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  • I Need Another Lawyer

    Here's the scoop:

    I need a new lawyer to handle a new case against a vB forum that has been directly violating my privacy rights. It seems like a cross between a privacy violation and an intellectual property violation. Anyway, I registered at said forum and was banned there for not being of appropriate age to attend. I no longer wish for this forum to hold my personal information at all, let alone having them hold it publicly. I contacted the administrator of said forum and politely requested that he removed my personal information (not my posts - just my username (I wanted it changed), email address, etc). The administrator is living proof of the fact that maturity does not come with age. Instead of removing the information, as he is legally obligated to do, he is leaving it up as an immature/illegal form of revenge. I even offered to pay the administrator to remove my account details - something I should not have done seeing how easy it is to remove them, and that it should (and must) simply be done free.

    The admin there does not take me at all seriously, so it should be quite a surprise to slap a lawsuit in his mailbox.

    I talked to the law teacher at my school and it appears that, depending on the lawyer I get, I can get between $300 and $2,500 (Why such a huge range?) for every item in violation (ie. $300-$2,500 for username, another $300-$2,500 for password hash, $300-$2,500 for email address, etc etc), as well as between $80 and $1,100 for every post that contains information.

    So I need lawyer recommendations. I contacted the lawyer who I already have for handling UtopiaSoft copyright claims, but he only handles copyright claims. :/ I want a cheap one, but one who's relatively good. Here's what I would like, if possible:
    -Preferably no more than $130/hour worked
    -One good enough to get somewhere in the higher range of the damage charges (closer to $2,500)
    -One who, obviously, handles Internet cases

    Edit: I just read the vBulletin license agreement, which states that vBulletin must not be used for anything like intellectual property violations (the property being my personal information).. Does this mean the forum could also lose it's vB license?
    Last edited by CeleronXT; Sat 10 Jan '04, 10:34am.
    "63,000 bugs in the code, 63,000 bugs, you get 1 whacked with a service pack, now there's 63,005 bugs in the code."
    "Before you critisize someone, walk a mile in their shoes. That way, when you critisize them, you're a mile away and you have their shoes."
    Utopia Software - Current Software: Utopia News Pro (news management system)

  • #2
    Man you went there and posted, by doing so they own it. Read the other threads, it's implied. But I'm no lawyer.

    I agree they should just remove it, but there's three sides to every story, and he may have a reason for being a dick. I dunno.
    Computer Help Forum
    An informed rider makes their first destination the motorcycle forum at rider info.

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    • #3
      Do they have to remove it? After all you volunteered the information.

      Comment


      • #4
        Originally posted by noppid
        Man you went there and posted, by doing so they own it. Read the other threads, it's implied. But I'm no lawyer.

        I agree they should just remove it, but there's three sides to every story, and he may have a reason for being a dick. I dunno.
        It's not the posts that I want removed, I only want my personal information in my profile to be changed. When you register at a forum, especially a vB forum, you are under the impression that you will have free access to your personal information to be able to change it as you see fit. Unless stated otherwise, this must be the case to hold any legal weight. As I may no longer modify my own details, I can indeed proceed with the suit.

        And they can never "own" my personal information.
        "63,000 bugs in the code, 63,000 bugs, you get 1 whacked with a service pack, now there's 63,005 bugs in the code."
        "Before you critisize someone, walk a mile in their shoes. That way, when you critisize them, you're a mile away and you have their shoes."
        Utopia Software - Current Software: Utopia News Pro (news management system)

        Comment


        • #5
          IIRC posts always belong to the poster but the site owners will be held responible if anything ilegal was posted.

          Comment


          • #6
            Why is it such a big deal to you? So the forum has your email address, aim name etc. Who's really gonna be bothered with it?

            I doubt someones going to click on your name, see that you're banned and think Ooo I've got all this guy's details, what should I do.. mwhaha. Is that likely to happen? I don't think so.

            Comment


            • #7
              I hope the thread creator is seriously kidding.

              Comment


              • #8
                Originally posted by A:\
                Why is it such a big deal to you? So the forum has your email address, aim name etc. Who's really gonna be bothered with it?

                I doubt someones going to click on your name, see that you're banned and think Ooo I've got all this guy's details, what should I do.. mwhaha. Is that likely to happen? I don't think so.
                Well, you kind of have to know more information about it to know why I want it removed. The rest of the information is something I was advised by the law teacher not to say publicly. (This is also the reason I have not posted the forum's name or address, as much as I'd enjoy publicly bashing them)

                Wether or not it seems like a big deal to you is not the point - the point is whatever way you look at it, it's illegal. If I have a pirate copy of vB, I'm not hurting anyone. Contrary to what others may say, the developers are not losing money - they're just not gaining money. It does not physically harm anyone. So it's not a big deal, right? Wrong.
                "63,000 bugs in the code, 63,000 bugs, you get 1 whacked with a service pack, now there's 63,005 bugs in the code."
                "Before you critisize someone, walk a mile in their shoes. That way, when you critisize them, you're a mile away and you have their shoes."
                Utopia Software - Current Software: Utopia News Pro (news management system)

                Comment


                • #9
                  So you've paid to use this forum have you?

