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Egay v. Digital Point Lawsuit Update

Discussion in 'Affiliate Programs' started by misterajc, Jan 12, 2009.

  1. misterajc

    misterajc Registered Member

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    There's been some interesting progress in the Egay v. Digital Point et al. lawsuit in the past few days. (If you don't know about this, egay is suing DP and several other companies and people for using black hat techniques in their affiliate program.) A draft case management statement has been published. It's not been approved, but it probably will be, and it lays out what both sides agree should be the timetable for the case. There's also some interesting factoids in there.

    First of all, the FBI seized all the servers, computers and physical files of the defendants back in July 2007, and still refuses to return them or provide the defendants with a copy of the data. This means there is still the possibility of a criminal prosecution, as well as the civil case that egay is bringing. It also means that DP has had to do without all their business records for eighteen months now. Begin rant: Fuck that! What happened to the constitutional right to a speedy trial? If you put someone out of business for a year and a half on the say so of a large corporation that's punishment without trial. That blows. End rant.

    Anyhow, the civil case is scheduled to ramble on until October 2010, but it may be delayed still further, because both sides need to see the files and documents that are currently in the hands of the FBI. However, there is one case that is coming to trial much sooner, and should give us a hint as to which way the main civil suit will go. Back when the alleged offenses took place, egay's affiliate program was run by CJ. The month that it all blew up, CJ had paid commission to several of the defendants as usual, but egay refused to pay commission to CJ. CJ is now suing the defendants to get that money back. It's going through the California courts rather than the federal courts where the egay case is, so I don't have the same level of detail on the case, but it is due to go to court in March 2009.

    If they defendants' lawyers think they have a strong case, they will probably take this to trial and try and get a judgment in their favor. This will not be binding on the judge in the egay case, but it will obviously have some influence. On the other hand, if they feel their case is not good, they will probably settle out of court, probably the day before the trial starts, for a deal where they pay the money back but do not admit guilt, and keep the agreement secret. CJ just wants their money back so would probably agree to this.

    Egay really wants to win here to establish a precedent, so they are throwing the best lawyers money can buy at it, and if they lose the first round they may well appeal all the way to the Supreme Court. The defendants are likely to spend ten years of their lives dealing with this law suit, even if they keep winning. There is also still the possibility that they FBI will decide to prosecute and the defendants will face jail time for fraud.

    So, if you plan of getting rich from EPN using black hat techniques and you live in a country where ebay has an office, better have your escape route planned. You are less likely to get sued if you are outside the reach of the local court system. If you have one grandparent born in Italy or Ireland you are entitled to an EEC passport. The Bahamas will give you a residence permit if you buy a condo there. Other suggestions for countries it is easy to move to welcome?
     
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  2. punkcash

    punkcash Regular Member

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    why is DP gettin' sued?

    woudn't they go after the big time blackhatters that are owning egay?
     
  3. Gogeta

    Gogeta Power Member

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    This can try come after me but all my accounts have bullshit details and I do not live in the US. Fuck ebay.
     
  4. MrsE

    MrsE BANNED BANNED

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    I think someone brought this up a little while ago..

    didn't know it was actually happening though?!?....holy shit, sucks for those guys!
     
  5. springer98

    springer98 Regular Member

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    You answered your own question. DP WAS the big time blackhatter pwning egay. For months on end, they were CSing their forum visitors.
     
  6. Gogeta

    Gogeta Power Member

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    I bet alot of the CSers who read this will stop stuffing ebay. Don't let ebay win milk the bastards dry.
     
    Last edited: Jan 12, 2009
  7. Arthas

    Arthas BANNED BANNED

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    anyone know how much $ they made off with or are being sued for?
     
  8. Mp3Mage

    Mp3Mage BANNED BANNED

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    So basically, it's CJ suing the defendants and not the epn network?

    Which country do you live in gogeta? edit: nevermind saw your location satus. =]

    Doesn't egay have an office there as well?

