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- inactive, on 10/12/2007, -0/+5That was:
onemilliondollarlawsuit.com
easy comes....easy goes...
Bug on digg...
1-Enter a comment with line breaks
2-Make a mistake in the captcha and submit
3-Type the new captcha , with no mistakes
4-Line breaks are messed up in your posted comment... - danielharrison, on 10/12/2007, -0/+3pokercamgirl
I take your point, and the point that this is a BS lawsuit, but seriously, when you make $1 mm in that space of time and don't expect any comeback you're kind of naive ...
Personally, I'm surprised. rather than auctioning it off (why does he need the extra $30K when he has a million of them - seriously!!) if I were him I would have GIVEN the last pixels to a charity:
advantages:
1. You look philanthropic and EVERYONE wants to do business with you on your next venture
2. No potential comebacks such as this due to big promises in publicity
3. It's a good thing to do (most importantly) - locojones, on 10/12/2007, -0/+2The main cause of action, according to the article, is "that the advertisement did not go up immediately after the auction."
Yet, according to the terms & conditions of the auction (http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=5652179487&ssPageName=ADME:L:LCA:UK:31), the seller makes no representations as to how quickly the ad will appear on the website. So what the legal system will default to is merely a "reasonable time." The auction ended on the 11th, and looking at the homepage, the winner's ad is posted. He's alleging the site was down for 6 days, so evidently the ad must have been posted within a reasonable time (11th + 6 days = 17th at most).
The remaining causes of action for damages are simply ridiculous. The seller warrants that the ad will remain on the site for 5 years, but makes no representations that it means five, uninterrupted years without a single moment of downtime. Anybody purchasing any type of hosting solution is aware or should be aware of downtime, or the malicious acts of third parties.
Everybody knows that insurance, for example, doesn't include acts of god. So if lightning hit the server room and took the page offline, according to this article, the advertiser could maintain a suit because the ad wasn't running. This is simply too high a standard to uphold.
I hope they had a contract that better spelled out the terms & conditions of the deal. But going by whats on the website, I'd say the milliondollarhomepage is in the better position. - inactive, on 10/12/2007, -0/+1onemilliondollarlawsuit.comrnrneasy comes....easy goes...
- inactive, on 10/12/2007, -0/+1That sounds suspicious. The last person to buy the last space sues...hmmm... perhaps they hired someone to commit the DOS attack?
- atomant411, on 10/12/2007, -0/+1With a negligence cause of action, you'd have a tough time I'd think proving a breach of the duty to meet a standard of care in this case.
Plus, you have a causation issue, because many courts will rule that an intervening act that is illegal (the DoS attack), foreseeable or not, is a superceding cause of the lost ad time, and thus removes milliondollarhomepage from liability. - MikeyD, on 10/12/2007, -0/+1" 6 days? Has he ever heard of rebooting his system? "
He is being subject to a Denial of Service attack. Rebooting his system wont stop the never ending flood of ***** requests coming in to his server and overloading it.
In case you dont know what a DoS is: http://en.wikipedia.org/wiki/Denial-of-service_attack - MikeyD, on 10/12/2007, -0/+1--quote--
Call the ISP
Get a new IP range
Update the DNS with new IP
duh, its that simple and it should only take a few hours at the most
--quote--
That wouldn't work. Like silentbobsc said, the attacker would just get your new IP from your new DNS entry. I can believe you actually said "duh". - Skitals, on 10/12/2007, -0/+1Wow, am I the only one catching on to this? Threating a lawsuit gets the site back in the news yet again, giving it more traffic and even more ad exposure. I wouldn't be suprised if milliondollarhomepage was in on this. It's free press. We are talking about the stupid site right now.
- glitchbit, on 10/12/2007, -0/+0I don't believe it should be legal to sue a site for a DoS. It isn't the webmaster fault, if they want to sue someone they should find the guy who did the DoS.
- clevershark, on 10/12/2007, -0/+0>Just another fat lazy no-gooder trying to make easy money.<
Yes, because we all know how the "Million Dollar Homepage" isn't a gimmick at all!
If you sell advertising, you're going to have to deliver, period. - superal1394, on 10/12/2007, -0/+0wow, I hope the ***** who is DDoSing him gets what is comin to him (A swift kick in the ass). The kid made the website so he could go to college, and they want to take that money from him!? wtf!!
