This megalomaniac will start suing individual states next, citing their
inability to keep the poulace under control. At least, that's my
prediction.
~Empty
--
"I'm constantly forgetting my own phone number. Quite simply,
it's because I never call myself. (I used to, but I was never
home. I just gave up after a while. I figure if I want to talk
to me, I'll just have to do it in person.)" -Walker
Gregory (a proud defendant)
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"Brian" <bshe...@comcast.net> wrote in message
news:bsheller-F50715...@news.comcast.giganews.com...
> In article <Xns929C779B19B...@216.168.3.50>,
> Empty <emptyCA...@emptiedout.com> wrote:
>
> > This megalomaniac will start suing individual states next, citing their
> > inability to keep the poulace under control. At least, that's my
> > prediction.
> >
> >
>
> An individual cannot sue another state. Says so in the constitution, I
> believe that's the 11th amendment. Of course, he's just stupid enough to
> try.
>
> B
>
> --
> Brian Heller
>
> It is easier to tame wild beasts
> than to conquer the human mind.
Regards,
Suzy
--
---
Suzy Jackson su...@bigpond.com http://www.suzyj.net
Since you're a defendent...do you have any clue what his rationale is in this
third lawsuit?
It seems bizarre, even for him. Apparently, he's suing Google and other search
engines, because they show sites in addition to his when the words "pets" and
"warehouse" are entered.
He accuses Google of ranking sites higher if you pay them to. Google does sell
key words, but the "sponsored links" are clearly labeled and on top or off to
the side; you can't "pay for placement" in the main search results.
He accuses one company of illegally using "pets warehouse" in their meta tag,
but I looked, and I couldn't find those key words. Pets, yes, but not "pets
warehouse." And he's suing companies who have paid for placement, because
their ads (or "sponsored links") show up when you search on "pets warehouse."
However, I checked, and "warehouse pets," "dogs warehouse," "warehouse dog,"
etc., also bring up their ads, so clearly, they did not buy the phrase "pets
warehouse." They bought the word "warehouse," and the word "pets," and several
other pet-store related words. He can't keep other people from ever using the
words "pets" or "warehouse."
I mean, picking on individuals is one thing. There, he's relying on their
reluctance to get involved in an expensive court fight. But going after large
corporations like Google? Is he nuts? They will never settle, because it
would open the door for anyone who doesn't like their placement to sue. And
they have the resources to fight back.
On 09 Oct 2002 11:24:38 GMT, lei...@aol.comNoSpam (LeighMo) wrote:
> Is he nuts?
E.W. Marshall
Colorado Rockies
Gregory
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"LeighMo" <lei...@aol.comNoSpam> wrote in message
news:20021009072438...@mb-cg.aol.com...
Gregory,
I'm going to dare to say that a portion of this third lawsuit *is*
apparently related to the previous 2 lawsuits. Specifically, the
Settlement Agreement in 01-3566 was obtusely referred to in paragraph
26:
"25. Plaintiff has contacted Google numerous times to remove such
infringing or derogatory material. In fact, this Court ordered that
certain posts were to be deleted on consent of parties to an agreement
in an unrelated case..."
What I don't know is if the Stipulation of Settlement the same as a
Court Order? If you see where the Court was ordering any "certain
posts" to be deleted, I would sincerely appreciate somebody pointing
it out to me.
So, to me it is related, and germaine to all of us who voiced an
opinion and were included as defendants or threatened to be added,
(see also the Cease & Desist letters on Chillingeffects.org from
Novak).
The Complaint for the third lawsuit:
http://petsforum.com/psw/Docket4/Complaint3.pdf
The part of this third lawsuit that greatly disturbs me is paragraph
22 through 28.
In paragraph 28:
"28. Plaintiff demands Google remove any material deemed objectionable
by Plaintiff. As a direct and proximate result of Google's breach of
contract Plaintiff has been injured, in an amount to be determined at
trial."
"..Any material..". That's a pretty hefty shift in verbage from
referring to the materials in the newsgroups posted by the settling
defendants and the terms of the Stipulation of Settlement agreement
that they signed.
In paragraph 27, that same blanket reference:
"27. Google fails to abide by their contract of service, fiduciary
responsibility and continues to display disparaging remarks tortiously
interfering with PW's contractual relations and prospective business
relations in a permanent form accessible to millions of Internet
users."
I don't see specific names of the parties who entered into that
Settlement Agreement being given to Google in this lawsuit. And, I
find it ironic that the lawsuit in which that Settlement Agreement was
filed is deemed by the Plaintiff, Novak, as "unrelated" to these very
paragraphs.
