5 ms·

illegal or not is for the court to decide.

by matz1 8y ago

gnicholas 8y ago
Are you suggesting that the article isn't describing an open and shut case, our that business models may in fact be protectable? As a former lawyer, I would say that neither of these is even a remotely close call (assuming the description is accurate).
- matz1 8y ago
  Yes, that depends on how good are their lawyer argue it in court. Maybe they know something we don't.
jacquesm 8y ago
Technically, yes. But practically, in cases so blatantly obvious it is fine to draw your own conclusion. In one court case - where a company I had a majority stake in was the plaintiff - the defendant basically had to admit that they copied the code and content of our website. Their defense: 'we did not copy it from them, we copied it from someone else' (without specifying what the 'someone else' was). Needless to say that did not end well, we were surprised they actually went to court but since this was in a country where the loser pays the court costs of the winner that did not overly bother me.
- matz1 8y ago
  Isn't that testament that their lawyer simply is not good?
  - jacquesm 8y ago
    Lawyers do not call the shots, clients do. So if a client wants to take a losing battle to court a typical lawyer will caution them but will not hand in their commission.
    - matz1 8y ago
      No client want to lose. Maybe they choose the wrong lawyer? Maybe they shouldn't just use 'typical' lawyer. Especially for difficult case.
      - jacquesm 8y ago
        That was about as unwinnable as they come. So no, that wasn't the wrong lawyer, that was simply the wrong client. https://webwereld.nl/overheid/10591-webcamsites-bevechten-elkaar-in-rechtszaal https://webwereld.nl/overheid/10591-webcamsites-bevechten-el... (Dutch)
        matz1 8y ago
        No case are unwinnable. At least not with that attitude. Look at the O.J. Simpson case for example.
        jacquesm 8y ago
        He lost the civil suit. And the only reason you bring it up is because it is exceptional. The general rule is that the courts tend to get it right but there are obvious (and glaring) exceptions. The quality of your lawyer will help in the gray areas, and may get you a reduced sentence in case of a criminal affair but in general you will lose if you go to court with a case where you were in the wrong. It's not a perfect system but for most cases it works out.
        matz1 8y ago
        He win the criminal suit. >And the only reason you bring it up is because it is exceptional So you need exceptional lawyer. >The quality of your lawyer will help in the gray areas An exceptional lawyer will make seemingly black and white situation to looks like grey. > in general you will lose if you go to court with a case where you were in the wrong Sure, the point of court is argue that meaning of "wrong"
ceejayoz 8y ago
Deciding it on your own before the court battle might save you millions of dollars of your own invested money.

illegal or not is for the court to decide.

by matz1 8y ago

illegal or not is for the court to decide.

Are you suggesting that the article isn't describing an open and shut case, our that business models may in fact be protectable? As a former lawyer, I would say that neither of these is even a remotely close call (assuming the description is accurate).

matz1 8y ago
Yes, that depends on how good are their lawyer argue it in court. Maybe they know something we don't.

jacquesm 8y ago

Technically, yes. But practically, in cases so blatantly obvious it is fine to draw your own conclusion. In one court case - where a company I had a majority stake in was the plaintiff - the defendant basically had to admit that they copied the code and content of our website. Their defense: 'we did not copy it from them, we copied it from someone else' (without specifying what the 'someone else' was). Needless to say that did not end well, we were surprised they actually went to court but since this was in a country where the loser pays the court costs of the winner that did not overly bother me.

matz1 8y ago
Isn't that testament that their lawyer simply is not good?
- jacquesm 8y ago
  Lawyers do not call the shots, clients do. So if a client wants to take a losing battle to court a typical lawyer will caution them but will not hand in their commission.
  - matz1 8y ago
    No client want to lose. Maybe they choose the wrong lawyer? Maybe they shouldn't just use 'typical' lawyer. Especially for difficult case.
    - jacquesm 8y ago
      That was about as unwinnable as they come. So no, that wasn't the wrong lawyer, that was simply the wrong client. https://webwereld.nl/overheid/10591-webcamsites-bevechten-elkaar-in-rechtszaal https://webwereld.nl/overheid/10591-webcamsites-bevechten-el... (Dutch)
      - matz1 8y ago
        No case are unwinnable. At least not with that attitude. Look at the O.J. Simpson case for example.
        jacquesm 8y ago
        He lost the civil suit. And the only reason you bring it up is because it is exceptional. The general rule is that the courts tend to get it right but there are obvious (and glaring) exceptions. The quality of your lawyer will help in the gray areas, and may get you a reduced sentence in case of a criminal affair but in general you will lose if you go to court with a case where you were in the wrong. It's not a perfect system but for most cases it works out.
        matz1 8y ago
        He win the criminal suit. >And the only reason you bring it up is because it is exceptional So you need exceptional lawyer. >The quality of your lawyer will help in the gray areas An exceptional lawyer will make seemingly black and white situation to looks like grey. > in general you will lose if you go to court with a case where you were in the wrong Sure, the point of court is argue that meaning of "wrong"

ceejayoz 8y ago

Deciding it on your own before the court battle might save you millions of dollars of your own invested money.