- filovirus, on 10/12/2007, -0/+0hoping million dollar weightloss suffers the same DDos
- bwidget, on 10/12/2007, -0/+0http://www.sandvine.com/general/getfile.asp?FILEID=87 has an analysis of the attack, showing hosts it comes from, and how it is controlled.
Seems to have been 'sicklebot', and controlled from a compromised web server. - snapcase, on 10/12/2007, -0/+0Hahahahaha. (That's the extent of my thoughts on the subject.)
- InvisionUK, on 10/12/2007, -0/+0Right, well let me say something here.
IUTBAL (I Used To Be A Lawyer), and I can say, at least under UK law, the company filing suit against Alex really couldn't win, especially considering his circumstances recently (being held to ransom).
Of course, I never really liked being a lawyer, and would never go back to it in a million years. - jarva, on 10/12/2007, -0/+0good, i hope he loses everything he got for that half-assed idea
may as well been the pet rock, or a jump-to-conclusions game. - glitchbit, on 10/12/2007, -0/+0he should have included in his ToS that he could not be held liable for any DoS or any downtime outside of his control due to similar acts or weather. It is possible for servers to go down even if they have a backup generator servers in florida got flooded by hurricanes before.
- rekrapt, on 10/12/2007, -0/+0Conspiracies... gotta love 'em.
- SilentBobSC, on 10/12/2007, -0/+0@ Invision "its a FAKE website...it goes to news.COM.COM retards, *****..."
Dude, hate to call you on this, but CNet has been directing to this f'ed up domain for quite a while now, it's traces and routes to the right IP blocks too... sorry dude, not a fake.
@ugm2099, mediaright - STFU you spastic little script kiddies
My $0.02 - I wouldn't doubt it if milliondollarweight loss was in cahoots with the DoS attacker... seems too convienient and well timed, especially after you paid $32,000 for a banner ad. - inactive, on 10/12/2007, -0/+0sad...
- UGM2099, on 10/12/2007, -0/+0HACK ATTACK!
- zbeast, on 10/12/2007, -0/+0This type of lawsuit is a standard scam.
I just hope that he didn't sign some type of performance guarantee those phuckers.
Groups of scamming lawyers have used that type of thing to rip company's and individuals off
for years.
MDH being down for 6 days and having that reported in the news is possibly the best advertising for that site. Having going there once why would you want to go again. - bagochris, on 10/12/2007, -0/+0Damn Haters!
- Rocky202, on 10/12/2007, -0/+0He needs to refund and resell again as an earlier commentor posted. The only people that win in lawsuits are lawyers. Don't be surprised if Alex turns this into the reason to start the next milliondollarhomepagethesequel.com
- capitalist1, on 10/12/2007, -0/+0conrgats to alex on ducking the lawsuit, A lot of people will be happy to help him fail, that kind of help he does not need.
- SpazticChips, on 10/12/2007, -1/+1sucks to be him, but it's his responsibility no matter what, he even had a warning, he could have done SOMETHING.
- inactive, on 10/12/2007, -0/+0I think the person that hacked it with DoS attack is the same person is the one persuing the lawsuit. If he doest get paid one way he's going at it another way...... some people..I swear!
~mario - HPSauce, on 10/12/2007, -0/+0"The main complaint is that the advertisement did not go up immediately after the auction."
so not because of the DDOS attack. Frankly, I'm guessing it's the culture of yanks; you pay for osmething, not happy a bit and SUE THE BAST for whatever reason you can find. And with a mian reason like the above, who else but the US courts can take it seriously?
"did not go up immediately" LOL - Gargoyle, on 10/12/2007, -0/+0Technically, his site did not go down. It was just too busy to answer some specific calls! The guy could argue that at the time the site was supposedly down it was actually at its busiest - there might even be some sky high bandwith graphs to prove this.
Also, since the guy probably did not know when the last pixel would be sold, I doubt there are any actual dates in the agreements. So he just has to run his server for 1 day longer for each day of downtime to maintain the total of 5 years.
