Let's play the what if game.. XclusiveCash vs NATS

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  • jact
    Confirmed User
    • Sep 2002
    • 9134

    #1

    Let's play the what if game.. XclusiveCash vs NATS

    Let's say for a second that XclusiveCash wins the $5M settlement from TMM, would TMM be in a financial position to continue their business? If not, what would happen to NATS? All the programs that run NATS?

    I'm not saying either way if they have a case or not, I'm simply curious what if...
    Free agent
  • Tempest
    Too lazy to set a custom title
    • May 2004
    • 10217

    #2
    The best defense is a good offense... If I was NATs I'd be tempted to bring some suits against Xclusive just for the hell of it.

    Comment

    • Bruce_Miller
      Confirmed User
      • Mar 2004
      • 783

      #3
      let's play the... "I won't touch that with a 10' pole"

      Comment

      • Bruce_Miller
        Confirmed User
        • Mar 2004
        • 783

        #4
        let's play the... "I won't touch that with a 10' pole"

        Comment

        • DirtyJ_ExtendedMarketing
          Confirmed User
          • Nov 2003
          • 375

          #5
          Not that I know what Im talking about, but I believe if there wasnt a clause in the contract saying they could do what they did, TMM is fucked.. and everyone who is running nats should start working on their backup system...
          High Quality Domains for Sale - No Reserve Prices - Many ANY Offer
          Part vampire, Part warrior, Carnivore and voyeur

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          • Doctor Dre
            Too lazy to set a custom title
            • Jan 2001
            • 51692

            #6
            I somehow doubt the suit will go anywhere.
            Originally posted by rayadp05
            I rebooted, deleted temp files, history, cookies and everything...still cannot view the news clip. All I see is that fucking gay ass music video from "Rick Roll". Anyone else have a different link to the news clip?

            Comment

            • Biggy
              Confirmed User
              • Jul 2001
              • 1595

              #7
              Originally posted by Doctor Dre
              I somehow doubt the suit will go anywhere.
              yeah, i expect it to get thrown out in court. i read thru a lot of the complaint. truth is the best defense. nats said there was a discrepancy, and they were met with resistance and profanity and that they terminated their license. they said nothing more.
              Last edited by Biggy; 08-24-2006, 05:58 PM.

              Comment

              • KrisKross
                Confirmed User
                • Jan 2006
                • 5025

                #8
                They're suing for $5 mil? Talk about exorbitant. Does the program even pull in $1 mil a year from affiliates? I'd be surprised.

                Anyone who has spent a couple of months on GFY knows that defamation of character is worthless around here. Take a look at Ramos and Rinaldo for proof. Hell, Gary and Grimshawn could start posting here again and most people wouldn't even know who they were, let alone care about what they did.

                Comment

                • studiocritic
                  Confirmed User
                  • Jun 2005
                  • 2442

                  #9
                  Originally posted by Doctor Dre
                  I somehow doubt the suit will go anywhere.
                  The thread is still interesting..

                  Originally posted by Quick Buck
                  We personally purchased non expiring licenses for a sizable, one time upfront sum because we didn't want to deal with licensing headaches and knew we'd be around long enough to make it worth it.

                  Weren't we suprised when suddenly our admin stopped working cause... suprise suprise, it wasnt really a perpetual license but a 3 month license that we had to "request" be updated every 3 months.
                  Doesn't this mean if NATS folds.. even people who paid for permanent licenses would still be SOL within 90 days? (Assuming QB's account is accurate)
                  254342256

                  Comment

                  • Miguel T
                    ♦ Web Developer ♦
                    • May 2005
                    • 12470

                    #10
                    Shit, $5mil is alot of money... They're fucked up!

                    Full Stack Webdeveloper: HTML5/CSS3, jQuery, AJAX, ElevatedX, NATS, MechBunny, Wordpress

                    Comment

                    • mailman
                      Confirmed User
                      • Mar 2001
                      • 6311

                      #11
                      I still cant belive people seem to belive XC. I mean I could be wrong but Nats is a much larger program out of the 2 and they have NOTHING to gain by going after XC so why go after them unless there was a discrepancy?

