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On January 19 2013 06:17 dAPhREAk wrote:
to all the people talking about lawyers, in these types of cases the attorney usually works on contingency (i.e., you dont pay unless they win). however, finding a lawyer who would do this case for such a low amount of damages is unlikely especially considering an out-of-country defendant. a lawsuit is not practical in this case.
Having gone through the effort to file a legal action for a client against someone who is not in the US or a citizen, it is a HUGE amount of work. Plus since the amount is over $25,000, it would be a Superior Court action, which take a minimum of two years to resolve, without an appeal. If he would like need to go to Federal Court because Owned is not based in the US, as well.
In short, it would be a crap ton of work over two years and even if he won, who knows if he would get the money. Owned might be gone by then, owners and founders nowhere to be found.
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to make things clear, as i see that iam added to the op, in the end, i got paid by own3d full amount, though after a long time.
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Maybe the streamers can unite? Isn't a class action suit made for this cases?
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John Clark just hit the nail on the head in ChanmanV's show.
There isn't enough money flowing through eSports for a large number of people to be able to sustain themselves from it.
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On January 19 2013 06:21 grockey wrote:
The only reason I like own2d better ATM is because my little bro used my comp to post porn links in chat channels on Twitch and now I'm IP banned. I've contacted Twitch but they won't help me. I wish I wouldn't have paid for subbing to channels if I wasn't going to be able to use the service.
You are going to need to get a new ISP before they let you back on. Also, I would stop trying to call Twitch, since I’m pretty forgiving and I would never take that IP off my blacklist.
Also, once you get a new provider, I also strongly recommend slapping the hell out of our brother for being a idiot.
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On January 19 2013 07:07 PuercoPop wrote:
Maybe the streamers can unite? Isn't a class action suit made for this cases?
in which country and according to which set of laws? and even as a class, is there really enough money to justify it?
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On January 19 2013 07:10 dAPhREAk wrote:Show nested quote +On January 19 2013 07:07 PuercoPop wrote:
Maybe the streamers can unite? Isn't a class action suit made for this cases? in which country and according to which set of laws? and even as a class, is there really enough money to justify it?
Well the US is the most valueable market, so that is where you would file suite. However, I don't know if non-citizens can be involved with a class-action or how any of that would work. So you are correct, not worth the money or time.
To quote one of the local judges around here: "There a lot of problems and many of them cannot be solved by the Court."
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On January 18 2013 11:07 Lord Lunga wrote:
Obvious question: Why isn't Destiny suing them?
It seems so silly, you have a legally binding contract that they aren't fulfilling. Get a lawyer, make Owned pay for the lawyer fees and whatever they owe you. You can't lose...
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On January 19 2013 07:16 Steel wrote:Show nested quote +On January 18 2013 11:07 Lord Lunga wrote:
Obvious question: Why isn't Destiny suing them? It seems so silly, you have a legally binding contract that they aren't fulfilling. Get a lawyer, make Owned pay for the lawyer fees and whatever they owe you. You can't lose...
Costs for getting a lawyer, and even getting the case started will generally cost more than the money that's in question.
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On January 19 2013 07:02 Plansix wrote:Show nested quote +On January 19 2013 06:17 dAPhREAk wrote:
to all the people talking about lawyers, in these types of cases the attorney usually works on contingency (i.e., you dont pay unless they win). however, finding a lawyer who would do this case for such a low amount of damages is unlikely especially considering an out-of-country defendant. a lawsuit is not practical in this case. Having gone through the effort to file a legal action for a client against someone who is not in the US or a citizen, it is a HUGE amount of work. Plus since the amount is over $25,000, it would be a Superior Court action, which take a minimum of two years to resolve, without an appeal. If he would like need to go to Federal Court because Owned is not based in the US, as well. In short, it would be a crap ton of work over two years and even if he won, who knows if he would get the money. Owned might be gone by then, owners and founders nowhere to be found.
requires 75k alleged damages to get diversity. it would be handled in a state court, likely whichever one Destiny resides in.
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On January 19 2013 07:16 Steel wrote:Show nested quote +On January 18 2013 11:07 Lord Lunga wrote:
Obvious question: Why isn't Destiny suing them? It seems so silly, you have a legally binding contract that they aren't fulfilling. Get a lawyer, make Owned pay for the lawyer fees and whatever they owe you. You can't lose...
Unless the contract or state law stipulates otherwise, in America the general rule is AGAINST loser pays. This is different than most other systems.
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On January 19 2013 07:20 Animostas wrote:Show nested quote +On January 19 2013 07:16 Steel wrote:On January 18 2013 11:07 Lord Lunga wrote:
Obvious question: Why isn't Destiny suing them? It seems so silly, you have a legally binding contract that they aren't fulfilling. Get a lawyer, make Owned pay for the lawyer fees and whatever they owe you. You can't lose... Costs for getting a lawyer, and even getting the case started will generally cost more than the money that's in question.
