Ok, for the short attention-spanned amongst us does that mean you think [H] DID want to go to court or do you think that [H] did NOT want to go to court?
Just a short answer please.
Just a short answer please.
WaltC said:What is unclear about that? Hence, there was no need for [H] to do anything at all to "get Infinium to act," as you put it, since Infinium had clearly stated an intention to act in the absence of the remedy it asked for.
"[H] NEVER said that Roberts defrauded anyone. They merely showed his resume if you will. The couple of places where they make comments which put Roberts in a bad light are clearly posted in an 'editorial'", says the Dig compliantly for AlphaWolf.AlphaWolf said:Repeat after me. [H] NEVER said that Roberts defrauded anyone. They merely showed his resume if you will. The couple of places where they make comments which put Roberts in a bad light are clearly posted in an 'editorial'.
digitalwanderer said:"[H] NEVER said that Roberts defrauded anyone. They merely showed his resume if you will. The couple of places where they make comments which put Roberts in a bad light are clearly posted in an 'editorial'", says the Dig compliantly for AlphaWolf.AlphaWolf said:Repeat after me. [H] NEVER said that Roberts defrauded anyone. They merely showed his resume if you will. The couple of places where they make comments which put Roberts in a bad light are clearly posted in an 'editorial'.
But even if it was never said, it most certainly was heavily implied...at least that's sure how I walked away from the article thinking.
digitalwanderer said:Ok, for the short attention-spanned amongst us does that mean you think [H] DID want to go to court or do you think that [H] did NOT want to go to court?
Just a short answer please.
AlphaWolf said:Oh yes clearly Infinium meant to act immediately and Kyle was merely wasting his time.
What [H] did is a fairly common practice by companies under the threat of lawsuit. Lawsuits can drag on long enough without actually waiting for them to file at the worst possible moment.
[H] never said that Roberts defrauded anyone. Repeat after me. [H] NEVER said that Roberts defrauded anyone. They merely showed his resume if you will. The couple of places where they make comments which put Roberts in a bad light are clearly posted in an 'editorial'.
Please quit paraphrasing (and doing a horrible job of it), if you want to quote [H] then quote them. Your post seems to make a lot of inferences that I don't see in the article.
Here is the article. http://www.hardocp.com/article.html?art=NTEy
It's not much longer than your last post so please don't tell me you don't have time or can't be bothered to read it.
WaltC said:AlphaWolf said:Oh yes clearly Infinium meant to act immediately and Kyle was merely wasting his time.
So, I guess [H] was just fantasizing and talking out of its hat when it immediately publicized Infinium's letter which [H] characterized as giving them "10 days to pull the article, or else"...? You keep getting it confused. Infinium started the ball rolling privately with its letter to [H]--it wasn't [H] who sent the letter. The catalyst was *the letter*, not the bogus [H] suit filed in Texas. Heh... I'm sure that when [H] filed the Texas suit [H] sent Infinium a letter stating:
"We're suing you in Texas because what we really want you to do is to sue us in Federal court in Florida! Hurry up--see you in court--Love & kisses, [H]."
Only an imbecile *asks* to get sued... What [H] was hoping was that the spurious Texas suit would *back Infinium down* and cause them to go away. It was a bluff. It backfired. Simple as that.
What [H] did is a fairly common practice by companies under the threat of lawsuit. Lawsuits can drag on long enough without actually waiting for them to file at the worst possible moment.
Er, nine.9 times out of ten a company will "threaten" another company with a suit before suing it. Why? The hope is that a settlement can be reached *before* you have to file a suit. Your comment makes no sense whatever, since the "waiting for them to file" period wasn't even one week before [H] made all of this public.... And, why on earth would [H] concern itself with "waiting on them to file"...???? Makes no sense at all. You either respond or you don't and they sue or they don't. Only a moron says, "OOOOoooo--hurry up and sue me! I can hardly wait!"
Besides, think about it rationally for a moment. Which is worse--being "threatened" with a lawsuit, or being sued???? You're so funny--you make it sound like being "threatened by a lawsuit," is like being threatened with having your fingers or kneecaps broken... Heh... Personally, I'll take being "threatened" by a suit any day over being sued. In the first case there's a chance at settlement sans lawyers, courts, and judges. In the second, there's not, and all those people have to be paid, and you may lose much more than you would have if you had settled prior to court.
[H] never said that Roberts defrauded anyone. Repeat after me. [H] NEVER said that Roberts defrauded anyone. They merely showed his resume if you will. The couple of places where they make comments which put Roberts in a bad light are clearly posted in an 'editorial'.
So what you're saying is that Infinium is suing [H] for libel and defamation because [H] messed up his "resume'" and now Robbins can't get a job??? You're funny...
