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
                  • 26173
                  #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
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                            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

                                                            Comment

                                                            • SNRProductions
                                                              President SNRProductions
                                                              • Jul 2006
                                                              • 703
                                                              #16
                                                              Congrats...takes balls to hang in there and fight back.

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                                                                Comment

                                                                • DateDoc
                                                                  Outside looking in.
                                                                  • Feb 2005
                                                                  • 14243
                                                                  #17
                                                                  Congrats!

                                                                    Comment

                                                                    • OY
                                                                      Industry Pioneer
                                                                      • Oct 2002
                                                                      • 5401
                                                                      #18
                                                                      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.
                                                                      Around since 1997, and the company that introduced "Cascading Billing" in MPA3® Affiliate Management and Tracking Software

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                                                                        Comment

                                                                        • Fletch XXX
                                                                          GFY HALL OF FAME DAMMIT!!!
                                                                          • Jan 2002
                                                                          • 60840
                                                                          #19
                                                                          im about to register googleporn.com now! ;)

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                                                                            Comment

                                                                            • Barry-xlovecam
                                                                              It's 42
                                                                              • Jun 2010
                                                                              • 18083
                                                                              #20
                                                                              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 ...


                                                                                Comment

                                                                                • Jacob[Soft]
                                                                                  Confirmed User
                                                                                  • Mar 2010
                                                                                  • 873
                                                                                  #21
                                                                                  Congrats!

                                                                                  redirected to http://www.faceporn.no/

                                                                                    Comment

                                                                                    • nextri
                                                                                      Confirmed User
                                                                                      • May 2004
                                                                                      • 1661
                                                                                      #22
                                                                                      Originally posted by Jacob[Soft]
                                                                                      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.
                                                                                      DivaTraffic - Traffic for Models

                                                                                        Comment

                                                                                        • Paul Markham
                                                                                          Too old to care
                                                                                          • Jun 2001
                                                                                          • 52942
                                                                                          #23
                                                                                          Originally posted by L-Pink
                                                                                          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.



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                                                                                            Comment

                                                                                            • 2intense
                                                                                              Too lazy to set a custom title
                                                                                              • Dec 2009
                                                                                              • 12493
                                                                                              #24
                                                                                              facebook is for losers,faceporn is for all of us ha ha ha
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                                                                                                Comment

                                                                                                • porno jew
                                                                                                  Too lazy to set a custom title
                                                                                                  • Nov 2006
                                                                                                  • 10166
                                                                                                  #25
                                                                                                  if facebook would have hired markham for legal consult you would have been fucked man. consider yourself lucky.

                                                                                                    Comment

                                                                                                    • fris
                                                                                                      Too lazy to set a custom title
                                                                                                      • Aug 2002
                                                                                                      • 55679
                                                                                                      #26
                                                                                                      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.
                                                                                                      Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence.

                                                                                                        Comment

                                                                                                        • nextri
                                                                                                          Confirmed User
                                                                                                          • May 2004
                                                                                                          • 1661
                                                                                                          #27
                                                                                                          Originally posted by fris
                                                                                                          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.
                                                                                                          DivaTraffic - Traffic for Models

                                                                                                            Comment

                                                                                                            • omgt
                                                                                                              So Fucking Blind
                                                                                                              • May 2005
                                                                                                              • 749
                                                                                                              #28
                                                                                                              well done -

                                                                                                                Comment

                                                                                                                • fris
                                                                                                                  Too lazy to set a custom title
                                                                                                                  • Aug 2002
                                                                                                                  • 55679
                                                                                                                  #29
                                                                                                                  Originally posted by Fletch XXX
                                                                                                                  im about to register googleporn.com now! ;)
                                                                                                                  google already owns it :p
                                                                                                                  Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence.

                                                                                                                    Comment

                                                                                                                    • kazymjir
                                                                                                                      Confirmed User
                                                                                                                      • Oct 2011
                                                                                                                      • 411
                                                                                                                      #30
                                                                                                                      Whoa, nice. Good luck.
                                                                                                                      http://kazymjir.com/

                                                                                                                        Comment

                                                                                                                        • nextri
                                                                                                                          Confirmed User
                                                                                                                          • May 2004
                                                                                                                          • 1661
                                                                                                                          #31
                                                                                                                          two bumps on old threads today? What gives?
                                                                                                                          DivaTraffic - Traffic for Models

                                                                                                                            Comment

                                                                                                                            • AllAboutCams
                                                                                                                              Femcams.com
                                                                                                                              • Jul 2011
                                                                                                                              • 12234
                                                                                                                              #32
                                                                                                                              Originally posted by Fletch XXX
                                                                                                                              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
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                                                                                                                                Comment

                                                                                                                                • nextri
                                                                                                                                  Confirmed User
                                                                                                                                  • May 2004
                                                                                                                                  • 1661
                                                                                                                                  #33
                                                                                                                                  Originally posted by xxxupdate
                                                                                                                                  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
                                                                                                                                  DivaTraffic - Traffic for Models

                                                                                                                                    Comment

                                                                                                                                    • Ace_luffy
                                                                                                                                      www.creationcrew.com
                                                                                                                                      • Feb 2005
                                                                                                                                      • 12163
                                                                                                                                      #34
                                                                                                                                      Congrats. I hope it will end soon and final!


