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X Spike

I need to contact the owner of this site immediately

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Not sure, but I can tell you the owner is user David, who hasn't been active for some time.

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Ask me why, or ask why David is absent? 

I am curious on why the owner/admin doesn't check in though. It seems that this site has been somewhat abandoned by leadership. 

 

Can we ask why?

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The owner is David Robinson. Ive contacted him before by email, but that was shortly after I had messed with the site so he was probably more responsive.

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Could I get his email? 

 

The owner is David Robinson. Ive contacted him before by email, but that was shortly after I had messed with the site so he was probably more responsive.

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The most effective way to do so - if you're an author with money due from evazon - is to sue for breach of contract + interest, or unjust enrichment + interest (likely in small claims court). Someone bold could do it as a class action, too, if there were enough authors around (we'd need a BUNCH, but my understanding is there are a bunch).

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The most effective way to do so - if you're an author with money due from evazon - is to sue for breach of contract + interest, or unjust enrichment + interest (likely in small claims court). Someone bold could do it as a class action, too, if there were enough authors around (we'd need a BUNCH, but my understanding is there are a bunch).

High key we'd need to figure out where David could be sued. Personal jurisdiction - the power of a court to issue a judgment against David specifically - is a bit complex with internet sites, and because it would almost certainly be in state court (but applying due process jurisprudence), it would turn on how the forum state thought about interactive internet websites. My impulse is that there's probably nationwide jurisdiction because of the nature of the website, but that's an uninformed impulse for drafting-a-brief purposes. Also, depending on how the signup contract for Evazon is drafted, that might affect the analysis. Does anyone have a copy of the author agreement?

 

What would be fun would be suing David for copyright infringement (by posting the files after he'd been given notice by email that his license to post them was revoked). An author's copyright vests immediately once the file is written (suing on the copyright requires a few formalities - like registration - but those are super easy to satisfy). The reason this would be juicy: The minimum statutory damages are $750.00 and the max is $150,000.00. See 17 U.S.C. § 504 (2012). And since David's been so absent despite repeated promises not to be, the willfulness argument (which pushes the award towards 150) is respectable, if not strong.

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The most effective way to do so - if you're an author with money due from evazon - is to sue for breach of contract + interest, or unjust enrichment + interest (likely in small claims court). Someone bold could do it as a class action, too, if there were enough authors around (we'd need a BUNCH, but my understanding is there are a bunch).

 

 

High key we'd need to figure out where David could be sued. Personal jurisdiction - the power of a court to issue a judgment against David specifically - is a bit complex with internet sites, and because it would almost certainly be in state court (but applying due process jurisprudence), it would turn on how the forum state thought about interactive internet websites. My impulse is that there's probably nationwide jurisdiction because of the nature of the website, but that's an uninformed impulse for drafting-a-brief purposes. Also, depending on how the signup contract for Evazon is drafted, that might affect the analysis. Does anyone have a copy of the author agreement?

 

What would be fun would be suing David for copyright infringement (by posting the files after he'd been given notice by email that his license to post them was revoked). An author's copyright vests immediately once the file is written (suing on the copyright requires a few formalities - like registration - but those are super easy to satisfy). The reason this would be juicy: The minimum statutory damages are $750.00 and the max is $150,000.00. See 17 U.S.C. § 504 (2012). And since David's been so absent despite repeated promises not to be, the willfulness argument (which pushes the award towards 150) is respectable, if not strong.

 

I'm both an author due payment and interested in participating in a class action.

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I'm both an author due payment and interested in participating in a class action.

We'd need like ~100 authors tbh. Class actions require demonstrating a number of things, including numerosity - so many people that it's infeasible to simply join the litigants as parties. So instead of X Spike, Maury, Rawrcat v. David & Cross-X (which is a normal suit), it would be The Class of Cross-X Authors v. David & Cross-X (a class action). You can still sue without a class action and it basically looks the same - focusing on this is largely a distraction. 

 

It would be helpful if everyone due a payment posted here, simply by making it easier to ID plaintiffs. That said, this is probably not a lot of money - even bad lawyers charge ~100/hr (or flat fees in the thousands) so the only way to get it is pro bono. 

 

The way to get a lawyer on this is to make it a copyright case. An important pre-req to doing that it to see the Evazon author agreement. Can anyone post that?

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The way to get a lawyer on this is to make it a copyright case. An important pre-req to doing that it to see the Evazon author agreement. Can anyone post that?

 

It's been years but I def don't remember any formal agreement. It was more like "you out of high school? cool."

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Sorry for two double posts - if we get enough interest in this, when I'm licensed in November, I'll take the case. I have an idea for a fee arrangement that is creative and would help get C-X back into flourishing. 

 

The things that it would be REALLY helpful are if:

 

1) Members could figure out David's full name and contact info. PM or post here, it doesn't matter.

2) Members who have ANY file (regardless of a balance owed) posted on C-X and are interested in participating in the suit post here and PM me. 

3) Members who are owed a balance from Evazon and are interested in participating in the suit, post here and PM me. Please include screenshots of how much you are owed, and when the balance accrued (because a court might award interest, which, over 3-5 years, could be significant - CA awards 10% compound per year). 

4) Any member who has a copy of the Evazon author agreement, post here. This is extremely important. If you didn't have a contract, say.

5) Screenshots of David (or the other admin's) promises to pay out Evazon. These need to include date.

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Also: anyone who posted files originally for cost then reposted them free as a protest should put them back to their understanding of the fair market value for the file. If the file is actually worth, say, 25 bucks / download, then set it to that.

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It looks like new files can't be uploaded, so good luck finding a copy of any sort of agreement.

 

I'm not an Evazon author, but I'd be interested in following the case and helping out in any way I can.

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It looks like new files can't be uploaded, so good luck finding a copy of any sort of agreement.

I'm not an Evazon author, but I'd be interested in following the case and helping out in any way I can.

I’m fairly new but this is pretty deplorable- I would want to be paid for my files that were being sold if I were to upload files Edited by ronniesportman

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Ok. Can anyone who currently has a file posted let me know, is it possible to delete the file on your own? Like do you 100% control that or is there a process for de-listing that the admins would have to approve?

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Agreed. The owners' absenteeism has been a great pain the back and the wallet for evazon owners since the website changed ownership. David seems hands-off to the point of not even really owning the website or existing. 

 

The debate community deserves better. 

I’m fairly new but this is pretty deplorable- I would want to be paid for my files that were being sold if I were to upload files

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Agreed. The owners' absenteeism has been a great pain the back and the wallet for evazon owners since the website changed ownership. David seems hands-off to the point of not even really owning the website or existing. 

 

The debate community deserves better. 

How much exactly does he owe everyone?  It sounds like it must total in at least the thousands across all the authors. 

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Ok. Can anyone who currently has a file posted let me know, is it possible to delete the file on your own? Like do you 100% control that or is there a process for de-listing that the admins would have to approve?

 

Yeah i deleted my files. High school kids obviously will still buy files and I don't want to give David full dollar amount on any sales with stuff I had put up, however much it was.

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How much exactly does he owe everyone?  It sounds like it must total in at least the thousands across all the authors.

 

That's hard to determine since a lot of authors who have account credit building up probably havent checked in years and wouldn't care to.

 

Averaging it with number of paid files, average price, and figuring what the average sales would have been over the past 4 years wouldn't be close to accurate because there were definitely higher periods of activity.

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