Miss West Virginia 2003 loses her lawsuit against....

[Dr.Strangelove]

Taxi Driver Movie.

In case you're interested, about 2 years ago Allison Williams filed a $50,000,000 lawsuit against 60 websites for defamtion of character. That's right, count it, no typo here, 50 million dollars.

http://www.cnn.com/2005/LAW/03/31/williams/index.html

Now I was only 1 of 5 defendants that retained legal counsel to represent me. My lawyer prepared a brilliant motion to dismiss based on personal jurisdiction. In other words, Allsion Williams could not sue me in West Virginia as I live in New York State. The judge granted that motion to dismiss.

My lawyer is preparing a press release explaining the particulars of the case. You may have been interested, you may not have been in this case.

I'll keep GFY members apprised of this huge victory, not only for me but for the porn business as a whole.

[LiveDose]

The real question is, is she hot?

[MrDicB]

VICTORY! Congrats, Vit!

[grumpy]

so now she will try to get a case in New York? Doesnt sound like a victory to me, just a delay.

[WebairGerard]

Congrats my friend!

[Dr.Strangelove]

Originally Posted by LiveDose

The real question is, is she hot?

http://www.misswestvirginia.org/allison_williams

Judge for yourself. Her legal team wasn't.

[SykkBoy]

Um, so these websites tout the fact that she appears in this sex video, but it isn't her at all?

[Dr.Strangelove]

Originally Posted by grumpy

so now she will try to get a case in New York? Doesnt sound like a victory to me, just a delay.

It's over! Done! Finished! Her legal team, and I mean TEAM can't sue me here in New York State for this case. She lost, and she lost in a BIG way. Really, this is a serious major victory for affiliates that get caught up like I did.

This case is almost surely going to set major precedents in Internet law!

[Fap]

Originally Posted by LiveDose

The real question is, is she hot?

not really.. not in the video atleast she is with an old dude

[Dr.Strangelove]

Originally Posted by SykkBoy2

Um, so these websites tout the fact that she appears in this sex video, but it isn't her at all?

Whether it was her or not is irrelevant in the ruling of this case. My victory is based on the fact that I stood up like a man, played by the rules, and retained great counsel to represent me. Win, lose or draw, I stood up and used my legal rights as a defendant. And I prevailed!!!

[KingpinMedia]

Congats Joe Just remember to mention The Feeding Tube when you are on Court TV

[Derek_M]

Congratulations, that is fantastic.

[Jim_MrSkinCash]

That's fucking awesome Joe!

[Spoff]

Incredible news bro. I have the makeup team coming to your office for the press conference. Stand by.

[MrDicB]

Originally Posted by Spoff

Incredible news bro. I have the makeup team coming to your office for the press conference. Stand by.

Who the fuck is Spoff?

sorry man. had to do it.

[Dr.Strangelove]

Thanks to all for your congratulations.

I'll be sharing solid advice as details of how my counsel dominated begin to emerge. No one is immune from a US civil lawsuit. Don't delude yourself in thinking that being a citizen of another country than the US could exclude you. The main defendant in this case is Australian, and is/was subject to US laws.


The first advice I would offer US webmasters (don't know about other countries) is to incorporate. Protect yourself from personal injury: Separate as far as possible behind a coporate veil.

Corporate laws vary from state to state. In New York, it costs about $600, and 3-6 months of waiting. In Ohio, it costs $125, and 3 business days. After that's done, than start doing business. But I gotta tell you people, incorporate first. It'll probably be the wisest business decision you'll make, certainly in hindsight.

[Webby]

Originally Posted by SykkBoy2

Um, so these websites tout the fact that she appears in this sex video, but it isn't her at all?

Appears that way. Little surprise there was some legal mumblings - if the tables were turned and you were a celeb or public figure where that crap caused you damage, - sure you'd be suing their asses off till they wish they were never born.

Had a similar scenario with a model years ago who happened to have a "following". Obviously because she was well-known, a gutter newspaper printed an expose story about her being a hooker. (She was never any hooker or even touched porn).

We read this shit and put her in contact with my lawyer who then lodged an action against the newspaper. In the end it could not be defended in court and the newspaper did and a courtsteps settlement for.. think around $1.4 mill.

