Wild Fan Possible Lawsuit? How would you react?
View Single Post
10-22-2010, 11:18 PM
Grave Before Shave
Join Date: Sep 2009
Originally Posted by
Yeah, you missed the real point there.
1) They'd already done it concerning the
, and following a threat filed suit against 5,000 people.
2) They are then tracking 300 films and going to systematically threaten to sue people if they do not pay a settlement.
the threat is to do something perfectly legal. Traditional blackmail is revealing something that the other party doesn't want revealed to the public sphere, and asking for compensation in return. There's no law against revealing truthful information (ya know, that whole freedom of speech thing).
There's nothing wrong with stating to someone that you are going to file suit and giving them the opportunity (if they want) to settle it in advance... in fact, it would be bizarre if that doesn't happen on a regular basis.
You are missing the point of what I said.
1) You don't know that they are not being sued or charged with blackmail, extortion or anything of that nature. That is a news article talking about a brief that the ACLU wrote.
2) They may not be getting sued or charged with anything, but that does not mean what they are doing is not illegal. Illegal/actionable things happen all the time and people aren't sued or charged, even when it is right in front of everyone's faces.
3) People may sue people with the intent of settling, but you can't threaten to sue unless you get paid off. Think about this for a minute. You are an attorney and you get a call from the PLAINTIFF saying they want to settle. This is not a position of power for the plaintiff. If the PLAINTIFF in a suit wants to settle before the trial even starts, it is very unlikely that they have a case and that the defendant would not want to settle, seeing the weak position that the plaintiff is in. The defendant would be the one who would say, ok crap we can't win this thing, lets settle and get it over with. But as a Plaintiff you wouldn't, shouldn't and couldn't call someone up and say pay me $XXX or I'm suing you. "A demand for a settlement in a civil action. . . .if made with the intent to extort constitutes the crime alleged in the indictment." 31A Am.Jur. Extortion § 26. So that settles that whole thing.
View Public Profile
Find More Posts by DrinkFightFlyers