Seller dayecon threating legal action against The Acaeum
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Post Posted: Wed May 09, 2007 1:28 pm 
 

Kingofpain89 wrote:
Did he already pull his auctions?  I can't find any under his seller ID.


Dayecock didn't have any auctions going; however he's bidding on a few things, mostly magic cards and strap ons.  BC's theory is that he's about to once again offer the same group of modules that keep getting "lost" in the mail and thus is trying to clear his plate by shutting down our "Shady Dealers" thread.

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Post Posted: Wed May 09, 2007 1:34 pm 
 

Badmike wrote:I'd join you, but I might accidentally win some of that crap.

Right, that's always the big worry when these vigilante-types take it upon themselves to mess with other people's bids.

I mean, what the hell would I do — wait! I mean, what the hell would that other guy do — with 4,000 Magic cards?  :wink:

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Post Posted: Wed May 09, 2007 3:02 pm 
 

Contrarian wrote:You can't block a seller, actually, but I wish you could.

Nonsense.  Just add "-VGC -titanium" to your search.  :lol:

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Post Posted: Wed May 09, 2007 3:33 pm 
 

You know it still utterly amazes me the new and inventive ways people keep thinking up to prove to everyone that they are total and complete asshats.

Seriously, where the hell do these people come from and what goes on in their tiny brains that makes them think pulling this sh*t is somehow a good idea?  I just don't get it. :?


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Post Posted: Wed May 09, 2007 5:54 pm 
 

Seriously, where the hell do these people come from and what goes on in their tiny brains that makes them think pulling this sh*t is somehow a good idea?  I just don't get it.



Hell look at for the entertainment factor BC. With out the likes of Dayecock and Cougartard think how boring life really would be.  :twisted:


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Post Posted: Wed May 09, 2007 7:28 pm 
 

Maybe we can sue him for being a nob :lol:

Dayecon or cock whatever you are, get a life :evil:


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Post Posted: Wed May 09, 2007 7:37 pm 
 

Kingofpain89 wrote:Our ridiculously flawed legal system allows morons like this to sue their neighbors for thousands of dollars because of retarded reasons like their dog pooped in their yard and the neighbor didnt clean it up.

Just from the top of my pointy li'l head; wouldn't a lot of your problems go away if the punitive damage was paid to the state, instead of being split up by the lawyer and the plaintiff? If the plaintiff were only awarded compensation for the actual damage, and then had to pay some ungodly percentage to the lawyer, maybe the incentive for crazy-ass lawsuites would go away.

just pondering -- MW

  

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Post Posted: Wed May 09, 2007 8:21 pm 
 

One word: SLAPP.

SLAPP lawsuits are illegal, and this is a blatant one.  Which means Dayecon is an idiot, especially if Dayecon believes that people will cave in under the least pressure simply because Dayecon believes he is right.

Oh wow, look at that!  Dayecon used three times in this post.  Wait!  Now it's four times.  *gasp*  I'm so f***ing scared here...NOT!

Dayecon (5th time), you're dismissed.



  


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Post Posted: Wed May 09, 2007 8:24 pm 
 

Traveller wrote:Oh wow, look at that!  Dayecon used three times in this post.  Wait!  Now it's four times.  *gasp*  I'm so f***ing scared here...NOT!

It's like the Knights Who Say Ni routine: "Oh, no, I've done it again!"  :)

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Post Posted: Wed May 09, 2007 8:28 pm 
 

'Nobody expects the Spanish Inquisition!'

(gratuitous Monty Python quote!)


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Post Posted: Wed May 09, 2007 8:40 pm 
 

Xaxaxe wrote:It's like the Knights Who Say Ni routine: "Oh, no, I've done it again!"  :)

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Post Posted: Wed May 09, 2007 9:19 pm 
 

Thanks for the laugh guys.

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Post Posted: Wed May 09, 2007 10:56 pm 
 

sorry, can't help myself....

'he wanks very highly in Wome.'


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Post Posted: Thu May 10, 2007 12:06 pm 
 

The Acaeum is still here this morning! Thank the gods! I thought for sure that DAYECONDAYECONDAYECONDAYECON's â„¢ lawsuit would have shut us down by now.

And, yes, you should picture lots of little rolly-eyes icons right about here. What a tool.

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Post Posted: Thu May 10, 2007 2:17 pm 
 

FoulFoot wrote:Hi folks,

I thought you should all be aware that seller "dayecon" on eBay (who purports to be Stephen Dayton at [email protected], and who allegedly represents Dayecon Inc, LLC), has informed us of his intent to sue this website for infringement of copyright.

Specifically, he charges that his company name, "dayecon", is used on this website without permission.  I checked, and his name has been used in several forum postings, most notably the "Shady Dealers" thread.  Seeing no violation of copyright in any of the postings, I told him that his name would not be redacted from any messages.

