Originally Posted by XNine
Fair enough. However, if he were to miss a court date or provide evidence by the date mandated by court, that would fall into a new spectrum altogether. In my experience, failing to provide evidence is considered criminal, whether in a civil case or not.
I stated you were trolling because you said I don't understand the scope of this, which is untrue. However, i believe your intentions aren't to incite argument or flaming, so I apologize and hope you forgive me for that.
In the end, I'm just saying, he needs to stay and fight this. I'm not necessarily on Sony's side in all of this. There's a lot they've done that go beyond reasonable attempts to get information. I think it's dispicable some of the actions they've taken.
At the same time, I don't believe that he's completely innocent. That, of course, has to be proven through court, and if he's not guilty, then no matter my opinion, he's not guilty.
i as well think i come of perceived wrongly.
i'm not trying to say what geohotz did was "legal" or even "right". i do think sony has "convinced" a judge with a serious lack of judgement, to allow them to subpoena and retrieve information that goes beyond the scope of this "civil trial".
if anything, the one thing i was hoping this trial would expose, would be eula's...as they limit, well into laws, your rights as a consumer, they hamper most of the time "fair use", "second hand sale doctorine", and aren't properly presented, read, and understood before money exchanges hands for said products...and in most cases, there is no way to for you to get reimbursed if you do disagree with it...
Originally Posted by PhillyOverclocker
That's exactly what this story says he did.
And sorry bout that I didn't mean to attack you, I'm just telling it the way it is.
Remember OJ Simpson? If he had been sued in civil court first and lost the way he did, then that would have given prosecutors the go-ahead to bring about criminal charges against him.
Sony has the luxury of being able to do it the right way around. EDIT: If they find any evidence in this civil case that Geo broke the law in his proceedings, then you can be certain that a criminal trial will soon follow.
re-read the story, "sony claims he has fled to avoid turning over his harddrives".
i remember OJ simpson, he was accused of murder, which is a criminal case, which he was set free on, the civil case followed, and he lost, due to the "burden of proof" being lower in civil cases...the evidence against him in his criminal case could not prove beyond a reasonable doubt, but in civil court, could prove "clear and convincing evidence" that he was at least "liable" for it, even if the civil case had proceeded, the laws are quite different for criminal and civil acquisition of evidence and the admissibility of said evidence, so i don't believe the verdict of "liable" could've been used against him in the criminal case...
as for why i was sued, it wasn't for a "stupid" reason, and it wasn't any fault of mine.
i signed a contract with a fellow developer to create an extension (plugin) for a program that the customer owned the source code too (it was a inventory/POS system he had developed when he started his business.)
in the contract that was agreed to (signed by myself, the other developer and the customer), it was clearly stated i was only responsible for bug fixes and exploits that were directly related to my extension, and if a bug or exploit was indeed a result of my extension, i would issue an update for free, the contract was stated i would only be held responsible for a maximum of 2 years.
3 years later, the customer contacted the other developer, to complain of a "bug" that he had discovered, the other developer contacted me, i was able to reproduce the "bug" without my extension being installed, and since it was a year after my "contract" had expired, i told the other developer i wasn't responsible to issue an update for my extension since my extension wasn't the cause of the "bug" and that my "free" update period had expired, that if he wanted me too, i could potentially create a update for the program (which the source was released to me during the development), to fix the bug in the main program, but i would charge for it.
a few months later, i received a summons, stating i was being sued for damages, cause this "bug" apparently cost loss of profit to the customer, having to seek a third party developer to fix the bug, which was stated was due to my extension.
there was a week or so of litigation of emails and conference call meetings (as oddly as it is, the customer was located in new jersey.) shortly after that, the case against me was dropped as the plaintiff couldn't even produce the original contract, nor produce any evidence that my extension was causing the "bug" which "cost" him loss in profit.
there was another time where a customer went to sue me for breach of contract, which i was "liable" for, but he died before it ever got any where, and his family and business partner didn't wish to pursue the case, and that they were open to resolving the "breach", without involving the courts. (i breached the contract, after about 2 months of working with him, he would constantly berate my work, criticize harshly unfinished "features", would make "racist" comments about me being white, amongst other distasteful and rude comments and threatened to kill me on my voice mail, when i didn't answer cause it was 3 am and i was in bed, far outside the agreed upon "business" hours we had established cause i grew tired of answer calls at midnight, or five a.m. only to hear more berating comments about me, my work, my ethnicity and the virtue of my mother.)