive.. all documents evidencing damages, documents pertaining to your readership before AND after the article... P & L statements....

Oh. .the delicious grist for the litigation mill.

Let the fun (and billable hours) commence.

(Hey Phil.. if Defendants retain me, wanna be my local counsel on this one?) :D

[imjebus]

Damages are going to be very problematic to prove on this one..and.. the document requests going out to plaintiffs should be extensive.. all documents evidencing damages, documents pertaining to your readership before AND after the article... P & L statements....

Oh. .the delicious grist for the litigation mill.

Let the fun (and billable hours) commence.

(Hey Phil.. if Defendants retain me, wanna be my local counsel on this one?) :D


God all your post is missing is some devil horns and an evil grin, freaking lawyers....;)

[TexasLidig8r]

God all your post is missing is some devil horns and an evil grin, freaking lawyers....;)

http://ecx.images-amazon.com/images/I/515U%2BmbzyKL._SL500_AA240_.jpg

[bringit]

So Phil, what's your best guess on what will happen here?

[olevetonahill]

So Phil, what's your best guess on what will happen here?

My best Guess is that Some attorneys are gonna Make the Big Bucks

[SoonerStormchaser]

THat dude's ****ed!

[birddog]

my sphincter would have puckered the minute i knew the big dogs were going to get involved.

[Dan Thompson]

Did I read it correctly, its a Federal Case?

[TexasLidig8r]

Did I read it correctly, its a Federal Case?

That simply means it was filed in federal court instead of state court.

1). because there's diversity of citizenship, i.e., the plaintiffs are Okies, the defendant currently resides in Texas, and it is expected the amount in controversy exceeds $75K, and

2). there's an alleged violation of a federal statute. Although state causes of action have been alleged as well, the fed court will in all likelihood exercise ancillary jurisdiction over those as well.

If I were Defendant's mouth piece, I would file an answer and move to have the case transferred to the fed court in Austin.

(I have a feeling this case goes away quietly)

[Phil]

(Hey Phil.. if Defendants retain me, wanna be my local counsel on this one?) :D

Negative, Ghost Rider.

[Phil]

So Phil, what's your best guess on what will happen here?

Oh, I'd think they will probably get their pound of flesh in the form of copious and humiliating apologies. I don't know that they're out to ruin the guy's life. That said, they do have a colorable claim. Damages, as Lid said, will be a problem, since beyond day one, nobody thought it was real.

[badger]

Well, for those that missed the actual article, it's Exhibit A.

And yes, the booster comments at the bottom gives a reasonable reader the assumption that it is a fake.

Texas radio sports jockeys are not reasonable readers, apparently.

Man, Texas is succ. :D

[KantoSooner]

How about a 'creative' solution in which plaintiffs agree to drop the case and defendant has to agree to not go on line for five years and not attend or discuss football for the same period. Seems like a fitting, if cruel, punishment.

[StoopTroup]

I think it's just as deplorable to say something like "I've got deep enough pockets to do it!"

I think that statement hurt his case.

Folks with money who threaten guys on message boards will do more damage than Berry Tramel dreamed of doing.

IMO.

[47straight]

Phil and Lid, with many more years in the bar than me, talking about how to find damages?


Copyright infringement --> statutory damages! You can thank Disney and its lobbyists. I forget all the multipliers, but a single act can rack up ~10k. I don't know if you can then count everytime it was accessed as a separate an act of copying.

Anyways, it's a start.