PWCC Huigens Now Has a Criminal Defense Attorney

[jad22]

This is pretty mind boggling. Its a serialized card, where it is described as having issues present in 2006, that are no longer there.

[Exhibitman]

Originally Posted by bnorth

One of the bigger scum bags in the hobby is always threatening with his lawyer when called out for his super shady dealings.

You'll have to be more specific; that could apply to dozens of hobby parasites.

As for Blowout, the owner folded in the face of an obvious bluff. They should have told whoever sent the demand letter to go f^< k themselves. A case against Blowout for something a poster wrote has no merit because Section 230 of the Communications Decency Act gives interactive online services of all types broad immunity from defamation claims stemming from content created by others:

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

The threat is so lacking in legal justification that after the lawsuit is thrown out of Federal court, BO could sue the attorney stupid enough to file the case for malicious prosecution. In state courts in Cali and some other states with anti-SLAPP laws (laws that punish the use of frivolous lawsuits to stifle debates about issues relevant to a segment of the public), the case would be disposed of in the initial pleading stages as well, with sanctions against the plaintiff for bringing it in the first place.

All BO has now done is to geld the board: anyone who is angry at anything posted just needs to send a lawyer letter and it will be censored.

[Leon]

I have gotten many Cease And Desist letters. Almost all of them I just laugh at. Since lawyers started understanding what Section 230 does (defines who a publisher of information is) they mostly quit. And of course a forum owner is not liable for what a member says, so I never have had a concern. I can even edit someone's post, and as long as I don't change the meaning, I am still not liable. I have told a few lawyers to go read 230, F off and get back to me. None ever did.

Originally Posted by Exhibitman

You'll have to be more specific; that could apply to dozens of hobby parasites.

As for Blowout, the owner folded in the face of an obvious bluff. They should have told whoever sent the demand letter to go f^< k themselves. A case against Blowout for something a poster wrote has no merit because Section 230 of the Communications Decency Act gives interactive online services of all types broad immunity from defamation claims stemming from content created by others:

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

The threat is so lacking in legal justification that after the lawsuit is thrown out of Federal court, BO could sue the attorney stupid enough to file the case for malicious prosecution. In state courts in Cali and some other states with anti-SLAPP laws (laws that punish the use of frivolous lawsuits to stifle debates about issues relevant to a segment of the public), the case would be disposed of in the initial pleading stages as well, with sanctions against the plaintiff for bringing it in the first place.

All BO has now done is to geld the board: anyone who is angry at anything posted just needs to send a lawyer letter and it will be censored.

[Rhotchkiss]

Originally Posted by Leon

I have gotten many Cease And Desist letters. Almost all of them I just laugh at. Since lawyers started understanding what Section 230 does (defines who a publisher of information is) they mostly quit. And of course a forum owner is not liable for what a member says, so I never have had a concern. I can even edit someone's post, and as long as I don't change the meaning, I am still not liable. I have told a few lawyers to go read 230, F off and get back to me. None ever did.

Plus, no tort has been committed. Its a shame Blowout got intimidated and shut the thread down. Like Adam, I would have told the guy to shove is altered card up his backside.

[MULLINS5]

Originally Posted by Rhotchkiss

Plus, no tort has been committed. Its a shame Blowout got intimidated and shut the thread down. Like Adam, I would have told the guy to shove is altered card up his backside.

I think they did the right thing. The thread wasn't poofed (that would be bad) instead they just locked it and provided scans warning other members that perhaps they (NOT BO) could get hit with a letter, too.

Actually a nice little jab BO did to PWCC, BGS, and the card owner.

[topcat61]

Has the FBI officially closed this case?

[bobbyw8469]

Originally Posted by topcat61

Has the FBI officially closed this case?

I don't think so.

[bnorth]

Originally Posted by topcat61

Has the FBI officially closed this case?

Not sure, their lawyer did an excellent job of making the whole thing disappear. Like posters on his forum.

[perezfan]

If the FBI thinks that issuing a few random refunds exonerates PWCC and PSA from the fraud they committed, that's really sad.

Hopefully they realize that 99% of the altered cards sold have not been refunded, and that the vast majority are still circulating among countless dealers/auction houses/collectors.

[mantlefan]

Originally Posted by perezfan

If the FBI thinks that issuing a few random refunds exonerates PWCC and PSA from the fraud they committed, that's really sad.

Hopefully they realize that 99% of the altered cards sold have not been refunded, and that the vast majority are still circulating among countless dealers/auction houses/collectors.

If only they would delve deeper we would all be a lot happier, but given the present state of affairs in the country they're not sending Elliot Ness and the Untouchables out to Oregon anytime soon. (Yeah I know he was a Treasury agent, but how much name recognition does Melvin Purvis have?)