Just another fat lazy no-gooder trying to make easy money. Here's an idea for you, Eliger Kliger. Use your lawyers fees to make a better website for yourself. - MWWLSE, on 10/12/2007, -0/+0atomant411 said it all
- modpancake, on 10/12/2007, -0/+0Spam site sues spam site. Haha.
- SilentBobSC, on 10/12/2007, -0/+0and, duh, the same DoS attacker simply querys the new address and begins the attack as soon as the DNS has propogated...
- Stonekeeper, on 10/12/2007, -0/+0I wonder if the people who want to sue are linked to the DOS attack? Just a thought
- zetsurin, on 10/12/2007, -0/+0This shows that there is no such thing as easy money.
- playbombcom, on 10/12/2007, -0/+0i bet a bunch of peope DoS attack the d-bag that is suing.
- Soulraven, on 10/12/2007, -0/+0Unintentional/non-malicious DoS attacks
This describes a situation where a website ends up denied, not due a deliberate attack by a single individual or group of individuals, but simply due a sudden enormous spike in popularity. This can happen when an extremely popular website posts a prominent link to a second, less well-prepared site, for example, as part of a news story. The result is that a significant proportion of the primary site's regular users - potentially hundreds of thousands of people - click that link in the space of a few hours, having the same effect on the target website as a DDoS attack. News sites and link sites - sites whose primary function is to provide links to interesting content elsewhere on the Internet - are most likely to cause this phenomenon. The canonical example is the Slashdot effect, though sites such as Digg and Fark have their own corresponding "Effects". - danlin, on 10/12/2007, -0/+0I think he got a little greedy with the auction.... come on. you already had $999,000... the last $1,000 came to bite him in the ass....
- inactive, on 10/12/2007, -0/+0Oh that's stupid. Aren't those guys aware of what transpired over the week? If anything those Russian crackers attacked the advertisers as well as the webpage. But hey, if there's profit to be made in lawsuits, that won't stop people...
- jholdaway, on 10/12/2007, -0/+0Well it makes sense. The only reason the last bit of space was worth so much was because it was in the blogs/news for going on ebay. And you know a week is a very long time in news years.
In a perfect world he would be able to refund the 38 thousand bucks and call it even and re auction it for even more. But the lawyers wants their $$ and the guy wants his week, and without a time machine he is out for his pound of flesh. (and ironicly he will likely get his 15 min. of fame with this lawsuit.)
Oh, and aguilera, we all know about that BUG. rnrn But after a good amount of posting you no longer have to use a gif passcode. rnrn Oh well, they will fix it soon. rnrn Digg is good about that. rnrn - baldwinmathew, on 10/12/2007, -0/+0welcome to the internet kid.
- VipeNess, on 10/12/2007, -0/+0posted by locojones (0) at 10:33 PM very smart... the webiste wins, the lawyer loses... now call get the number for the website that is threating action, and call it up, and lets digg the hell out the phone number
- albinoMithos, on 10/12/2007, -0/+0wow this is bad
- InvisionUK, on 10/12/2007, -0/+0"In his Ebay auction he said
"There might be occasional downtime for site maintenance but I'll try and keep these to a minimum""
Sorted then. I wasn't aware of that statement. Remember, IUTBAL, but unless things have changed in the past year, this case is laughable at best. The company will be lucky if the courts don't drop the case before it's due. - ZenTaff, on 10/12/2007, -0/+0If you lie down with dogs, you're gonna get fleas.
(or, if you take money from companies like Golden Palace and every other two-bit nut-job casino and pr0n site out there, then things like this are going to happen). - hardkoretom, on 10/12/2007, -0/+0Call the ISP
Get a new IP range
Update the DNS with new IP
duh, its that simple and it should only take a few hours at the most - modpancake, on 10/12/2007, -0/+0Now he'll lose it all... ain't it the shaft?
- Bren, on 10/12/2007, -0/+0Well, MDH is up now...
- CraigNobbs, on 10/12/2007, -0/+0This is simple, people aren't responsible for acts that are purely out of their hands. Sorry, lawsuit denied!
As for those of you who think that he deserves it, I pity that you have never succeeded in amounting to anything in your life, other than your 9-5 jobs, nor owning anything worth any value. Perhaps you should try going at it on your own before spitting in other peoples eyes for, at the very least, trying to make something of themselves.
Pity indeed. -
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