Secondly, let me see if I can clear something up for you. If I state in an public Internet article: "The following is an editorial" and then I say "In my opinion, John Kerry killed babies in Vietnam, and not only that, but then he ate them. George Bush is a pedophile, and Howard Dean is an ardent homosexual who cross-dresses regularly and enjoys wearing bras"...
I can categorically assure you that my having said, "This is an editorial" does not shield me from the legal consequences of my words, should Kerry, Bush, or Dean take offense over them enough to sue me.
Please quit paraphrasing (and doing a horrible job of it), if you want to quote [H] then quote them. Your post seems to make a lot of inferences that I don't see in the article.
Here is the article. http://www.hardocp.com/article.html?art=NTEy
It's not much longer than your last post so please don't tell me you don't have time or can't be bothered to read it.
You're a funny guy... According to you the only reason Infinium wrote its letter asking [H] to remove the article within 10 days or face a suit is because [H] botched up Infinium's "resume"...Heh.......and the only reason [H] keeps publicly screaming "Prove what I said was false, prove my charges false!" was because [H] never made any charges, and the only reason Infinium is suing [H] is because Robbins wants to get the typos corrected in his resume so he can use it to get a job.
You know, you might like to stop and think that something's going on here which you aren't seeing, or thinking about, so zealous are you to absolve [H] of all culpability. Tell you what--let's use your definition and call it a "resume" instead of an article. Was there any proof that that "resume" was an accurate, unbiased appraisal of the facts? I don't see any *proof* in the [H] "resume" as it is written that it is *accurate* or *complete.* Furthermore, it strikes me that if you are going to do a "resume" on somebody's past, wouldn't you need to *run it by that person* first, so that he can correct any errors--BEFORE you publish it? OF COURSE, you would. But, then, it's not a resume, is it? Not at all. Which explains why [H] never bothered to run it by Robbins/Infinium for fact-checking, or even rebuttal, before publishing.
Whether you call it "part investigative reporting, part editorial," which is, btw, what [H] has been calling it for a long time, or whether you call it a "resume," it still does not excuse you from *proving the veracity of what you write* when that content is defamatory to a person or company. You need to really absorb that concept because it is the truth.
Last, my reading of the article is much different from yours, as is apparently Infinium's reading of it as well as [H]'s, so it seems you're kind of on an island with respect to your interpretation of it. I happen to think my analogies and paraphrases are "spot on" with regard to the thrust and intent of the article. The facts that I mentioned should have been addressed by the article, but they weren't. To me--that's a fair judgement to make.
Here's a litmus test for you, but it won't do any good unless you are rigidly honest with yourself. Go back to the article, cut the text and paste it into a text file, and then replace Robbins' name with your name, and replace "Infinium" with the name of your company (or school), and imagine that [H] had run that article about you. Try and put yourself in the other guy's shoes, in other words. Suppose you knew and believed that the article was false and defamatory--because--heh--you know yourself and your past and your history much better than [H]. What would you do, suck it up? Or would you--at the very least--ASK THEM TO TAKE IT DOWN? The fact is, if you were guilty as charged, you might just leave it alone and ignore it and pray it goes away with time. But if you aren't guilty as charged, then it seems to me you'd do exactly what Robbins has done, and you'd seek to protect yourself. If you are honest, there's no way you'll see it as a "harmelss resume"---heh... (That really is the most amusing spin on it I've seen yet.)
Hardocp said:As for the rest of Infinium Labs' demands, they seem to us to simply not be based in reality. They repeatedly note statements that we never made and seem to draw illogical innuendos from the facts that were documented by Infinium Labs? CEO Tim Roberts' own website and resume. As for our opinions they are clearly noted as such and we stand by them.
MfA said:The declatory judgement act seems exactly designed to let you force those who threaten you with legal action to make good on their threats (or retract them and put you in the right). It seemed an appropriate action to take to me if you wanted the threats off the table, you might argue it was early ... but there was obviously no settlement any of the parties would ever accept, so it would have to go to court sooner or later. Might as well be sooner, and a chance of getting the venue close to home was a boone.
Marco
Walt C said:<snip>
I talked to the Tim Roberts guy on the phone when he returned my call ( 22 days after I left a message ) and when I asked him about all this...he HUNG UP ON ME. I asked him if he was looking for investors, he said "We are actively recruiting investors". I asked him if they had any consoles on hand, he said "We have several hundred prototype models here in the office". So then I asked him where the prototypes were made, he said "right here in our facility". Then I told him I had seen his 100ft x 100ft office space conveniently located next to Missing Link Art Gallery in the strip mall ( located at 5380 Gulf of Mexico Dr. Longboat Key, Fl 34228 ) and he went NUTS!!! "WHO THE FUCK IS THIS!?!?! BLAH BLAH I'LL SUE YOU".