View Poll Results: Have you ever been to Court on an issue relating to your web hosting business?

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  • Yes

    8 18.18%
  • No

    36 81.82%
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  1. #1

    ArmChair Attorneys

    It's amazing how many people offer "legal advice" here. Seeing all these ArmChair Attorneys I have to ask;
    How many people have been to court over a web hosting issue? I don't mean a settlement or letters. I mean in court with Lawyers and a Judge to decide an issue pertaining to your web hosting business.

    Be honest...

  2. #2
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    What is amazing is how many people always threaten action with a lawyer knowing they don't even have one on retainer

  3. #3
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    Don't take this the wrong way but it's the American Dream, to sue some fat cat and live on easy street for the rest of your life.
    Nobody has and sense of responsibility anymore.

    Hey, I have cancer. Sue the cigarette companies for making me smoke.
    Hey, I'm fat. Sue the fast food companies for making me eat their food.
    Hey, I burned my leg with coffee. Sue McDonald's for serving their coffee too hot.

    We have children suing parents, people suing the electric company because they got drunk and ran into a power pole, people suing gun manufacturers because someone used a certain type of gun to kill. And we have people who want to sue their web host because their site was down for an hour. Where does it end?

    We all pay higher insurance rates for virtually everything because of frivolous law suits.

    Why would anyone even want to pretend to be a lawyer?

    That's my rant for the day.

  4. #4
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    LOL, yeah, that's an unrelated topic (not what Watcher_TVI was saying), but I hear you. I love the emails I get from people who get banned. I have many, but some good ones:

    "I am also in contact with a lawyer to discuss what you have done 2 times"

    His posts were removed.

    "please explain ASAP why I cannot use the forum . If I don't receive a reply immediately and you will turn ON my forum permission IMMEDIATELY I will ask a <snip> chargeback today and I will contact my lawyer to act against YOU , you are adviced ."

    He was banned.

    Anyhow, I don't entirely see how 'offering legal advice' and 'going to court over a web hosting issue' are related. If you're trying to discredit someone (or several people), then you need to make a better point. If you're question is, "How many people have been to court over a web hosting issue?" then that's one thing, and an interesting question. But your tangent of 'offering legal advice' and, "Be honest... " leads me to think you're trying (poorly) to make another point.

    Many people offer legal advice who shouldn't (your neighbor, your brother or sister, your mother or father, your friends, etc.). Unless you've been living in a hole for your lifetime, you've come across these people. Is this news? Not to me at least.
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    • Chicken

  5. #5
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    Re: ArmChair Attorneys

    Originally posted by Watcher_TVI
    It's amazing how many people offer "legal advice" here.
    I'm with Chicken; it's not really "amazing" because it's not unique to here. It's quite common. People offer legal advice all the time. They also coach their favorite football team, and they all are apparently very talented television programmers, newspaper editors, etc.

    The point is that people like to offer their opinions on things. And actually if anything were amazing, it'd be that people ask for legal advice from people whom they've for the most part never met, and know almost nothing about -- except that they aren't lawyers.
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  6. #6
    Quote Originally Posted by Chicken
    Anyhow, I don't entirely see how 'offering legal advice' and 'going to court over a web hosting issue' are related. If you're trying to discredit someone (or several people), then you need to make a better point. If you're question is, "How many people have been to court over a web hosting issue?" then that's one thing, and an interesting question. But your tangent of 'offering legal advice' and, "Be honest... " leads me to think you're trying (poorly) to make another point.
    You're on a Witch Hunt Chicken. I'll explain what I was thinking for you.

    There have been a LOT of threads lately with many different people posting what would amount to legal opinions. No I am not talking about anyone in particular. If I had someone in mind I would have probably talked to him or her off the forum. I am just curious as to how many people have really been involved in a courtroom issue over a web hosting issue.

    I don't have to posses some hidden agenda to post a poll here do I?

  7. #7
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    Sure there's been several this past week - we've had several hosts suddenly disappear.

    Whenever business is involved you're always going to hear about lawyers, and legal advice. Nobody wants to "get screwed"

    And as a lost resort, some threaten legal action (sometimes with no legal ground to stand on). It's a bargaining chip - the word -lawyer- seems to carry with it a certain feeling of fear.