This is a case where any lawyer could do it for you. You could really just pay a really cheap lawyer for this, it's not that complicated. Even if he's bad, he'll be good enough for this.
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lol. lawsuits dont end when lawsuits end. lets say destiny sues him wherever destiny lives. owned says "fuck that, try to enforce it." destiny gets a default judgment for the full amount (court will still determine how much is due and you cant ask for an exorbitant amount). now what? unless owned has assets where destiny lives (or in the US), destiny has to take the judgment to austria (is that where owned is located?) and file a SECOND lawsuit to enforce the judgment. both lawsuits will be expensive, and the damages will not increase (except by interest).
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On January 19 2013 07:27 BluePanther wrote:Show nested quote +On January 19 2013 07:02 Plansix wrote:On January 19 2013 06:17 dAPhREAk wrote:
to all the people talking about lawyers, in these types of cases the attorney usually works on contingency (i.e., you dont pay unless they win). however, finding a lawyer who would do this case for such a low amount of damages is unlikely especially considering an out-of-country defendant. a lawsuit is not practical in this case. Having gone through the effort to file a legal action for a client against someone who is not in the US or a citizen, it is a HUGE amount of work. Plus since the amount is over $25,000, it would be a Superior Court action, which take a minimum of two years to resolve, without an appeal. If he would likely need to go to Federal Court because Owned is not based in the US, as well. In short, it would be a crap ton of work over two years and even if he won, who knows if he would get the money. Owned might be gone by then, owners and founders nowhere to be found. requires 75k alleged damages to get diversity. it would be handled in a state court, likely whichever one Destiny resides in.
Ah, I have dealt with two international cases in my career and we were successor counsel on one. Mostly we deal with defendants dragging out cases up to Federal court and the court slapping them back down to the state courts like wack a mole.
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On January 19 2013 07:30 BluePanther wrote:Show nested quote +On January 19 2013 07:20 Animostas wrote:On January 19 2013 07:16 Steel wrote:On January 18 2013 11:07 Lord Lunga wrote:
Obvious question: Why isn't Destiny suing them? It seems so silly, you have a legally binding contract that they aren't fulfilling. Get a lawyer, make Owned pay for the lawyer fees and whatever they owe you. You can't lose... Costs for getting a lawyer, and even getting the case started will generally cost more than the money that's in question. This is a case where any lawyer could do it for you. You could really just pay a really cheap lawyer for this, it's not that complicated. Even if he's bad, he'll be good enough for this.
Does Owned even has a US branch to serve? From my understanding, they are in Australia and I don't know if they have a local(as in the US) office.
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Yes, a lawer is quite expensive, but seeing that so many are missing money maybe some could group up for some joint or class act case?
/Y
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On January 19 2013 07:55 Yamaeda wrote:
Yes, a lawer is quite expensive, but seeing that so many are missing money maybe some could group up for some joint or class act case?
/Y
If there is an Austrian lawyer who is also an SC2 fan and was rich, he could offer to buy Destiny's and everyone else's claim on Owned.tv from at a reasonably large discount. Give Destiny 20% of what he is owned, in exchange get the claim on OwnedTV and hope they actually have enough money to make that worth it.
Anyway -- all the lawyers on here who are SC2 should get together and create a generic contract for both streamers and pros pro bono. And players need to make sure that they sign contracts with entities that have assets and that players can reach those assets.
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On January 19 2013 08:08 Sub40APM wrote:Show nested quote +On January 19 2013 07:55 Yamaeda wrote:
Yes, a lawer is quite expensive, but seeing that so many are missing money maybe some could group up for some joint or class act case?
/Y If there is an Austrian lawyer who is also an SC2 fan and was rich, he could offer to buy Destiny's and everyone else's claim on Owned.tv from at a reasonably large discount. Give Destiny 20% of what he is owned, in exchange get the claim on OwnedTV and hope they actually have enough money to make that worth it. Anyway -- all the lawyers on here who are SC2 should get together and create a generic contract for both streamers and pros pro bono. And players need to make sure that they sign contracts with entities that have assets and that players can reach those assets.
and subject themselves to malpractice lawsuits if things go south? nah.
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On January 19 2013 07:03 FXO.Slavik wrote:
to make things clear, as i see that iam added to the op, in the end, i got paid by own3d full amount, though after a long time.
I think this should be added to the OP.
To the lawyer discussion: we don't know the specific text of the contract. There might be a clause regarding payout time and/or more detail regarding the sponsored event. We just don't know. And I certainly won't take Destiny's word for it. I never take anyone's word for serious that has pics of his dick on the internet.
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Well, players should for a union,same as any other jobs.
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EPT
