California Case Update

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jörgk said:
are you an vampire? wake up in the night ? ^^
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Due to my albinism I am way more sensitive to the daylight than others. I get headaches, my eyes get tired more quicker, etc. I feel better longer, during nightly hours. I've always shifted my cycle by up to 6 or 8 hours. I can only do so much with my eyes in a day. And I feel like **** the majority of the day. At least being awake at night stretches those good hours.
 
Floris said:
Due to my albinism I am way more sensitive to the daylight than others. I get headaches, my eyes get tired more quicker, etc. I feel better longer, during nightly hours. I've always shifted my cycle by up to 6 or 8 hours. I can only do so much with my eyes in a day. And I feel like **** the majority of the day. At least being awake at night stretches those good hours.
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I live the american timezone Floris also, but I just find it lets me get on with my work in peace at night, rather than in the day with people interupting me all the time.
 
Floris said:
Due to my albinism I am way more sensitive to the daylight than others. I get headaches, my eyes get tired more quicker, etc. I feel better longer, during nightly hours. I've always shifted my cycle by up to 6 or 8 hours. I can only do so much with my eyes in a day. And I feel like **** the majority of the day. At least being awake at night stretches those good hours.
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uh,
that is not good.
now i know, why i see you always here late in the night!
 
jadmperry said:
Near impossible to refute such a statement without clarifying exactly what you mean- the "technicalities" pretty much define the scope of the jurisdiction. For example, British Petroleum would be really happy if "US law does not apply to a UK business." That would sure have saved them a bunch of money from cleaning up the Deepwater Horizon.

The point remains, it would be foolish to ignore a lawsuit because you are a foreigner on the hopes that being foreign means you will have some shield from judgment. Sure, enforcing judgments can be a pain for anyone. However, at the end of the day, people are subject to enforcement of foreign judgments all the time.
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The Dark Wizard said:
Very easy solution

https://www.alertpay.com
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As I understand this, the US Court can also force alertpay... and every other "payment gateway" except of an e-banking transfer directly to xf... but this would mean, the customer does something illegal.. or am I not correct?
 
Slavik said:
Well lets keep it simple.

I set up a shop in the UK selling completely organic milk (unpasturised).

A US citizen on holiday in the UK buys some of my milk, drinks it, gets ill and tries to sue me in the US because US law states all milk must be pasturised.

Even if the US court ruled I was wrong, I would be unaccountable as I am not subject to US law. They could rule I am not to sell any of my milk, and make it against the law to buy my product (which could be enforced on the US citizens), but they could not stop me continuing to sell my product.

In real simple terms, basically this is what is happening with XF and VB.

As for the BP disaster, they ARE subject to US law as they are an opperating entity within the US.
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Sigh...it is impossible to discuss this as you are mixing so many different topics together (in personam jurisdiction, subject matter jurisdiction, extra-territorial application of laws, recognition and enforcement of foreign judgments) in an open ended hypothetical (that is quite different from what is happening in this case). This is not to take a poke at you, it is just that the situation is much more complicated than "I am not in the US, so I have nothing to fear from a US court."

I leave it with three points:
1) I think that the court has erred in finding jurisdiction (both subject matter and in personam) over XF.
2) As a general matter, it is foolish to not respond to foreign suits just because they originate outside of your home country. (You might not respond, perhaps with some risk notwithstanding, for a number of tactical or pragmatic reasons...but, again, this is different than thinking that the international nature of a suit offers a powerful shield).
3) I think at the end of the day, XF wins.
 
Daniel Thomann said:
As I understand this, the US Court can also force alertpay...
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AlertPay is a Canadian company. US court wouldn't have jurisdiction. if XenForo shifted to a new payment company in a new country, IB would have to go to that court system to try and get an injunction. Additionally IB could ask Visa / Mastercard, US based companies, to block payment.
 
EasyTarget said:
AlertPay is a Canadian company. US court wouldn't have jurisdiction. if XenForo shifted to a new payment company in a new country, IB would have to go to that court system to try and get an injunction. Additionally IB could ask Visa / Mastercard, US based companies, to block payment.
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Like they did to wikileaks o.O
 
jadmperry said:
*snip*
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No, I understand exactly what you are saying, don't get me wrong on that, however, the point i'm trying to make is in reality, the judge has (in my opinion) wrongly applied personal jurisdiction of the issue in the US system, when he should have handed it over to the UK system.

I also get what your saying, my mind is in a bit of a mess at the moment, im tryng to proccess a lot of things at once, so my coherencey may be a little... questionable.
 
I think most judges would tend to tailor their enforcement measures against the defendant...i.e., it is easier to compel the one party to do something than to try to order everyone on the planet to do something. The judge could sanction a single party more effectively than trying to reach out with an unwieldy remedy (as an example, judge levies daily fine until party complies with its order....again, this veers into some complicated territory).

The point is that I think an order directed to "all purchasers" would never issue from a court. The orders would be directed more likely to a party.
 
Anyway, all this talk is a tad premature, they haven't been found guilty! We ideally need to hear what the Judge said and when the next court date is.
 
Shamil said:
XENFORO LIMITED, a United ) Kingdom entity; KIER DARBY, an ) individual; MICHAEL SULLIVAN, ) an individual; ASHLEY BUSBY, an ) individual; DARREN GORDON, an ) individual; COLIN FREI, an ) individual; and MERT ) GOKCEIMAM, an individual.
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THE HELL!?!?! WHY THOSE SCOUNDRELS! Going after guys like Colin and Mert!! :( MAN they have no shame!! :(
 
Well Kier, all this falderal is just an expression of our frustration in not being able to do anything more constructive than just vent. There are a lot of folks here who respect and support you. Wish we could shoulder some of the burden you guys are having to carry. Keep up the good fight! If you ever need a shoulder.........
 
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