Microsoft Sues Amish Shah
- Thread starter evasive
- Start date
The case was filed in April 2010, not long after Magic Bullet launch.
What is not clear is whether M$FT wants to make an example out of them and establish a new legal theory or Amish was a dumbass and ignored their cease and desist.
According to the document they are fighting the suit (filing motion to dismiss), but I am curious if they had any other choice, i.e. been offered to settle.
Does anyone have info what has been happening behind the scenes?
How does this work usually? Is microsoft required by law to send a cease & desist before they can sue? OR can they sue directly without having to send anything?
I remember Microsoft suing Jesse Willms for selling counterfeit Windows, and Willms settled for around 1 million dollars.
I remember Microsoft suing Jesse Willms for selling counterfeit Windows, and Willms settled for around 1 million dollars.
Anybody can sue anybody for anything.
The question is whether their primary interest was to sue to get damages / prove legal theory / make an example OR they would be content with just C&D.
According to what I know, C&D notices are served by either a Judge like after a trial so as to prevent illegal activity.
Whereas C&D letters can be framed by individuals to people asking them to restrain from a certain activity or else face legal action. These letters don't mean as much when they're not from a judiciary body.
The topic of "reasonable apprehension to litigation" has to be brought up when discussing law related to C&D notices. Also, an individual is allowed to reply with a declaratory judgement proceeding from the court in his own jurisdiction.
Source - Have been reading up on Wiki & Other Sources since I received a bunch of these a few months ago.
Also, I've known cases wherein the C&D is used against the person who received it during the proceedings. The company/individual who sent the notices inform the court about the C&D claiming that they made the recipient aware of the losses before initiating the proceeding and that the recipient refused to budge despite of warnings.
Whereas C&D letters can be framed by individuals to people asking them to restrain from a certain activity or else face legal action. These letters don't mean as much when they're not from a judiciary body.
The topic of "reasonable apprehension to litigation" has to be brought up when discussing law related to C&D notices. Also, an individual is allowed to reply with a declaratory judgement proceeding from the court in his own jurisdiction.
Source - Have been reading up on Wiki & Other Sources since I received a bunch of these a few months ago.
Also, I've known cases wherein the C&D is used against the person who received it during the proceedings. The company/individual who sent the notices inform the court about the C&D claiming that they made the recipient aware of the losses before initiating the proceeding and that the recipient refused to budge despite of warnings.
That's the question. Did Amish received C&D first? Did he comply or decided to have a legal fight with Microsoft?
Basically if Microsoft is not looking to have lawsuit for lawsuit sake (to make an example out of your, try to get damages, etc) all you have to be is not be an idiot and comply with C&D. However if M$FT wanted to have lawsuit to prove a point then you are screwed having to spend $$$ to defend yourself.
Just curious what is the case here.
Basically if Microsoft is not looking to have lawsuit for lawsuit sake (to make an example out of your, try to get damages, etc) all you have to be is not be an idiot and comply with C&D. However if M$FT wanted to have lawsuit to prove a point then you are screwed having to spend $$$ to defend yourself.
Just curious what is the case here.
Amish and Jay tried to get the case (or at least most of the charges) thrown out. The judge didn't agree and so it's moving forward. They are totally trying to fight it, so I'd say they are totally screwed. If they received a simple C&D before the lawsuit I'm sure they would have complied. They aren't THAT stupid.
Amish abandoned the site from the case study for the first launch of MBS pretty soon after the launch. What's novel about this case is the "Contributory Cybersquatting" charges - he encouraged others to infringe on MSFT's marks and created a platform (MBS) in order to do so. This part of the charge seems a bit far fetched.
I do know that quite a few copycat sites using MSFT's marks showed up Yahoo! paid search results immediately after the case study video was released.
I do know that quite a few copycat sites using MSFT's marks showed up Yahoo! paid search results immediately after the case study video was released.
Who cares if the prick just got married, think of all the people he screwed out of money with his shitty products, what desperate situations do you think they were all in.
yea of course they're trying to fight it, they're being sued personally.
microsoft usually goes for the jugular, they don't fuck around.
it's funny watching you guys hate on this guy for pushing his products. I don't know if it's jealousy or what.
well, his personal liability is what happens when you tie your name as a guru to the product. they try to pierce that corporate veil so fast it's not even funny.
[ame=http://www.youtube.com/watch?v=WozCn5rCWJs&feature=player_embedded]YouTube - Frank Kern Presents Magic Bullet[/ame]
The droid has spoken » Microsoft vs. The Syndicate’s Magic Bullet
The droid has spoken » Microsoft vs. The Syndicate’s Magic Bullet
In that video, Amish opens with "One of the biggest influencers in my life is Frank Kern."
I wonder if he sees the irony in that, now he's truly following in Frank's footsteps and being sued for everything he has.
I wonder if he sees the irony in that, now he's truly following in Frank's footsteps and being sued for everything he has.