Kyle
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Ah .... lawsuit happy America! Makes me wish I went to law school. And people wonder why prices are so high? We have to support our lawyers lavish lifestyle.
Jammrock“Inside every sane person there’s a madman struggling to get outâ€
–The Light Fantastic, Terry Pratchett
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When in doubt... counter sue!
(two wrongs make a right... don't they?... Oh wait that's three wrongs, hmmmm
"Be who you are and say what you feel, because those who mind don't matter, and those who matter don't mind." -- Dr. Seuss
"Always do good. It will gratify some and astonish the rest." ~Mark Twain
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They're not counter-suing.
They're getting the courts to force Infinium to "put up or shut up".
Basically, right now HardOCP is in a position where it is in potential danger of being shut down, or sued. There are MULTIPLE legal precedents in order to protect people and entities from this.
Essentially, you can't come up to me and say "I'm gonna sue you!" and use it to intimidate me. It's illegal. I can take you to court, win, and prevent you from suing or threatening to sue me.
Entities have similar protections.
- GurmThe Internet - where men are men, women are men, and teenage girls are FBI agents!
I'm the least you could do
If only life were as easy as you
I'm the least you could do, oh yeah
If only life were as easy as you
I would still get screwed
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whatever you want to call it it's still counter sueing (if Infinium hadn't, Kyle & company wouldn't have so it is)"Be who you are and say what you feel, because those who mind don't matter, and those who matter don't mind." -- Dr. Seuss
"Always do good. It will gratify some and astonish the rest." ~Mark Twain
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Infinium DIDN'T sue.
Therefore it isn't counter suing.
Infinium THREATENED to sue.
If you had to term it anything, term it "pre-emptive suing".
- GurmThe Internet - where men are men, women are men, and teenage girls are FBI agents!
I'm the least you could do
If only life were as easy as you
I'm the least you could do, oh yeah
If only life were as easy as you
I would still get screwed
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It's asking for a declaratory ruling. That isn't a counter-suit - they're asking the court to determine what the facts are. Kyle isn't going after Infinium, he's just asking the court to clear the air.Gigabyte P35-DS3L with a Q6600, 2GB Kingston HyperX (after *3* bad pairs of Crucial Ballistix 1066), Galaxy 8800GT 512MB, SB X-Fi, some drives, and a Dell 2005fpw. Running WinXP.
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Oh that's right... threatened to sue... Pardon me
Hadn't been following this too close since my post in the other thread (KB isn't high on my priority list)."Be who you are and say what you feel, because those who mind don't matter, and those who matter don't mind." -- Dr. Seuss
"Always do good. It will gratify some and astonish the rest." ~Mark Twain
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