IP Address Stolen Former Employer Sues

[Linen0ise]

Keep in mind that any changes made to the system after being informed of this action could be seen as an attempt to cover up the "crime" and could be used as evidence of your "guilt".

I would heed Und3ertak3rs advice.

Better yet.......keeping denying it. destroy conspiracy notebook and toss it into their parking lot when it is raining hard. Ignore the judge and the company...remind them you have a pistol. The cops will tell them to leave you alone.

[thom2415]

Just what is your former employer claiming you did. Nothing in your note indicates a crime occurred. The IP address is not owned by you (unless you are the owner) and as such there is no connection to you. Unless your not owning up to something you did in your note then all this seems to be harassment.

[RickyB]

You're correct. (Stupidly) I didn't reinstall any operating system.
I purchased the computer from a former coworker who had built the system itself. He stated that he had "cleaned" it up since I did have a concern about it. I didn't want to get anything personal of his mixed up with mine. I have no reason to believe he would do anything underhanded.
Thanks

I am guessing from your post that you did not reinstall any OS onto your hard drive after acquiring the pc from the former user...

big mistake

if that former owner had any malicious intentions, you are in trouble as he may be able to remotely access your pc and/or has installed any number or monitoring/trojan software

this may have nothing to do with your post, but just my 2 cents:

always format if you buy a used pc


Are you by any chance using any proxies?

[RickyB]

They claim that I posted something about how to find their former employees. And I did that on my hobbyist website. I stated something like: "Find xxx former designers by calling this number."
The former employer had eliminated an entire department. Since they were no longer performing that service, I didn't see any reason why it would be a problem. I also stated "The same product at the same price" - this was also true. The former employees would have had to purchase the products from the former employer. I saw it as a win-win for all involved. My intention was not to send business to the former employer, but that would have been one resultant issue. Their old designers would be found via the hobbyist site. The old designers would then go back to the former employer, purchase the products and create the item for the customer. I truly thought everyone would win.

Just what is your former employer claiming you did. Nothing in your note indicates a crime occurred. The IP address is not owned by you (unless you are the owner) and as such there is no connection to you. Unless your not owning up to something you did in your note then all this seems to be harassment.

[RickyB]

They also claim, in their original complaint to the court, that I had posted defamitory information about their company to craigslist. They claim that I stated they were going out of business. I didn't do this. This is why I think someone may have used my IP address to post this information. I'm not tech savvy and I can't prove differently.

Just what is your former employer claiming you did. Nothing in your note indicates a crime occurred. The IP address is not owned by you (unless you are the owner) and as such there is no connection to you. Unless your not owning up to something you did in your note then all this seems to be harassment.

[RickyB]

Sorry you don't understand. I did have some savings and unemployment, but it was going fast. When I ran out, a friend gave me an additional $5000.00 for the attorney. The first week was $2000.00 and he claims that it may run as high as $5000.00

When I run out of money, I won't be able to fight it. I cannot defend myself and need the help of someone with "Esquire" at the end of their name. When I can no longer afford it - I'm screwed. Court will be held in Nashville and I'm in Atlanta. There is no way I can go and continue the fight. In which case they will win by default.

This means they won the battle, but I wasn't the one who started the fight. They've got the wrong guy. I know the guilty say that too, but in this case, it's true.

Can you say...B__l S__t? For one thing : you place lawyers on retainer, it's not a week-to-week, and they deduct out of that retainer. Secondly, if you're really unemployed and broke where the ell' are you coming up with $5000 a week, cause I would really like to know because I sure as ell' could use the cash.

[RickyB]

Yes, trademark infringement because I used their name. They also claim I used their "mark." They also claim I disrupted their business. I'm not sure about the defamastion charge. I'm really confused over it all.

I don't want to sue them. I just want them to go away. I would like to have my money back from the attorneys, but this has been a nightmare. I just want it to be over. It may soon be. I can't afford to defend myself for much longer. A win by default is still a win and they can garnish everything I've got.

Yes and What is the presumed charge? is it Trademark infringement - that is a commercial charge..
Or is it Defamation?

And if it is posting of defamitory information using your employers name/logo.. weeelllll .. that is neither defamation nor Trademark... That is fraud..
As I said.. sack the useless 5k week Lawyer.. and get real advice.. and while your at it. Counter Sue your former employer.... Verbal.. Making of malicious threats to cause concern or harm.. (I discovered a few years ago that playing a joke on someone of implying that they were in serious trouble.. got the joker in serious trouble.. Yes in Aus it is a crime to have a practical joke of that nature)
So while some may see your post as BS.. (which it could be) It could be someone elses BS that you're a victim of.. Get good advice.. don't trust us bush lawyers.. free legal advice is worth every cent...

[RickyB]

"Spoofed???" I've been researching "hacked" and I've found a lot of information that indicates someone can "hack" your IP address. Of course other information says it cannot be done.

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?????

If this was done from my IP address, how do I know which location????

My computer isn't private. Friends will occassionally use it, I've used it with my family and my former partner knows all my email addresses, but he is no longer here and has been gone for over 1 year.

1. Can anybody explain the relationship between "trademark enfringement" and defamation?

2. Can anyone explain how an IP address (that actually belongs to the ISP) in any way proves who actually used it (assuming, of course, that it wasn't spoofed)? Particularly in a civil lawsuit?

3. What the hell kind of legal system requires the defendant in a civil lawsuit provide information to support the case of the plaintiff?

4. I can only comment for relative civilisation, but it works like this: scumbag threatens to sue and I ignore............... I could give more details but really, I can't be bothered. The basic rule is that if you are "clean" you don't do anything until a properly appointed court tells you that you have a case to answer. Otherwise you will not be able to recover your legal costs.

5. Ah! it is breakfast time over here, and I can smell the kippers frying.......... well something fishy anyway?



EDIT:

Undies~ makes some good points in the above post.

This bit is very important:


That is a very interesting use of the future tense?

It implies that they do not already have this evidence? That doesn't surprise me, because they would have to pay the ISP anything that they chose to charge, this being a civil matter.

But, they seem to be able to predict the future?............... which implies planting evidence and conspiracy to pervert the course of justice. That takes us into the realm of felony offenses and free legal advice?

Try your local District Attorney and the FBI for some free advice.

Be sure that you are as pure as the driven snow, because once you unleash the forces of darkness there is no stopping them.

Do not let anyone near your records or equipment and make sure that all communications are in writing, and that alone, and certainly NOT e-mails..

By the way, what exactly was the "defamatory information"?

[RickyB]

No, not stolen, and no I don't know how to use Outlook. I know that may sound ignorant, but my last computer didn't have it. I've got email addresses with yahoo and aol and of course with my ISP. I think the Outlook on this system may not be working correctly. Whenever I click on an email link (which I assume should activate Outlook), it gives an error message about being unable to initiate (or something similar). Not sure why.

I found this site searching google with "Stolen IP address" as a search term.

You better hope that that is not a stolen computer. You don't know how to use Outlook but you are able to stumble into antionline land. This better be a *BS post otherwise DON'T FORGET TO REPLACE THE ETHERNET CARD BEFORE THE STORM. Their servers only know of you through the ID and the media address.

[Und3ertak3r]

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