No reason whatsoever why this should not happen in this instance - assuming the claim is genuine and the damages relevant.

[JMM]

Either you aren't telling the whole story or your lawyer isn't telling you the whole story.

1. She can appeal.

2. If the only reason for the dismissal was jurisdiction, I am about 99.9999% certain she can refile in New York. She could also file federally.

[Webby]

Originally Posted by JMM

1. She can appeal.

2. If the only reason for the dismissal was jurisdiction, I am about 99.9999% certain she can refile in New York. She could also file federally.

Most likely. If it's just a jurisdictional issue, it just needs filing in the correct courts - technically stuff.

In effect, the core issue has not even been heard by a court.

[SykkBoy]

Originally Posted by Webby

Appears that way. Little surprise there was some legal mumblings - if the tables were turned and you were a celeb or public figure where that crap caused you damage, - sure you'd be suing their asses off till they wish they were never born.

Had a similar scenario with a model years ago who happened to have a "following". Obviously because she was well-known, a gutter newspaper printed an expose story about her being a hooker. (She was never any hooker or even touched porn).

We read this shit and put her in contact with my lawyer who then lodged an action against the newspaper. In the end it could not be defended in court and the newspaper did and a courtsteps settlement for.. think around $1.4 mill.

No reason whatsoever why this should not happen in this instance - assuming the claim is genuine and the damages relevant.

Yeah, if I were her, I'd have been doing the same thing...though I'd likely have hired a more competent attorney...

[sicone]

Doesn't the tape actually show a news reporter that has the same name?


Congrats on the victory

[Dr.Strangelove]

Originally Posted by Webby

Appears that way. Little surprise there was some legal mumblings - if the tables were turned and you were a celeb or public figure where that crap caused you damage, - sure you'd be suing their asses off till they wish they were never born.

I'm glad that you had a lawyer that worked for you and produced results.

Allison Williams legal team failed. And a law firm that has been in business for over a 100 years, and has 150 attornies on staff? Allison's legal representatives will probably have to explain to the senior partners why they lost thousands of billing hours at the weekly meeting. OUCH!!! And to lose to a small time webmaster like me has GOT to hurt. John Grisham couldn't have come up with a better ending for me. Or them.

[Michaelious]

Well congrats! That's amazing.

[Webby]

Originally Posted by SykkBoy2

Yeah, if I were her, I'd have been doing the same thing...though I'd likely have hired a more competent attorney...

Believe me - last thing you want to be bothering about is the quality of the other sides legal team

When they either screw up or make an error in serving paperwork in the correct jurisdiction - they will be back and getting the technicality in corrected and firming up their strategy. Had exactly the same kinda problem on stuff we are petitioning for, but it's no biggie - the papers were changed and the case is proceeding tho may continue for another year yet - no hurry.

Totally guessing here... but suspect her lawyers will be advising her they will get their act together and that she continue with the action - a jurisdictional problem is not really strong enough to deter anyone.

This kinda stuff is like a roller-coaster ride, - one day you will be on an upper, the next day is total crap - same during court hearing times.

Seriously... would be more inclined to address the core issue and look to preparing whatever valid elements of a defense for that. Know nothing about the background other than the CNN article, - but from that, Ms Williams has valid grounds for a case. Sure, the damage element is high - it's just the starting off talking point and prob means not a lot.

[XPays]

let's take a step back and look at this issue from a non-linear perspective and refresh the audience with regards to what caused this whole lawsuit. a shady sponsor infringed on the video/rights of publicity and offered it for promotion to its affiliates. allison williams sues all the affiliates she can find. time and money and stress are expended and her rights are still in tact to continue enforcing. so, the root cause of this whole mess is still based on a sponsor program using stolen content and the trickle-down issues thereafter

[Webby]

Originally Posted by Dr.Strangelove

Allison Williams legal team failed. And a law firm that has been in business for over a 100 years, and has 150 attornies on staff? Allison's legal representatives will probably have to explain to the senior partners why they lost thousands of billing hours at the weekly meeting. OUCH!!! And to lose to a small time webmaster like me has GOT to hurt. John Grisham couldn't have come up with a better ending for me. Or them.

That's exactly what I was trying to say in the last post - they all screw up to varying degrees irrespective of the staffing level and size of practice. It's not unusual.