He replied today with the following:


Therefore, I'd simply like to let all of you know that I intend to stand by my position that his name will not be removed from the site.  Furthermore, I urge all of you to take the above into consideration when considering whether or not to deal with seller "dayecon" on eBay.

Regards,

Foul


Hey Foul -

I'm not sure how he thinks you are violating his trademark, but what I would be more concerned about would be a defamation claim.  Of course, truth is a 100% defense to defamation, so I'm sure your forums are fine!  For example, these cases that he mentions - do not show up on a google search and are not in Westlaw's database.  Others have already pointed out that his legal theory doesn't work because he doesn't have a trademark and copyright doesn't apply.  If you do get anything in the mail (not friggen likely) you can threaten the attorney will loads of sanctions and ethics complaints.  Let me know if you need more information on that.

Hilarious avatar, Xaxaxe.

In addition, if you guys need any detailed legal information more than you can find on Google, feel free to shoot me a PM; I am a law student and have free access to all the online resources (at least until I graduate in Dec.).  


As a small caveat, I'm not (yet) an attorney so don't go getting me in trouble!



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Post Posted: Thu May 10, 2007 6:00 pm 
 

I guess the "small caveat" explains her facial expression in your avatar, eh?


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Post Posted: Thu May 10, 2007 6:20 pm 
 

Seriously, you've got to love an aspiring attorney who uses the greatest sexual-harrassment picture of all time for his avatar!  :)

(And, really, she doesn't look too pleased. I think she's got a case. :wink:)

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Post Posted: Sat May 12, 2007 3:19 am 
 

So...dayecon wants to sue because his anonymous name has been used in print?

By the same logic, wouldn't it then be possible for any company to sue any print media source for printing anything said company does not like.

For instance, if I were to write that I dislike Ford automobiles or Time magazine or Shell Oil or Sears...then they could sue me because it is illegal to write down their names?

Under that interpretation, for instance, Consumer Reports could be sued for saying that one brand of pancake mix tastes better to them than another.

It would also be possible to sue for complaining that Winston cigarettes cause cancer or that my Wonder Bread wasn't all that wonderful.

Under that interpretation of the law, it would be impossible to mention the name of any company at all in any sort of written media without infringing a trademark.

I imagine that it might be possible to sue for libel if someone made false statements online that damaged another person's reputation.  In that case, the complaintant would have to prove that the statement was false.  In the case of a newspaper, the compaintant would also have to prove not only falsehood but also malicious intent.

Remember when Hustler magazine was sued by Jerry Falwell (of the Moral Majority) for using his picture and some heinous text in their porn magazine?  Specifically, Hustler published a fake advertisment in which Jerry Falwell confessed to having his first sexual experience as a boy, in the family outhouse, with his mother.

Despite the fact that Hustler used Falwell's name and image...and printed outlandishly false and grotesque things about Falwell...and did so in an advertisment claiming to directly quote Falwell...Hustler won the resulting libel suit.  They argued that anyone reading Hustler magazine was already likely to have a negative opinion of Falwell.  They also argued that their spoof ad was over-the-top and not likely to be mistaken for reality by any sensible person.  Falwell lost his suit.

In the 1980's, Time magazine printed a false report about (then) Israeli Defense Minister Ariel Sharon.  There were two versions of the lawsuit...one in Israel and one in the United States.  The Israeli version of the suit lasted two hours and resulted in a victory for Sharon...since the Israeli definition of libel only required that the information be a deliberate falsehood.  (In point of fact...and by their own admission in court, Time knowingly fabricated details in a printed news report.)

Sharon's American lawsuit dragged on for months.  Although Sharon was able to prove that Time knowingly printed false information...and that the article falsely impugned his character...he lost his case.  In America the complaintant in a libel case has to prove malice.  Sharon could prove that Time lied out of thin air...but he could not prove that they deliberately and maliciously tried to damage his reputation.

(For the truly interested...and I realize I am way off topic...follow the link below for  details about the 1735 libel trial of Peter Zenger.  Zenger had printed negative editorials about William Cosby, the British governor of New York colony.  Under British law, all that needed to be established was that Zenger had printed something negative about a representative of the British government.  Zenger won his case and was found innocent because the American jury refused to follow British law.  They ruled that Zenger was innocent because the things he printed about Cosby were true. The case is still considered to be a landmark both for its establishment of a distinctly American legal precedent and because it was one of the first glimmerings of what would eventually become the American Revolution.)

http://www.founderspatriots.org/article ... zenger.htm

So, anyway...good luck dayecon.

It would be wise, however, to confine online statements about Ebay sellers to straightforward statements of fact.

Mark   8)


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