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                                                                                                                                        Comment

                                                                                                                                        • Paul Markham
                                                                                                                                          Too old to care
                                                                                                                                          • Jun 2001
                                                                                                                                          • 52942
                                                                                                                                          #35
                                                                                                                                          What goes up, must come down. https://www.google.com/finance?client=ob&q=NASDAQ:FB



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                                                                                                                                            Comment

                                                                                                                                            • DamianJ
                                                                                                                                              Too lazy to set a custom title
                                                                                                                                              • Jul 2006
                                                                                                                                              • 15808
                                                                                                                                              #36
                                                                                                                                              Originally posted by Paul Markham
                                                                                                                                              What goes up, must come down. https://www.google.com/finance?client=ob&q=NASDAQ:FB
                                                                                                                                              When did it go up? All that shows is it going down.

                                                                                                                                                Comment

                                                                                                                                                • sperbonzo
                                                                                                                                                  I'd rather be on my boat.
                                                                                                                                                  • May 2003
                                                                                                                                                  • 9750
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by TheSquealer
                                                                                                                                                  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.






                                                                                                                                                  .
                                                                                                                                                  Michael Sperber / Acella Financial LLC/ Online Payment Processing

                                                                                                                                                  [email protected] / http://Acellafinancial.com/

                                                                                                                                                  ICQ 177961090 / Tel +1 909 NET BILL / Skype msperber

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                                                                                                                                                    • 2012
                                                                                                                                                      So Fucking What
                                                                                                                                                      • Jul 2006
                                                                                                                                                      • 17189
                                                                                                                                                      #38
                                                                                                                                                      Originally posted by Brent 3dSexCash
                                                                                                                                                      love the ending.

                                                                                                                                                      "IT IS SO ORDERED"
                                                                                                                                                      Behold !

                                                                                                                                                      it is written.
                                                                                                                                                      best host: Webair | best sponsor: Kink | best coder: 688218966 | Go Fuck Yourself

                                                                                                                                                        Comment

                                                                                                                                                        • TheLegacy
                                                                                                                                                          SEO & GEO Connoisseur
                                                                                                                                                          • Apr 2003
                                                                                                                                                          • 18078
                                                                                                                                                          #39
                                                                                                                                                          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
                                                                                                                                                          SEO & GEO Connoisseur



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                                                                                                                                                            Comment

                                                                                                                                                            • pornmasta
                                                                                                                                                              Too lazy to set a custom title
                                                                                                                                                              • Jun 2006
                                                                                                                                                              • 20015
                                                                                                                                                              #40
                                                                                                                                                              When i hear the word facebook, i reach for my flamethrower!

                                                                                                                                                              :berserker:

                                                                                                                                                                Comment

                                                                                                                                                                • gideongallery
                                                                                                                                                                  Confirmed User
                                                                                                                                                                  • Aug 2003
                                                                                                                                                                  • 7082
                                                                                                                                                                  #41
                                                                                                                                                                  Originally posted by L-Pink
                                                                                                                                                                  You know you would have never used the word face if it wasn't for facebook. Period. Everyone else knows it as well. You are fucked and getting shitty legal advise to have stayed in an obviously losing and wrong position.
                                                                                                                                                                  http://gfy.com/showthread.php?t=1026141

                                                                                                                                                                  so once more my prediction comes true


                                                                                                                                                                  Originally posted by L-Pink
                                                                                                                                                                  And the attorney fees mount ...

                                                                                                                                                                  .
                                                                                                                                                                  and you grasp at non existent straws to save face

                                                                                                                                                                  Just admit you were totally wrong

                                                                                                                                                                  “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                                                                                                                    Comment

                                                                                                                                                                    • michael.kickass
                                                                                                                                                                      Too lazy to set a custom title
                                                                                                                                                                      • Mar 2009
                                                                                                                                                                      • 11039
                                                                                                                                                                      #42
                                                                                                                                                                      Great news.
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                                                                                                                                                                        • SGS
                                                                                                                                                                          Confirmed User
                                                                                                                                                                          • Dec 2002
                                                                                                                                                                          • 5176
                                                                                                                                                                          #43
                                                                                                                                                                          That took balls. Well done.
                                                                                                                                                                          See sig...

                                                                                                                                                                            Comment

                                                                                                                                                                            • MrCain
                                                                                                                                                                              Confirmed User
                                                                                                                                                                              • Jun 2006
                                                                                                                                                                              • 3332
                                                                                                                                                                              #44
                                                                                                                                                                              Good job
                                                                                                                                                                              Sigmund

                                                                                                                                                                                Comment

                                                                                                                                                                                • TheSquealer
                                                                                                                                                                                  Mayor of Thneedville
                                                                                                                                                                                  • Oct 2004
                                                                                                                                                                                  • 26173
                                                                                                                                                                                  #45
                                                                                                                                                                                  Originally posted by sperbonzo
                                                                                                                                                                                  No. There was no defense. That's the point of the ruling. Read it again please.