                      XC stays quiet and trys to exploit the situation and walk away with 5 million?

                      Comment

                      • studiocritic
                        Confirmed User
                        • Jun 2005
                        • 2442

                        #12
                        bump?
                        254342256

                        Comment

                        • marketsmart
                          HOMICIDAL TROLL KILLER
                          • Dec 2004
                          • 20419

                          #13
                          i think its too early to speak without concrete facts. the only facts so far are that NR is sueing and that nats terminated their account. anything else is only speculation imo...

                          Comment

                          • Adult Warden
                            So Fucking Banned
                            • Jul 2006
                            • 1822

                            #14
                            I don't see the lawsuit going anywhere

                            NATS has more to loose then XC...why would NATS put themselfs at risk without legal counsel...anyone who knows John knows he isn't stupid...

                            Good luck to XC...they are going to need it...

                            Comment

                            • DateDoc
                              Outside looking in.
                              • Feb 2005
                              • 14243

                              #15
                              Originally posted by mailman
                              I still cant belive people seem to belive XC. I mean I could be wrong but Nats is a much larger program out of the 2 and they have NOTHING to gain by going after XC so why go after them unless there was a discrepancy?

                              XC stays quiet and trys to exploit the situation and walk away with 5 million?
                              If someone does something to you that you think causes you or your business harm and you think you may end up suing them keep quiet and let your atty speak for you. XC has done everything their atty could have hoped for by keeping their mouth shut.
                              Last edited by DateDoc; 08-24-2006, 07:38 PM.

                              Comment

                              • spacedog
                                Yes that IS me. Bitch.
                                • Nov 2001
                                • 14149

                                #16
                                Originally posted by Adult Warden
                                I don't see the lawsuit going anywhere

                                NATS has more to loose then XC...why would NATS put themselfs at risk without legal counsel...anyone who knows John knows he isn't stupid...

                                Good luck to XC...they are going to need it...
                                No, but he is one mouthy fucking sonofabitch & this time his cocky attitude got him in trouble.

                                Comment

                                • JMM
                                  Confirmed User
                                  • Apr 2001
                                  • 1755

                                  #17
                                  In my opinion, I believe that the suit is without merit.

                                  That being said...

                                  I have known Tucker for a long time, I don't see him as being dishonest, not for a second.

                                  That being said...

                                  I don't believe Tucker was involved in the day to day operation of the program. I could be wrong, but I don't think I am. If there WAS dishonesty, I would bet that Tucker was not involved.

                                  As to the NATS issue, I recall a conversation I had with NATS before we started using their software and I specifically asked, what happens if you go out of business? The answer as I recall was that a copy of the source code and a lifetime permanent license was on file with their attorney and that should that happen, all current licensees would receive them.

                                  My memory could be wrong, but I am pretty sure that it is not.

                                  Did I protect myself enough with my wording in this post?

                                  Comment

                                  • dissipate
                                    The Dirty Frenchman
                                    • Nov 2005
                                    • 8904

                                    #18
                                    The truth is nothing is going to happen. John posted factual information, the plaintiff is fucked.

                                    Comment

                                    • Quick Buck
                                      Confirmed User
                                      • Feb 2006
                                      • 1026

                                      #19
                                      Originally posted by mailman
                                      I mean I could be wrong but Nats is a much larger program out of the 2 and they have NOTHING to gain by going after XC so why go after them unless there was a discrepancy?

                                      simple... ego.
                                      $50 FREE TRIALS! Every Day til 2008!!!
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                                      Comment

                                      • Quick Buck
                                        Confirmed User
                                        • Feb 2006
                                        • 1026

                                        #20
                                        Originally posted by JMM
                                        As to the NATS issue, I recall a conversation I had with NATS before we started using their software and I specifically asked, what happens if you go out of business? The answer as I recall was that a copy of the source code and a lifetime permanent license was on file with their attorney and that should that happen, all current licensees would receive them.
                                        Is it in the contract?
                                        $50 FREE TRIALS! Every Day til 2008!!!
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                                        Comment

                                        • Quick Buck
                                          Confirmed User
                                          • Feb 2006
                                          • 1026

                                          #21
                                          Originally posted by Adult Warden
                                          NATS has more to loose then XC...why would NATS put themselfs at risk without legal counsel...anyone who knows John knows he isn't stupid...
                                          stupid no. ego.. yes. better people have let their ego ruin things.

