Retired Forums > Riddick/Imageline Letter Forum
Is Riddick Dead?
SoylentGreen:
The Imageline/HP case was in fact dismissed "With Prejudice", so it is OVER.
"ORDER by Judge S. James Otero. Having reviewed the parties Stipulation for Dismissal of Action With Prejudice 20 and finding good cause thereon, that this case be dismissed in its entirety with prejudice, with each party to bear its own costs and fees incurred against each other. (Made JS-6. Case Terminated.) (jp)"
http://docs.justia.com/cases/federal/district-courts/california/cacdce/2:2011cv00172/491489/21/
Is there documentation available that shows that the CafePress decisions was "without prejudice"?
I'm curious about it.
Normally, "dismissed" means that the judge made a decision that the plaintiff couldn't prove his/her case.
If a settlement is made before the judge renders a verdict, the plaintiff would file a "voluntary dismissal".
Yes, he could re-file if the decision is "without prejudice"
However, if the judge in the first round felt that he didn't have a case, this may not be worthwhile.
He could file a lawsuit with the same material facts. If there's nothing "new", the defendant will just file for summary dismissal.
Recent court precedents have made bulk copyright registrations practically useless for the enforcement of copyright.
Also, the artwork of Imageline/Riddick is mainly too "generic" to enforce as "unique".
Imagine if I made a line-drawing of an apple and copyrighted it.
Then, ran a shake-down business and pursued anyone who has a drawing of an apple on their web site.
That's what it's like.
People pay the $100 dollars to file a lawsuit all the time as an intimidation tactic. It's $50 in Canada, I think.
Yes, some people are quite intimated by that. It's stressful.
But, the chances of Riddick gaining any traction with what he has is pretty slim.
Also, he can only afford to lose so many times.
Yes, anything is possible. But, I wouldn't send him any money.
S.G.
YetAnotherRiddickVictim:
A dismissal with prejudice on the stipulation of both parties and where each bears their own costs is usually a settlement.
OTOH, Riddick has mostly sued with contingency lawyers who saw dollar signs and would hold on to the case like pitbulls. Telling him to pound sand when he hits you with a demand letter is one thing, but if he sues with a lawyer, you cannot afford to ignore that. You don't want to try to appeal a judgment on a case you lost because you willfully defaulted.
I wish I could talk about the specific facts of our case, but I'm prohibited by the settlement. Let me just say, a dedicated asshat with a lawyer can cause you a lot of trouble and cost you a lot of money, whether he's right or not. If you get a letter from Riddick or someone like him, don't base your legal strategy on the bravado of some anonymous board poster. Call Oscar or someone like him and get help.
Matthew Chan:
I have not heard a peep from anyone regarding what Riddick is up to. I am guessing our online efforts have been a contributing reason to his disappearance. The online battle was just too much for him. He didn't have a soul on his side and he certainly didn't have anyone's respect.
Although I never had to take Riddick on directly like some of you, it is not hard for me to imagine how I might react. Hence, I understand and agree with many of your sentiments.
Sometimes you just have to take out the big hammer and use overwhelming force to prove a point and I think that is what ultimately happened.
--- Quote from: RiddickCritic on January 15, 2012, 09:52:58 AM ---Like all trolls, this jerk (I'm trying to keep this PG-13) should go back under his bridge.
This clown was his own worst enemy. Picking on moms and housewives using embroidery patterns was stupid enough, but going after HP, and especially Bernina, was the textbook definition of "over-reach". Plus I know that there are a few people here who stood up to the bully and told him to go pound sand.
If he so much as looks in my direction again, I will hit him with the force of a hurricane.
George, go back under your bridge, wallow in your misery, continue to pick the toe jam from your smelly feet, and stop wasting everyone's time with your bullying tactics. With the internet, we are able to share information thanks to sites like this & contributors such as the participants on this board.
If you look in our collective direction again, we will CRUSH YOU. Read that again: we will hit you back HARD. Fines, rulings, court costs, attorney's fees, etc.
George, if karma is real, you should be constantly looking over your shoulder, because you've certainly gone to the well too many times.
--- End quote ---
Matthew Chan:
It is always a calculated risk in these matters. I always tell people to be careful what you say or do. Your bluff could be called. I don't like to bluff because I don't want to be called on it. So I am careful to only say things I have every intention of following through.
I am certainly one of those people who has a bit of an attitude but I am always scanning the environment and reassessing my position. It doesn't mean I could never lose or have never lost but you certainly have to pick and choose your battles.
I am not a big proponent of simply ignoring a threat because I believe it spurs the other side more to get you. It angers them more that you are trying to dodge a bullet than facing the issue head on. Obviously, that is a simplistic statement on my part. There are many variables involved.
Hindsight is always 20/20 but I am always a big believer in covering your tracks. And that means responding even if it costs you time and energy. To not respond can have very unexpected and unintended consequences as you hinted at.
But it seems, for now, Riddick is off the map. But you can be sure, ELI will be among the first to know about it if Riddick resurrects his extortion business.
--- Quote from: YetAnotherRiddickVictim on February 03, 2012, 11:55:09 PM ---OTOH, Riddick has mostly sued with contingency lawyers who saw dollar signs and would hold on to the case like pitbulls. Telling him to pound sand when he hits you with a demand letter is one thing, but if he sues with a lawyer, you cannot afford to ignore that. You don't want to try to appeal a judgment on a case you lost because you willfully defaulted.
I wish I could talk about the specific facts of our case, but I'm prohibited by the settlement. Let me just say, a dedicated asshat with a lawyer can cause you a lot of trouble and cost you a lot of money, whether he's right or not. If you get a letter from Riddick or someone like him, don't base your legal strategy on the bravado of some anonymous board poster. Call Oscar or someone like him and get help.
--- End quote ---
RiddickCritic:
Agreed Matthew.
There's been so much good information exchanged here, and so much support, we're all very fortunate and grateful to you & Oscar for keeping up the vigilance.
When I was growing up, I had an early growth spurt, and I was usually "a hand" taller than most kids. I also had a pretty strong sense of right & wrong (thanks, Mom & Dad) from an early age. So I often found myself in the position of protecting kids from bullies. Even now, the best way to light a fire under me is to violate my sense of fairness.
I hope Riddick slithers back under rock he came from, forked tongue, soft white underbelly and all. If he wants to strike anyone here, I hope he understands that he's taking us all on.
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