                                                                                                                                                                                  .
                                                                                                                                                                                  you are quoting a very old post.

                                                                                                                                                                                  And I would say that when a big company is going to fire a shot across your bow, force you to hire attorneys and force you into a court room, you've lost. They redirect the domain to .no because they anticipated that. Now the question is simply one of jurisdiction and venue. They can still file a new lawsuit in the proper jurisdiction and copyright/trademark law isn't exactly a local thing. Why is there so much certainty that "its over" - there is no settlement agreement. There is a simple procedural obstacle and can be easily stepped around.
                                                                                                                                                                                  Last edited by TheSquealer; 08-02-2012, 10:03 AM.
                                                                                                                                                                                  .
                                                                                                                                                                                  Yes, fewer illegal immigrants working equates to more job opportunities for American citizens.

                                                                                                                                                                                  Rochard

                                                                                                                                                                                    Comment

                                                                                                                                                                                    • alias
                                                                                                                                                                                      aliasx
                                                                                                                                                                                      • Apr 2001
                                                                                                                                                                                      • 19010
                                                                                                                                                                                      #46
                                                                                                                                                                                      Congrats Nextri.
                                                                                                                                                                                      https://porncorporation.com

                                                                                                                                                                                        Comment

                                                                                                                                                                                        • Paul Markham
                                                                                                                                                                                          Too old to care
                                                                                                                                                                                          • Jun 2001
                                                                                                                                                                                          • 52942
                                                                                                                                                                                          #47
                                                                                                                                                                                          https://www.google.com/finance?client=ob&q=NASDAQ:FB under $20

                                                                                                                                                                                          http://www.valuewalk.com/2012/08/fac...fake-accounts/ add the dead accounts.
                                                                                                                                                                                          Last edited by Paul Markham; 08-02-2012, 11:35 AM.



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                                                                                                                                                                                            Comment

                                                                                                                                                                                            • sperbonzo
                                                                                                                                                                                              I'd rather be on my boat.
                                                                                                                                                                                              • May 2003
                                                                                                                                                                                              • 9750
                                                                                                                                                                                              #48
                                                                                                                                                                                              Originally posted by TheSquealer
                                                                                                                                                                                              you are quoting a very old post.

                                                                                                                                                                                              And I would say that when a big company is going to fire a shot across your bow, force you to hire attorneys and force you into a court room, you've lost. They redirect the domain to .no because they anticipated that. Now the question is simply one of jurisdiction and venue. They can still file a new lawsuit in the proper jurisdiction and copyright/trademark law isn't exactly a local thing. Why is there so much certainty that "its over" - there is no settlement agreement. There is a simple procedural obstacle and can be easily stepped around.
                                                                                                                                                                                              Except that in this case, there WAS NOT anyone forced into a courtroom. The whole point of the ruling was that Facebook was trying to get a default judgment with the defendant not present, and the case was thrown out because they did not have juristidction. He had a lawyer to advise him, of course, but niether he nor his lawyer, appeared, and he didn't incur any court costs. Further, if FB brings the suit again, in the proper jurisdiction of Norway, there is a very very good chance that FB will lose.



                                                                                                                                                                                              .


                                                                                                                                                                                              .
                                                                                                                                                                                              Last edited by sperbonzo; 08-02-2012, 12:31 PM.
                                                                                                                                                                                              Michael Sperber / Acella Financial LLC/ Online Payment Processing

                                                                                                                                                                                              [email protected] / http://Acellafinancial.com/

                                                                                                                                                                                              ICQ 177961090 / Tel +1 909 NET BILL / Skype msperber

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                                                                                                                                                                                                • piers30
                                                                                                                                                                                                  Confirmed User
                                                                                                                                                                                                  • Jul 2010
                                                                                                                                                                                                  • 209
                                                                                                                                                                                                  #49
                                                                                                                                                                                                  Big congrats .

                                                                                                                                                                                                  One big question though does this now mean that any name similar to FB facecook, facelook , facecock, etc and hosted outside of US can play the same routine with no fear
                                                                                                                                                                                                  even if their domain is .com ?
                                                                                                                                                                                                  The fundamental point being that FB is based in US and since FP hosting was not done there , then charges did not stick.

                                                                                                                                                                                                    Comment

                                                                                                                                                                                                    • Choker
                                                                                                                                                                                                      Confirmed User
                                                                                                                                                                                                      • Apr 2001
                                                                                                                                                                                                      • 9024
                                                                                                                                                                                                      #50
                                                                                                                                                                                                      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..
                                                                                                                                                                                                      I'm no lawyer but I think it says that the defendent is not under that Courts jurisdiction so they dismissed it. Would be similar to me suing someone in a Texas court for something they did to me in Ohio. Court has no choice to dismiss it as the defendent is not in their jurisdiction
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