Inquisitor 1 | 7
Oct 02, 2009 | #1
I know I'm probably stepping into a minefield here, but what the heck... as a qualified lurker on these pages, I might as well step into the spotlight with a biggie :)
I've been reading up on the Exact Term Papers vs. Student Research case, and bloody hell it was torturous, but worth it in the end. This is a case that gets mentioned a lot on here. Might it be useful to get straight what actually happened?
Now I might be wrong, and if I am then please just let me know. I have no agenda here, I just want to see if I'm right about my interpretation of what happened.
My understanding is that Exact Term Papers (a Pakistani company) filed a complaint against Student Research (a New Jersey company) in a New Jersey court. Exact Term Papers were claiming that Student Research operated a site called essay organization and were using it to defame the other company.
Prior to this, Exact Term Papers had filed subpoenas that had led them to proof that Student Research owned essay organization.
It was agreed that Student Research would respond on February 2008. On that date, Student Research admitted to owning essay organization, but defended that site, claiming that all the information on it was true. Furthermore, Student Research counter-claimed against Exact Papers for copyright violation.
Student Research then filed a Rule 11 letter (something to do with frivolous court actions?) regarding Exact Term Papers' subpoenas, i.e. the subpoenas that Exact Term Paper had used to determine that Student Research owned essay organization. (You still with me?).
Because of some mistake when pursuing the subpoenas, Exact Term Papers' attorney quit.Exact Papers then decided to 'go it alone', i.e. pro se and without an attorney, but this isn't allowed for a corporate entity in New Jersey, so the judge entered a default ruling against Exact Term Papers, to the sum of $k, relating to the copyright claim (over some papers, I think?).
Meanwhile, in Pakistan, Exact Term Papers filed a suit against Student Research for damages (not sure what exactly for - anyone? the essay organization thing?) and because Student Research chose not to contest this in Pakistan, Exact Term Papers won a default judgement of $m (seriously!?!?).
Phew. Okay, I think I'm still with it so far. Can you tell I'm not a legal expert?
So the result seems to be that Exact Term Papers was awarded $6m damages against Student Research in a Pakistani court, Student Research was awarded $k damages against Exact Term Papers in a New Jersey court, and neither side has much hope of receiving any money from the other, because of the different jurisdictions.
Now, we come to the question of site ownership. There seems to be some confusion, with some sources claiming that some sites that Student Research claimed were owned by Exact Term Papers were, in fact, merely hosted on the same servers, and were owned by various other companies, including one called BCO(?).
So... I'm sure some of this is wrong, so I'd love it if people would step in and correct the bits that are wrong, and add other details. It just seems this topic gets talked about soooo much, it would be useful (at least to me) to get to the bottom of it.
Incidentally, essay organization now seems to be parked, up for sale, and currently owned by Win Ltd, whoever they are.
I've been reading up on the Exact Term Papers vs. Student Research case, and bloody hell it was torturous, but worth it in the end. This is a case that gets mentioned a lot on here. Might it be useful to get straight what actually happened?Now I might be wrong, and if I am then please just let me know. I have no agenda here, I just want to see if I'm right about my interpretation of what happened.
My understanding is that Exact Term Papers (a Pakistani company) filed a complaint against Student Research (a New Jersey company) in a New Jersey court. Exact Term Papers were claiming that Student Research operated a site called essay organization and were using it to defame the other company.
Prior to this, Exact Term Papers had filed subpoenas that had led them to proof that Student Research owned essay organization.
It was agreed that Student Research would respond on February 2008. On that date, Student Research admitted to owning essay organization, but defended that site, claiming that all the information on it was true. Furthermore, Student Research counter-claimed against Exact Papers for copyright violation.
Student Research then filed a Rule 11 letter (something to do with frivolous court actions?) regarding Exact Term Papers' subpoenas, i.e. the subpoenas that Exact Term Paper had used to determine that Student Research owned essay organization. (You still with me?).
Because of some mistake when pursuing the subpoenas, Exact Term Papers' attorney quit.Exact Papers then decided to 'go it alone', i.e. pro se and without an attorney, but this isn't allowed for a corporate entity in New Jersey, so the judge entered a default ruling against Exact Term Papers, to the sum of $k, relating to the copyright claim (over some papers, I think?).
Meanwhile, in Pakistan, Exact Term Papers filed a suit against Student Research for damages (not sure what exactly for - anyone? the essay organization thing?) and because Student Research chose not to contest this in Pakistan, Exact Term Papers won a default judgement of $m (seriously!?!?).
Phew. Okay, I think I'm still with it so far. Can you tell I'm not a legal expert?
So the result seems to be that Exact Term Papers was awarded $6m damages against Student Research in a Pakistani court, Student Research was awarded $k damages against Exact Term Papers in a New Jersey court, and neither side has much hope of receiving any money from the other, because of the different jurisdictions.
Now, we come to the question of site ownership. There seems to be some confusion, with some sources claiming that some sites that Student Research claimed were owned by Exact Term Papers were, in fact, merely hosted on the same servers, and were owned by various other companies, including one called BCO(?).
So... I'm sure some of this is wrong, so I'd love it if people would step in and correct the bits that are wrong, and add other details. It just seems this topic gets talked about soooo much, it would be useful (at least to me) to get to the bottom of it.
Incidentally, essay organization now seems to be parked, up for sale, and currently owned by Win Ltd, whoever they are.
