Facebook VS Faceporn - Case dismissed!

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  • nextri
    Confirmed User
    • May 2004
    • 1661
    #1

    Facebook VS Faceporn - Case dismissed!

    Justice has prevailed..
    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..
    DivaTraffic - Traffic for Models
    Tags: None
    • BIGTYMER
      Junior Achiever
      • Nov 2004
      • 17066
      #2
      Congrats!

      David v. Goliath

        Comment

        • B.Barnato
          So Fucking Banned
          • Nov 2010
          • 3618
          #3
          Congrats indeed!

            Comment

            • Brent 3dSexCash
              Octopus Anime
              • Sep 2007
              • 1064
              #4
              love the ending.

              "IT IS SO ORDERED"

                Comment

                • TheSquealer
                  Mayor of Thneedville
                  • Oct 2004
                  • 26172
                  #5
                  hahahaha "won"

                  Facebook won. They made him defend himself in court.
                  .
                  Yes, fewer illegal immigrants working equates to more job opportunities for American citizens.

                  Rochard

                    Comment

                    • V_RocKs
                      Damn Right I Kiss Ass!
                      • Nov 2003
                      • 32447
                      #6
                      Didn't win anything yet... They will retry in the correct court.

                        Comment

                        • ClickCastX
                          X10 Revenue
                          • Jul 2011
                          • 405
                          #7
                          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.

                          https://www.x10revenue.com
                          [email protected]
                          skype: vod.support

                            Comment

                            • L-Pink
                              working on my tan
                              • Mar 2005
                              • 39151
                              #8
                              Originally posted by V_RocKs
                              Didn't win anything yet... They will retry in the correct court.
                              And the attorney fees mount ...

                              .

                                Comment

                                • nextri
                                  Confirmed User
                                  • May 2004
                                  • 1661
                                  #9
                                  Originally posted by V_RocKs
                                  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.
                                  DivaTraffic - Traffic for Models

                                    Comment

                                    • $5 submissions
                                      I help you SUCCEED
                                      • Nov 2003
                                      • 32195
                                      #10
                                      Originally posted by nextri
                                      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"
                                      Last edited by $5 submissions; 03-04-2012, 05:47 PM.

                                        Comment

                                        • wdsguy
                                          Ryde or Die
                                          • Dec 2002
                                          • 19568
                                          #11
                                          How much did you spend on legal fees?

                                            Comment

                                            • KillerK
                                              Confirmed User
                                              • May 2008
                                              • 3406
                                              #12
                                              Grats man, fuck these idiots who think you lost.

                                                Comment

                                                • Phillipmcd1
                                                  Confirmed User
                                                  • Oct 2010
                                                  • 665
                                                  #13
                                                  Originally posted by wdsguy
                                                  How much did you spend on legal fees?
                                                  I'm predicting he'll say $40k

                                                    Comment

                                                    • nextri
                                                      Confirmed User
                                                      • May 2004
                                                      • 1661
                                                      #14
                                                      Originally posted by Phillipmcd1
                                                      I'm predicting he'll say $40k
                                                      bingo
                                                      DivaTraffic - Traffic for Models

                                                        Comment

                                                        • nextri
                                                          Confirmed User
                                                          • May 2004
                                                          • 1661
                                                          #15
                                                          Originally posted by TheSquealer
                                                          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.
                                                          DivaTraffic - Traffic for Models

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