IP Address Stolen Former Employer Sues

[Und3ertak3r]

Although my IP address shows several different locations (Brussels, Amsterdam and New Jersey), it once showed a location close to me (about 50 miles). Yesterday I found a site www.IP-adress.com (yes it is misspelled that way), that zeroed right in on my community and the Atlanta suburb in which I live. How can all this be?????

I don't trust that tool.. Has me as being in a part of Aus that is not serviced by my ISP..
A lot of Pseudo-Security products make a big issue about IP address.. many are just a gateway for Malware..

Read my other post.. find out if you have a static or dynamic IP.. if it is dynamic.. see my earlier post about your diary..

At this point you should not be worrying about it, rather just be protecting yourself.. As in my last post.. clean install on a new HDD now.. BUT.. Forensic image the Old HDD.. and store it and the HDD in safe secure locations. (not the same location for each BTW)

Learn a bit more about PC's and internet security.. FOR YOUR PROTECTION..
I taught my daughter how to handle a car in a slide, not to be a stunt driver.. rather for her protection. (Is that a good analogy?)

[rcgreen]

This isn't really a technical issue. Tell me if I have it right.

BrandX company downsizes and fires a lot of people.
You (one of those fired) decide to freelance by retailing
a product made by BrandX. You advertise on the internet.

OK so far? If a reasonable consumer reads your ad
and concludes that the widget is no longer available at BrandX,
and that you are the new supplier of the "same widget,
same price", yeah, that could be a problem.

[steve.milner]

Do nothing.
Wait for the subpoena if it ever arrives.
Ask for a copy of all the evidence they have, send the request in writing with proof of delivery. If you don't get a reply, go to court and explain this. If you do get a reply come back here and post exactly what evidence they have.

If you did do these things, oh dear! Your best bet might be to explain you were angry, have little of real worth so suing you might be a wast of money, and offer to publish a full apology.

If you didn't do these things stop worrying and call their bluff.

Regards,
Steve

[RickyB]

Thank you very much for all the information. I sure wish I was as computer savvy as most of the posters here.

My attorney did mention having my hard drive foresically investigated, but since I originally didn't have a problem with the opposing counsel taking a look, it was a mute point. But now, thinking about it and where the computer originally came from (former coworker), I think I may have an issue. They say that they only want to look at the dates since my termination from the company and that's NOT a problem for me, but how would I know????

I'm not sure about installing a new HDD????? I'm assuming that's a new hard drive and you said to put the old one into a vault??? Judges order says I can't destroy or delete anything. Of course that wouldn't be destroying or deleting, but it still seems deceptive. I don't want to be deceptive, but I surely don't want to be hanged from the gallows on something someone else may have done. Fact is, I just don't know.

RickyB,

You really really do need some GOOD legal advice from a tech savvy Lawyer..

There are lots of claims, and it seems more like posturing and noise making on their behalf..

I go back on the trademark infringement.. THAT IS A COMMERCIAL Matter..
If you sent a mail or posted their name and trade mark in a defamatory mail or web post.. it is a defamation matter and HAS ABSOLUTELY NOTHING to do with Trademark infringement.
Like I said .. this is looking more like a harassment case.. that is one you can bring against them (Yes I accept you just want it to go away and put your experience with the Co behind you)

For you protection I would still get the PC's HDD imaged for forensic testing - this is not to say it will be examined.


In regard to the IP..

That seems to be a case of the Noise and posturing..
Depending on your ISP it will depend what is happening.. With your connection, I will assume One of the DSL's, You could have a static or dynamic IP. That is Your ISP permanently assigns your IP, it is fixed, never changes.
Or it can be dynamic, changes every time you connect - That is turn your modem off for 5 mins to 24hrs and reconnect different IP. It will normally be in the same higher level domain range.. like 123.123.xxx.yyy.
Doing a whois on your IP should point back to your ISP.
Some of the so called IP tools out there are Piss poor, they will tell you you live in the headoffice of your ISP, others will point you to your ISP's local POP/router/hub.
So don't rely on many of those online tools.

To do a test for yourself go to http://whatsmyip.org/ record the IP, switch off come back in the morning and (after switching on) check the IP.. is it the same? OH..and for GOD's sake DO NOT POST THE IP ON HERE ..
On the same site you can do a whois - ie the owner of the IP and a Reverse IP - your local router's network name.

What I have seen so far of your story is like what you see with a Television clairvoyant.