And... an established legal firm is not going to let it just drop because of paperwork filing - that's a screwup, but not major. They will prob just bear the cost of that if they genuinely screwed up and just refile.

For that reason I'd seriously suggest you get a defense going in the back of your mind - simply because it is more likely to continue than not, and would expect further adjusted filings on behalf of Ms Williams.

[Dr.Strangelove]

Originally Posted by JMM

Either you aren't telling the whole story or your lawyer isn't telling you the whole story.

1. She can appeal.

2. If the only reason for the dismissal was jurisdiction, I am about 99.9999% certain she can refile in New York. She could also file federally.

JMM, I asked my lawyer the same question. His specialty is commercial litigation in copyrights, trademarks and intellectual property.Can she appeal? In New York? I've asked New York lawyers the same question. No appeal. It's finished. It's over. Except for the expected shouting. Her legal team failed to provide to the ruling federal judge valid reasons for establishing proper venue. Am I telling the whole story? Of course not, the original complaint is over 150 pages long.

[Webby]

Originally Posted by XPays

let's take a step back and look at this issue from a non-linear perspective and refresh the audience with regards to what caused this whole lawsuit. a shady sponsor infringed on the video/rights of publicity and offered it for promotion to its affiliates. allison williams sues all the affiliates she can find. time and money and stress are expended and her rights are still in tact to continue enforcing. so, the root cause of this whole mess is still based on a sponsor program using stolen content and the trickle-down issues thereafter

Damn... never knew that was the source XPays...

Sounds like there may be a need to talk among affiliate lawyers at some point and try and extract them from the action - or at least minimize their exposure to damages. Then head for the source of the problem...

[Dr.Strangelove]

Originally Posted by XPays

let's take a step back and look at this issue from a non-linear perspective and refresh the audience with regards to what caused this whole lawsuit. a shady sponsor infringed on the video/rights of publicity and offered it for promotion to its affiliates. allison williams sues all the affiliates she can find. time and money and stress are expended and her rights are still in tact to continue enforcing. so, the root cause of this whole mess is still based on a sponsor program using stolen content and the trickle-down issues thereafter

Xpays. You said it! That was my 2nd solid piece of advice. Watch who you do business with. Without mentioning names, sponsor removes alleged offending content from the front page.Same sponsor doesn't remove alleged marketing tools from affiliate page. Asshole like me uses alleged offending material on his site. So, there you go. Incorporate and market at your own peril.

Thanks Xpays for your bolstering advice over the months I had to lay low.

[Dr.Strangelove]

Originally Posted by Webby

That's exactly what I was trying to say in the last post - they all screw up to varying degrees irrespective of the staffing level and size of practice. It's not unusual.

And... an established legal firm is not going to let it just drop because of paperwork filing - that's a screwup, but not major. They will prob just bear the cost of that if they genuinely screwed up and just refile.

For that reason I'd seriously suggest you get a defense going in the back of your mind - simply because it is more likely to continue than not, and would expect further adjusted filings on behalf of Ms Williams.

Webby, I sure hope you're wrong.
But it's like cancer. The docs can remove it..declare you cancer-free, and the disease comes back. All I can do now is revel in my victory and keep my lawyer on retainer.

[Dr.Strangelove]

Originally Posted by Webby

Damn... never knew that was the source XPays...

Sounds like there may be a need to talk among affiliate lawyers at some point and try and extract them from the action - or at least minimize their exposure to damages. Then head for the source of the problem...

Damn. Forgot about the other players. Now I don't have the exact numbers in front of me, but this is the casualty rate.

About 40 sites were found in default with amount of judgement to be determined at a later date.

About 10 site owners were not located, and could never be properly served.

5 webmasters declared bankruptcy.

2 defendants were represented today, with 1 defendants' lawyer withdrawing. And me with my motion to dismiss was granted. Tossed out of court.

The last player, and I'll give you one guess who....has been MIA since last Nov.

[stickyfingerz]

Awesome news Joe. Glad to hear it all came out good at least so far!

When is your next show? That question goes to Dick and Spoof too. Sushi again?

[MrDicB]

Originally Posted by stickyfingerz

Awesome news Joe. Glad to hear it all came out good at least so far!

When is your next show? That question goes to Dick and Spoof too. Sushi again?