    And one more thing - taking somebody to court over several dollars is really a complete waste of time. No company or client is willing to "go all the way"
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  8. #8
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    And many posts asks for legal advice, knowing that they won't be receiving it from an attorney.

    Some people are pretty adept at legal issues. Some are toatally confused. A person that gets around the law library fine can help shed some light for someone that didn't know there's a public law library. Let alone, how to use it.

    My post ain't about law libraries. It's about the expectations of the person seeking advice.

    If he wanted advice from an attorney, he would have went to an attorney.
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  9. #9
    about people threatening to bring suit: if you are unable to spell two and three syllable long words, i reserve the right to disbelieve the fact that you can afford an attorney and ridicule you in response to the threat.

    about people giving legal advice: even lawyers will often need to perform a substantial amount of research to render a recommendation. when you receive legal advice from anyone other than a legal professional who has researched the issue at hand, please assume that it is just an opinion based on common sense and a varying amount of background information. with that said, some have more common sense than others and are quite able to give useful opinions.

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  10. #10
    I think in the US the legal lobby has everyone thinking sue first and see if it was smart later.

    Most people that say go "get a lawyer" over a $50 or $100 issue haven't priced a decent Attorney lately. 9 out of 10 times it's not worth it unless you are talking substantial amounts of money.

    I don't know many Attorneys but the ones I do know wouldn't even walk into a courtroom for less then a grand.

  11. #11

    Dirt settling

    Why do you exclude out-of-court settlements from the poll? ADR, arbitration and mediation are very much a lawyer's work.

    Just because a matter doesn't get judged in court doesn't mean it's not "legal experience". I'd say out-of-court settlements adds more to a person's knowledge than cases decided by a judge. In fact, the vast majority of cases are settled (I think it's 90 per cent).

  12. #12
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    An actual lawyer in most states cannot give advice to anyone here. That is why you do not see free help legal services, forum style situations. There may be some states (lawyers are governed by state law) that do not have this restriction, but I am unfamiliar with any such state.

    I have a family full of lawyers, though I do not use them for my business, I like my lawyers mean. We have also had some pretty amazing lawyers in the privacy and copyright front offer us private advice on some subjects.

    I have never been to court, as that would be losing, unless you are on the offensive, you don't ever want it to get to court (not counting court orders served against us for information on users who comitted crimes). We have been served numerous times, have been threatened more times than I can count.

    I imagine there are many people here who have explored the legal ramications of certain acts, or have had a lawyer look into an aspect of their business. That is valid information, that does not need to be tested in the courts, and is nice that people share.

    Chet

  13. #13
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    about people threatening to bring suit: if you are unable to spell two and three syllable long words, i reserve the right to disbelieve the fact that you can afford an attorney and ridicule you in response to the threat.
    Ya, proper grammer counts too
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  14. #14
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    *

    Originally posted by blue27
    Don't take this the wrong way but it's the American Dream, to sue some fat cat and live on easy street for the rest of your life.

    That's my rant for the day.
    I know, I know, I know you were being sarcastic. I also agree. But I can't help but reacting to your first sentence.

    The problem is that too many people think that it is the Amercian Dream.

    There are some who won't see the sarcasm as such.

    The Amercian Dream surely, isn't the right to litigate to death.

    The American Dream, if memory serves, is the right to Life, Liberty, and the pursuit of Happiness.

    Liberty, includes freedom from litigatory death.

    Thank you for your rant of the day. I've had my rant for the day too.

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  15. #15
    idologicJeff,

    I hear ya. However, over the years, "become rich and famous" has been added to that list

    People want money, and as much of it as they can get. Folks such as Donald Trump, Bill Gates III, Vincent K. McMahon, and Ted Turner, have made money, look more appealing than actual values. Their lifestyles and their ability to buy practically anything they wish or choose to, has made others sit back in jealousy, wanting that very life.

    Unfortunately, the legal population of our country has made it appear as though the easiest way to fulfill that portion of the, "new american dream," is to sue someone's ass off in court, for any reason.