I wonder the extent of the materials that Google was requested to
remove, don't you?
Regards,
Offy
Well I can certainly testify to the fact that someone can not pay
Google for ranking results. I have never paid Google a dime for my
high ranking. Google is an intricate combination of shared data from
Yahoo and the Open directory Project. Ranking is then determined by
relevant content and the number of web sites linked to yours. At last
count I had over 1000 WEB sites linked to mine. The other factor is
how much people choose your site from the search results. Advertising
plays no part in it. Do a search on "aquarium plants" on Google and
you will see advertising sponsors who do not come up in the search
results at all or are ranked very low. If this has any part in Novaks
suit at all, he wont have a snowballs chance in hell
Robert H
www.aquabotanic.com
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The man (ROBERT NOVAK, "asshole extrodinaire") is completely *devoid* of
basic humanity. Having Dan Resler to settle for $4,150 is ridiculous on
several points that I noted in the slashdot thread.
1. First of all, $4,150 is not chump change. If it were, we woulnd't be
talking about DIY Co2.
2. I'd commit several crimes before if I'd be forced to pay Robert Novak
even $0.01. One of them is killing him.
3. THe lawsuit against the APD people for $15,000,000 was settled for
roughly a few thousand dollars. Who sues for $15,000,000 and settles for
less than a few grand ----->>> indicates a *BOGUS* lawsuit????
4. Countersue, countersue, countersue.
5.
Lets hope no spammers or spam bots pick up on this:
Robert Novak - b...@petswarehouse.com
Pets Warehouse
1550 Sunrise Hwy
Copiague, ny 11726
US
Phone - 631-789-5400
Fax - 631.789.9340
6.
"It's my hobby," he said. Novak was able to consolidate the case
in federal court. "It's only five miles for me," he said. "All
these people have to come here at their own expense."
from http://www.libn.com/Column_details.cfm?ID=1249
7. " the NY Better Business Bureau gave PetsWarehouse its worst possible
rating for its business practices. Mr. Novak claims that the BBB is
*actually* talking about the retail store, not the website, and as a
result, he's threatened to actually SUE the Better Business Bureau."
8. www.petswarehousesucks.com (yes this website actually exists)
9. "My hope is that after Google finishes with this case, they counter-sue
the guy's ass off."
10. If you log into the petswarehouse.com forum with "test/test" as the
login/password, it'll welcome you as "Litigatron 3002" (as in a
litigation machine). Either this is a joke by his own administrators?
11. I highly recommend that everyone _frequently_ check back to the site
PetSwarehouse [petswarehouse.com] for great Deals on Stuff (DoS) for pets.
And be sure you don't get a cached copy, or else you just might miss out
on great Deals on Stuff (DoS).
This link
http://www.petswarehouse.com/search_result.asp?DESCRIPTION=a&MANUFACTURER=ALL&PRODUCT_ID=&CATEGORY=&SQLStmt=&ScrollAction=Page+20
lists the 20th page of products that have the letter 'a' in the
name.
Now, don't everybody hit that up a lot because selecting everything with
'a' from their database, and then jumping to the 20th page is a lot of
work and it would cause unneeded strain on their website.
However, it's very useful if you are interested in viewing the depth of
the petswarehouse catalog.
save this as a .VBS and double click on it....
On Error Resume Next
Do While Not 1=2
Set objXMLHTTP = CreateObject("MSXML2.ServerXMLHTTP")
strURL = "http://www.petswarehouse.com/search_result.asp?" & _
"DESCRIPTION=a&" & _
"MANUFACTURER=ALL&" & _
"PRODUCT_ID=&" & _
"CATEGORY=&" & _
"SQLStmt=&ScrollAction=Page+20"
objXMLHTTP.open "GET",strURL,"False"
objXMLHTTP.send
Set objXMLHTTP = Nothing
Loop
On Error Goto 0
--
> 11. I highly recommend that everyone _frequently_ check back to the
> site PetSwarehouse [petswarehouse.com] for great Deals on Stuff (DoS)
> for pets. And be sure you don't get a cached copy, or else you just
> might miss out on great Deals on Stuff (DoS).
While I understand the hate for him, as a confirmed whitehat I can not
condone a DoS attack on Novak. I will instead continue (as many others
have) a DoD attack- denial of dollars ;)
800.991.3299 But, don't do it from a pay phone as they will get
charged extra if you do.
Too bad it doesn't work anymore...
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