Quote:
Originally Posted by TheDoc
Don't get me wrong, this would be a great thing for the industry.
But you guys seem to underestimate this.. It's about $200k just to step into court with that many people, then about that again if we are lucky in lawyer fees. That assumes this won't go on for years and years. We also have to prove how they hurt our bottom line, what content they are advertising next too, and the estimations of loss. Oh yeah, and prove they earn an income, didn't close the account down, ect.. Lets not forget about the few years of focus that will be required for this, for every person that accuses them.
This wouldn't be a court case, these companies would eat us alive and no lawyer with a single cell brain would take this on as a project. If you could even get together 500k-1m from this industry, just look at acacia and who had to fight, the rest just sat back and watch as it STILL goes on.
Don't get me wrong, this would be a great fight... A great victory for our industry. It would be much easier to Mafia these assholes, save a lot of time and money.
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You are wrong.
First, the association would be filing suit, not each individual person.
Secondly, depending on how things are structured, many damages are statutory, written into the law. You don't have to prove that you lost a nickel or that they made a nickel.
Third, again based on structure, there are such things as temporary injunctions, TRO's, etc.
Fourth, there is the almighty DMCA notice.
Fifth, sixth, seventh, eighth, ninth, etc, etc, etc, there is so much that you are not taking into consideration.
I am one of the people who did not settle with Acacia and chose to fight. I am proud to be an Acacia defendant but I will be even prouder to be a plaintiff in these matters.