you guys are so funny. there is no culpability on this internet board for several reasons, not the least of which is that no one even had to sign-up with their real names. maybe rl could take legal action against vmd, but it wouldn't work in the US b/c cmu is registered as a business in curacao, and not in the US.

so, continue the legal blather, but all means, but remember that there is no case here.

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Happiness with a side of fries...

24-7 on channel VMD substation CMU forum.

does it really need 10 pgs on posts to convine some person that he/she is going get sued? talk about drama and entertainment.

You raise some interesting questions.

Oh they do it to feel important, no that they necessarily believe they have a case.

You have to understand, claiming knowledge or an expertise in an area helps bolster that feeling of importance.

You would think they already knew what you pointed out, but again, goes back to a need to just feel important.

This makes sense because really it is not the charter that is holding them back from having 200 students by now and being successful, afterall they are doing all they can to move forward WITHOUT and DESPITE the charter.

It is infact their business practices and a willingness for one person to circumvent all legal steps and do things his own way, that is the reason they are failing.

So yes, even with a charter they really have no shot of making it.

It is sad to realize that by bypassing all the required steps, they have in essence set themselves up to fail.

yes please get max on this and ask for his legal advice and opinion. i cant wait for the next episode of this.
why dont we just start a thread in the relaxing lounge on what actions on vmd can bear possible legal consequences?

Moreover, comparing this situation to say Xavier that they started without a charter and are now making it, I doubt Xavier had some of the issues that exist here, that are really the underlying points.

I doubt xavier lied all over the place about having a charter knowing they did not, I can imagine that even if they did not have a charter, that may have been common and open knowledge, acknowledging that they were working on it and actually working on it.

I doubt they plagarized other school's websites and on it, made outrageous claims they thought no one could discover.

Making these comparisons are really baseless, unless the situations were identical for the most part, and they are NOT.

These people can not claim to not have known what they were doing, they just were not counting of getting caught.

They ran out to VMD to brag about it and it backfired.

At the risk of giving PaddyMelt more cause for laughter with "legal blather" I'd just like to question some of his own. I make no claim to being an expert in the law of tort- just curious.
Aren't you confusing "culpability" and traceability? If PaddyMelt libels on VMD don't the admin. have to hand over records of IP address etc?
As for the plaintiff, if RL is an American citizen can he not sue? Does he even have to be a U.S. citizen? Also, RL's "consultancy" seems to be closely involved in CMU (it has prominence on the web site) and has a U.S. address: depending on the precise nature of the libel would it not have some valid claim?
Finally, is that really correct that because CMU is a Curacao business it could not sue VMD in the States? I thought that foreign companies and individuals did just that quite often. Perhaps that's just here in the U.K.?

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"Ever tried. Ever failed. No matter. Try again. Fail again. Fail better."
Samuel Beckett, "Worstward Ho", 1983

A citizen of a foreign country may sue a U.S. citizen (an individual or a corporation) in a Federal District Court. See, Wright, Miller, and Cooper, Federal Practice and Procedure, Diversity of Citizenship, §3604. The diversity jurisdiction statute, 28 U.S.C. §1332(a)(2), provides that: "The District Courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs,…and is between citizens of a State and citizens or subjects of a foreign State." (Emphasis added). This branch of diversity jurisdiction is usually referred to as "alienage jurisdiction." A person with dual citizenship will not qualify for alienage jurisdiction, but will be considered a citizen of the U.S. Mutuelles Unies v. Kroll & Linstrom, 957 F.2d 707 (9th Cir. 1992). In what federal district can the foreign national file suit? The general rule, and starting point for analytic purposes, is that a foreign national can bring suit in any district. Wright, Miller, & Cooper, Federal Practice & Procedure, Diversity of Citizenship § 3604. This general rule is tempered, however, by a healthy dose of forum non conveniens. Courts have looked more favorably upon foreign citizens bringing suit in districts that have some identifiable nexus to the litigation. see Hadded v. Richardson-Merrill, Inc., 588 F. Supp. 1158 (N.D. Ohio 1984); De Melo v. Lederle Labs, 801 F. 2d 1058 (8th Cir. 1986); Friends for all Children, Inc. v. Lockheed Aircraft Corp., 717 F.2d 602 (D.C. Cir. 1983).

Of course there are defenses for it. The doctrine of forum non conveniens is frequently used by defendants to attempt to move actions filed in the U.S. back to foreign jurisdictions, and is a key part of any defense strategy especially if there are more restrictive laws in the foreing country. Of course we are hypothetically speaking here about the possibilites of CMU having a case. We can only wish it was the way you think it was paddy.

Those who I think really have a case are affected students. That will be another thread of discussion and I will be more than happy to help.

All this stuff is very interesting. Let's see how it develops.

Enjoy....cheers to all

Max

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...."Beyond jealosy and betrayal; beyond hate and desire; beyond pain and death; lies the ultimate revelation; the final choice; the end; because the fate of destruction is also the joy of rebirth" Neon Genesis Evangelion

...'You would think they already knew what you pointed outYou would think they already knew what you pointed out"

Oh yes I did and replied to it. thanks for the reminder though!

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...."Beyond jealosy and betrayal; beyond hate and desire; beyond pain and death; lies the ultimate revelation; the final choice; the end; because the fate of destruction is also the joy of rebirth" Neon Genesis Evangelion