Remember as was mentioned by Nihil.. THEY have the onus to prove. All you need to do is NOT PUT YOURSELF IN HARMS WAY.
If you Lawyer does not have an adviser in IT matters or is profficient in IT/internet related cases.. get another..
Confront Him on the case, let him know your concerns.. address the areas of the claims ..
Oh and ask about getting your drive forensicly imaged. Even if he says no.. Buy a new HDD, store the original in a sealed Bag and place in a secure vault. The new one.. do a fresh install of your OS and programs, and ANTI VIRUS and operate the PC as normal get on with your life.. Well except.. for..
DO not use any of your current Webmail accounts, open new ones..
Create new accounts on craiglist etc
Do not read or reply to mails claiming to be from former co-workers or your former employer.. forward them to your lawyer (ask him/her before you do)

AND REmember.. they are making the noise.. They have to prove that you did what they claim..
Most of what they seem to be saying seems more like noise making , posturing... HARRASSMENT..

all the best with your challenge

[RickyB]

Yes. My company downsized and the entire department was terminated and they were no longer selling the same product at the same price.
On my hobbyist website I claimed to sell the exact same product as XXX (that would have been purchased from my former employer [the same XXX] - so it actually WAS the same product) and then resold to customers who would have gotten exactly what they wanted.
You're correct!

This isn't really a technical issue. Tell me if I have it right.

BrandX company downsizes and fires a lot of people.
You (one of those fired) decide to freelance by retailing
a product made by BrandX. You advertise on the internet.

OK so far? If a reasonable consumer reads your ad
and concludes that the widget is no longer available at BrandX,
and that you are the new supplier of the "same widget,
same price", yeah, that could be a problem.

[RickyB]

Thanks Steve,
That's exactly what I did. I did write and explain my anger over the situation.
Their attorney is asking for the hard drive and my attorney is requiring privacy and "attorney eyes only." Doesn't really make a lot of sense to me.
It was explained to me that they will go into 'discovery' apparently to discover what information each side has to defend their side of the case.
They were successful at getting a preliminary injunction against me without ever contacting me and posted a 10,000 dollar bond to secure it (which is supposed to go to me if I "win" to pay for my trouble). We all know that I cannot win this one.
Golden Rule: Man with the gold, makes the rules.

Do nothing.
Wait for the subpoena if it ever arrives.
Ask for a copy of all the evidence they have, send the request in writing with proof of delivery. If you don't get a reply, go to court and explain this. If you do get a reply come back here and post exactly what evidence they have.

If you did do these things, oh dear! Your best bet might be to explain you were angry, have little of real worth so suing you might be a wast of money, and offer to publish a full apology.

If you didn't do these things stop worrying and call their bluff.

Regards,
Steve

[Und3ertak3r]

I'm not sure about installing a new HDD????? I'm assuming that's a new hard drive and you said to put the old one into a vault??? Judges order says I can't destroy or delete anything. Of course that wouldn't be destroying or deleting, but it still seems deceptive. I don't want to be deceptive, but I surely don't want to be hanged from the gallows on something someone else may have done. Fact is, I just don't know.

No.. it isn't deceptive.. It is protecting the information.. to prevent anything from tainting the original drive..
But my main motive.. was so that (with the new HDD) you could get on with your life with a clean .. none of the past rubbish or risks of the present configuration of the pc..

And considering what you have mentioned in your last couple of threads.. If you have admitted to having posted certain things.. then they should not really need to look any further.. just need to determine intent.. and (personally) I don't see why they need you hdd.. unless they want to hang MORE charges on you.

[RickyB]

Update:

My antivirus program ran last night. I discovered that there is a trojan virus called "zlob" that was isolated.

I googled and read that this trojan can allow "remote access" for "malicious intentions" via Outlook and other email programs.

Does anyone know anything about this? My antivirus software claims to be unable to remove it at this time desite the most recent download from MS.

[Und3ertak3r]

Update:

My antivirus program ran last night. I discovered that there is a trojan virus called "zlob" that was isolated.

I googled and read that this trojan can allow "remote access" for "malicious intentions" via Outlook and other email programs.

Does anyone know anything about this? My antivirus software claims to be unable to remove it at this time desite the most recent download from MS.

Have had no problems with many AV scanners.. Mind.. I do my Scans in SAFE MODE..

What AntiVirus (AV) are you running..

Zlob is an oldie.. I think even Spybot SnD will clean it out

But I do know that ASquared Free cleans the sides of sewers .. so if your AV hasn't the strength.. give that a blast - http://www.emsisoft.com/en/software/free/

[nihil]

Please remove your HDD and replace it?