    :usa:
     
  9. springer98

    springer98 Regular Member

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    I have always believed that greed is the single major contributing factor to people getting caught at things like this. (Barring plain stupidity) If one would simply modulate their activities, change things around, turn it on then turn it off for a while, it would be much more difficult to get caught.

    But nooooooo. So many wind up killing the goose that lays their golden eggs, merely because they cannot control their greed glands and run everything on overdrive until it becomes blatantly obvious something nefarious is taking place.

    Shame on those who run amok and screw things up for the rest of us!
     
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  10. Gogeta

    Gogeta Power Member

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    lol CJ were stuffing ebay a couple of weeks ago so why don't egay sue CJ?
     
  11. punkcash

    punkcash Regular Member

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    i guess they didn't blank their ref....lol
     
  12. oceanman

    oceanman BANNED BANNED

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    punkcash u just celebrate your 3 year old birthday ?? blank referral...haha.
     
  13. punkcash

    punkcash Regular Member

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    hahaha i don't know shit about CS...just fkn around
     
  14. jimbobo2779

    jimbobo2779 Jr. VIP Jr. VIP Premium Member

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    Hmm the irony is that they were spouting bullshit about BHW members all being scammers at the time and then bam the lawsuit hit. Turns out DP members are teh real scammers lol.

    P.S just kidding.... I dont know much about nor care about DP and whether or not they are indeed scammers.
     
  15. misterajc

    misterajc Registered Member

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    No, but CJ would not bother suing them for one month's commission unless it was at least high five figures and probably six. This was probably going on for months or years, and egay is going after triple damages, legal fees etc. etc. so there are probably millions at stake here.
     
  16. gimme4free

    gimme4free Executive VIP Jr. VIP Premium Member

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    They quite quite openly stuffing their users with no security methods. eBay put up with it for enough and decided to take action.

    Lessons to be learned from this one:
    1) Don't put all your eggs in one basket;
    2) Don't take the piss
     
  17. xvoidx

    xvoidx Registered Member

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    Is this really true? I didn't know about this or else I probably would already own a condo there. How much protection do you get if you live in the Bahamas?
     
  18. ximscreamingx

    ximscreamingx Power Member

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    Probably not too much. My EPN payments come from "eBayAruba".
     
  19. springer98

    springer98 Regular Member

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    Not much. I really don't care to participate in hijacking this thred but I will refer you to this for your reading pleasure.
    Code:
    http://baumanblog.sovereignsociety.com/2007/08/extradition---c.html
    "We now return to our regularly scheduled broadcast"
     
    Last edited: Jan 12, 2009
  20. misterajc

    misterajc Registered Member

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    Yes. I own a condo in the Bahamas, and have a homeowners residence permit. It costs $250 a year, does not allow you to work in the Bahamas (but what you do with your broadband Internet connection is your business) and takes a couple of months to come through. You need a doctor's certificate to say you are in good health and a copy of your police record wherever you are currently living.

    Broadband internet is readily available through the cable TV company and is decent quality. The phone service there sucks so everyone uses Vonage or Skype for international calls. Food and consumer goods are more expensive, but there is no sales tax or income tax.

    There is no ebay office in the Bahamas, and Bahamian law is not the same as US law so it would probably be more trouble than it is worth for them to come after you there. It used to be a regular hang out for people selling illegal cable and satellite decoders. In fact Cable Bahamas does not pay for the US cable channels they sell to their consumers, they just grab them off the satellite broadcasts. Also, if you have a well connected lawyer on your side, that will help a lot in Bahamian courts. I recommend Fred Smith, (see http://www dot callenders-law dot com/page.php?CPID=30 )

    I like Grand Bahama rather than New Providence (Nassau) as it is much less crowded and real estate is cheaper, but if you like more bustling and hustling environment go for Nassau. The other islands are beautiful, but remote and without many facilities.
     
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