Actually, I just found out I'll be going to the Redneck Getaway. After that, internext fl.

Also, AMEN to what XPays said.

[Webby]

Originally Posted by Dr.Strangelove

Damn. Forgot about the other players. Now I don't have the exact numbers in front of me, but this is the casualty rate.

About 40 sites were found in default with amount of judgement to be determined at a later date.

About 10 site owners were not located, and could never be properly served.

5 webmasters declared bankruptcy.

2 defendants were represented today, with 1 defendants' lawyer withdrawing. And me with my motion to dismiss was granted. Tossed out of court.

The last player, and I'll give you one guess who....has been MIA since last Nov.

Sheesh.. can see some people getting more than upset - and more than a chance this can blow bigtime. Can only speak from the lawyers I know, but if they think people are playing games, they will rack up the pressure and come in at other angles and force the issue.

The old hiding and running away and bankruptcies are fine as a delaying tactic, but.. well....

Oddly two individuals on our petition chose to try and disappear, but investigators found em after a few months and the court did not appreciate their "little joke" - and they sure won't be doing that again.

It's a pity this appears to be affiliates relying on a sponsor in good faith and subsequently getting pulled into this action. It *may* be that they were pulled in simply to reinforce the main case (tho who knows what the strategy is?).

Was just thinking the petitioning lawyers have no incentive to consider chatting to affiliate lawyers and letting affiliates off the hook a bit - they can still use them to extract damages in the event the main "perp" becomes unavailable and will prob not relax until such time as it becomes uneconomical to wait for the odd MIA to surface. Other factor is they have plenty time to revue and adjust their strategy - there is no hurry needed on their part (obviously allowing for limitation/liability laws) and plenty time to consider how to skin the cat.

From what you said, they appear to have achieved a reasonable success up to this point, but could have further success with MIA's and possible re-presentation of papers which were dismissed on technical grounds and where Ms Williams has retained her right to be heard.

It's only my gutty feeling, but when barriers and obstacle courses are put up - there is prob more chance of persistent action to drown these and get to the core issue. Can only say from stuff we have done in the past and a current petition - if defendants start playing games, the inclination is to go for the throat (legally speaking )

The current stuff I've been doing appears far more serious than this case, with eg. the usual disappearing acts, "I'm not in", numerous hearings before judges and all flavors of bullshit deviancy - would not be surprised if a judge elected to stuff possibly two defendants in a cell under the Penal Code - simply to stop them playing games and "disappearing". The money involved is in the millions, but sure nothing like the level of claim in your case.

Just got the gutty feeling the petitioning lawyers in your case may get pissed over time with bullshit (same as our lawyers) and start strengthening up. The flipside is.. sure, they prob know very well that the affiliates were also "victims" in this case, and that will prob subdue them in seeking extravagant claims.

Seems you got a decent result up to this point and it's prob a good thing that you never did the disappearing act. But... Ms Williams has not been heard yet and still *could* rehash the paperwork in the correct jurisdiction - depends how vicious they feel in the morning But... good luck to you on this and a pity you are even involved due to a crappy sponsor

[Webby]

Originally Posted by Dr.Strangelove

Webby, I sure hope you're wrong.
But it's like cancer. The docs can remove it..declare you cancer-free, and the disease comes back. All I can do now is revel in my victory and keep my lawyer on retainer.

You are correct - it is like a cancer. If the case was judged (ie actually heard) - that would prob seal it off completely. Tho.. not sure, perhaps you can have a counterclaim, possibly in conjunction with other webmasters, against the sponsor?? All depends if there are assets worth seizing in a claim...

It's also like a cancer in that each day can be good or bad - you can have a raving success one day and a total downer the next. The knack is just remain cool and avoid letting it get to you - and keep that logical head on and brief your lawyer till his scull starts to explode

[stickyfingerz]

Originally Posted by MrDicB

Actually, I just found out I'll be going to the Redneck Getaway. After that, internext fl.

Also, AMEN to what XPays said.

Should think about Xbiz in July ;) I had to cut back a few shows due to ma baby boy being born on Saturday. Ill be at Internext though, and at Xbiz summer forums for sure. I need to talk to all three of you also have some things in the works. Hit me up tomorrow if you can. Email or icq is in siggy.