    I guess you could say, that it's not the official "american dream," but it certainly has been added to the list, at least in the minds of the majority of our population.
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  16. #16
    Originally posted by idoogleceo
    Unfortunately, the legal population of our country has made it appear as though the easiest way to fulfill that portion of the, "new american dream," is to sue someone's ass off in court, for any reason.
    Is that the main reason people sue or threaten to sue in the US? To extort money? I think in the rest of the world, it's not the lawyer who instigates the suit, it's one of the parties feeling like s**t after getting horrible treatment from the other.

    Said horrible treatment usually includes bad speling and por gramer.

  17. #17
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    Originally posted by artsreview
    . . . . . . . Said horrible treatment usually includes bad speling and por gramer.
    heh . . . . . well . . . . that's funny.
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  18. #18
    lol....

    Yes the fat kids sued McDonalds because they felt like crap, after McDonalds forced them to eat 8 Big Macs a day.

    It was McDonalds' fault they were fat.

    Extortion is certainly not the primary reason behind people filing suit against others, but in cases like above (which are occuring more and more) it certainly is.

    For example, you cannot tell me that those people actually believed it was McDonalds' fault. They knew what they were doing. They knew their asses we getting 'super sized' by the day, and that it was their own fault. However, since they wanted money, and felt like slobs of their own accord, they decided to go after McDonalds to make them feel better about themselves.....period.

    As for "armchair" attorneys..... I'm probably guilty of it myself lol. However, I try not to advise anyone, on matters I'm not familiar with. If it's something that sparks my interest, and I don't know the answer, I ask my attorney. This not only gives me insight on certain topics, but it also, helps me to avoid the same situations, that many of the folks tend to find themselves in.
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  19. #19
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    Originally posted by artsreview
    I think in the rest of the world, it's not the lawyer who instigates the suit, it's one of the parties feeling like s**t after getting horrible treatment from the other.
    Even in the US, I don't think lawyers have the abililty to spontaneously initiate proceedings (thank God).

    The legal system still requires others to initiate, however, they do have the ability to stretch things out indefinately!
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  20. #20
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    Speaking of armchair attorney's idoogleceo, what do you think of the SCO business?

    For those that don't know SCO is trying to get IBM to pay a billion for contributing to Linux source code

    They feel IBM is stealing from Aix and contributing to linux (give me a fricken break!)

    -oh and idoogleceo theres something about your name I like, but I still can't quite put my finger on it
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  21. #21
    well although I have no "legal" view on it, I feel that it's garbage.
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  22. #22
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    Does small claims court count? Where their are no attorneys allowed, and there's a magistrate instead of a judge? I've been there, suing for money owed us.
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  23. #23

    Re: Dirt settling

    Originally posted by artsreview
    Why do you exclude out-of-court settlements from the poll? ADR, arbitration and mediation are very much a lawyer's work.

    Just because a matter doesn't get judged in court doesn't mean it's not "legal experience". I'd say out-of-court settlements adds more to a person's knowledge than cases decided by a judge. In fact, the vast majority of cases are settled (I think it's 90 per cent).
    I excluded out of court settlements due to costs. You can get a settlement for a lot less money then you can get a Court verdict. The point being that most people who are going to sue you won't ever do more then waste your time. Add that to the fact that web hosting is normally not a high dollar per transaction type of business where a Court appearance would be warranted.

    I'm curious as to what the issues were that caused those 4 people that said "yes" to the poll to got to court about.

    No, Small Claims doesn't count. That is why I specified in the first post the court appearance would be with Lawyers and a Judge.

  24. #24
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    Here's a reason i've never gone, to court, small claims etc..

    I've never put myself in such a position to be sued.
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  25. #25
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    Watcher_TVI, from you continued limiting of the original question, I do not think you understand how the legal system works most of the time. Small claims court and out of court settlements is what most hosts will face, yet you exclude these so your original statement about people giving advice can be false? I pay lawyers not to go to court.

    People on WHT are giving advice on legal issues as they happen in the hosting world, yet those very cases in the real world are being excluded by you, making your whole point moot.

    Why not just limit it to people named jim being sued by people named bob? It would be just as relevant.

    Chet

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