                                          i wouldnt be so quick to assume that everything he posts was reviewed by a lawyer... or that a lawyer ever gave them any advice at all about their product or contracts.
                                          $50 FREE TRIALS! Every Day til 2008!!!
                                          Only at QuickBuck

                                          Comment

                                          • JMM
                                            Confirmed User
                                            • Apr 2001
                                            • 1755

                                            #22
                                            Originally posted by Quick Buck
                                            Is it in the contract?
                                            Don't know. This was a verbal conversation.

                                            All our non-essential paperwork is still in storage, have to dig it out.

                                            Comment

                                            • jact
                                              Confirmed User
                                              • Sep 2002
                                              • 9134

                                              #23
                                              Originally posted by marketsmart
                                              i think its too early to speak without concrete facts. the only facts so far are that NR is sueing and that nats terminated their account. anything else is only speculation imo...
                                              Nobody's asking about facts, we're playing what if. I'm just curious what people think about this possible outcome. I personally wish it had been able to have been solved before the post was ever made.
                                              Free agent

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                                              • marketsmart
                                                HOMICIDAL TROLL KILLER
                                                • Dec 2004
                                                • 20419

                                                #24
                                                Originally posted by jact
                                                Nobody's asking about facts, we're playing what if. I'm just curious what people think about this possible outcome. I personally wish it had been able to have been solved before the post was ever made.
                                                ok then heres a what if...

                                                if it was shaving, then NR is fucked

                                                if it was due to an error on NATS system or via processor, then NATS is fucked

                                                there is also another possability that i wont go into that no one has mentioned yet...

                                                Comment

                                                • PMdave
                                                  Confirmed User
                                                  • Dec 2003
                                                  • 1517

                                                  #25
                                                  If xc wins NATS programs are fucked unless they have a back-up in place. The sourcecode being with their att. is probably worth nothing. Programs that have a programmer on their payroll that understands the source and knows how to install it will probably using a custom script.
                                                  In that case 90% of the NATS program owner probably got what they deserved as they were flowing with the "we use nats thus cannot shave"-flow TMM created instead of building a solod reputation. TMM got their spin to the point that if you werent't using them you were most lightly shaving in the eyes of a large percentage of webmasters.

                                                  In case xc looses... well what do they have to loose at this point?

                                                  Comment

                                                  • Scootermuze
                                                    Confirmed User
                                                    • Dec 2001
                                                    • 4513

                                                    #26
                                                    Originally posted by KrisKross
                                                    ........
                                                    Anyone who has spent a couple of months on GFY knows that defamation of character is worthless around here. .....
                                                    Unless they file a defamation or libel suit... It's just that nobody pursues such..
                                                    til now...
                                                    But I think that issue was just something to add to the case to give it more credance.. Lawyers like to stack issues; knowing some may be thrown out, while others may me accepted..

                                                    Comment

                                                    • WiredGuy
                                                      Pounding Googlebot
                                                      • Aug 2002
                                                      • 34515

                                                      #27
                                                      As I understood it, NATS did make a posting ages ago saying that the source code would be entrusted to their lawfirm in such a case. As to what would happen from there, I have no clue. I doubt the lawfirm would have a clue either.
                                                      WG
                                                      I play with Google.

                                                      Comment

                                                      • Pete-KT
                                                        Workin With The Devil
                                                        • Oct 2004
                                                        • 51532

                                                        #28
                                                        Originally posted by WiredGuy
                                                        As I understood it, NATS did make a posting ages ago saying that the source code would be entrusted to their lawfirm in such a case. As to what would happen from there, I have no clue. I doubt the lawfirm would have a clue either.
                                                        WG
                                                        that is correct, i have talked to charlie about this, If something were to happen to nats, every program running it would get the full un-encrypted and no license version of nats to use on there end

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