                  In anycase, by them banning you because of your age, you must have broken their TOS?

                  Comment


                  • #10
                    Originally posted by A:\
                    So you've paid to use this forum have you?

                    In anycase, by them banning you because of your age, you must have broken their TOS?
                    The way the over-18 rule is worded, it is not part of the TOS, and never has been. Wording needs to be changed to hold any legal weight at all.
                    "63,000 bugs in the code, 63,000 bugs, you get 1 whacked with a service pack, now there's 63,005 bugs in the code."
                    "Before you critisize someone, walk a mile in their shoes. That way, when you critisize them, you're a mile away and you have their shoes."
                    Utopia Software - Current Software: Utopia News Pro (news management system)

                    Comment


                    • #11
                      Don't waste your time. You'll spend money for the lawyer and get nothing in return.
                      Once you volunteer info in a public spectrum it becomes part of the public domain. You can request to have it removed, but, the site owner is not required to remove it.
                      If I understand correctly you signed up for a forum that required you to be 18. You misrepresented your age and when the admin found out he banned you. While I agree he should have removed your info as a safeguard for him he is under no obligation to do so.
                      You would be wasting money if you persue this, unless of course you can prove that by having your info available on this site could lead to harm to you and/or your family.

                      Added after seeing your last post.
                      No matter how the under 18 rule is worded or if it part of the TOS at all makes no difference. If it said anything at all on the site about having to be 18 or older then it is still a requirement and you don't have any grounds for a suit.
                      Last edited by AWS; Sat 10 Jan '04, 11:43am.
                      Admins Zone - Resources for Forum Administrators

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                      • #12
                        It seems all a bit OTT to be honest. Save your money, move on and shut up. I'm not trying to be impolite, but you need to wake up buddie, suing or using legal wrangling to solve something like is , is a bit of overkill (IMHO).
                        My Sites :

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                        • #13
                          Originally posted by pablo
                          It seems all a bit OTT to be honest. Save your money, move on and shut up. I'm not trying to be impolite, but you need to wake up buddie, suing or using legal wrangling to solve something like is , is a bit of overkill (IMHO).
                          AND it screams "HELLOOOOHOOOO! LOOK AT ME BEING ALL AMERICAN!"

                          *I seriously wish they WOULD remove all the safety labels*

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                          • #14
                            Originally posted by LeeCHeSSS
                            AND it screams "HELLOOOOHOOOO! LOOK AT ME BEING ALL AMERICAN!"

                            *I seriously wish they WOULD remove all the safety labels*
                            What the hell does his nationality have to do with anything? That's a fairly bigoted statement from someone aspiring to take the "moral high ground" with such a condescending remark.

                            Back to the topic at hand...

                            Frivolous lawsuits like the one you are proposing, CeleronXT, are what is wrong with the legal system today. You're showing your immaturity by wishing to go to such nerdy extremes over something so... trivial.

                            Comment


                            • #15
                              Hell yes I'm American, and I'm looking to exercise every right allotted to me as one.

                              You see, I wouldn't be making any kind of stink about this at all if it wasn't damaging. And yes, it is (damaging). (So in response to Tungsten, it's not so trivial)

                              The over 18 rule is part of no TOS what-so-ever, and as I was not over 18 at the time of agreeing to anything at all, the "contract" is 100% null and void. Though we like to pretend having TOS's and whatnot will actually mean something, it means nothing if you are underage (18).

                              Regardless of wether or not I broke one of their rules, I can still proceed. If someone breaks into your house and you have a dog and it assaults that person, that person who broke in can sue you. Sure, they broke the law breaking into your house, but they can still sue for that dog attacking. Unless the dog was protecting you from being physically hurt or killed, they can press charges (ie. if the dog was just protecting his "territory" from burglars that would not be otherwise harming the family). I don't think you realize that. (And if you didn't know that, you won't do any good in this thread, because you won't know enough about the legal system to participate )

                              Sueing someone really isn't immature.. what would be immature is going out and just slandering the person. Sorry, suing is the mature route to go.

                              I have the money to put into this case, even if it does fail. I will proceed. I just need a lawyer.
                              Last edited by CeleronXT; Sat 10 Jan '04, 1:43pm.
                              "63,000 bugs in the code, 63,000 bugs, you get 1 whacked with a service pack, now there's 63,005 bugs in the code."
                              "Before you critisize someone, walk a mile in their shoes. That way, when you critisize them, you're a mile away and you have their shoes."
                              Utopia Software - Current Software: Utopia News Pro (news management system)

                              Comment

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