Hondata Sueing Dave Blundell?

cardinal811 · Post by **cardinal811** » Sat Oct 27, 2007 9:31 am

Hondata you need to say something to the community. Many people are dontaing cash to help him out with lawyers cause they are only hearing his side of the story.

blundar · Post by **blundar** » Sat Oct 27, 2007 10:14 am

Actually, all the legal correspondence in the matter is available for people to view, including Hondata's representation of facts as contained within proposed settlement agreements and reasoning for their actions. That's probably about as much of "their side" of the story as you can ask for. Nothing has been edited. It will all be public record anyways - no reason to hide it now.

Post by **Hondata** » Sat Oct 27, 2007 5:13 pm

First, Hondata is not suing pgmfi.org

Software was posted to PGMFI whose sole purpose was the theft of Hondata's intellectual property.

Blundell was asked to remove the software, but chose to do nothing, allowing additional users to download the software.

Blundell stated that this scenario was likely to happen again.

Blundell was asked to give Hondata the ability to delete or move future postings that violated Hondata's intellectual property.

Blundell declined to do so, or offer any way for Hondata to protect its intellectual property within the PGMFI forums.

Hondata asks nothing more than reasonable legal protection for its property and to prevent this from happening again.

The door is still open for Blundell to achieve this if he chooses to do so.

Derek Stevens & Doug Macmillan

OnePointFive · Post by **OnePointFive** » Sat Oct 27, 2007 6:42 pm

good luck getting that one past the DMCA, Hondata.

From the looks of things, it looks like this lawsuit may cause more harm than good.

blundar · Post by **blundar** » Sat Oct 27, 2007 8:33 pm

Hondata wrote:Hondata asks nothing more than reasonable legal protection for its property and to prevent this from happening again.

The door is still open for Blundell to achieve this if he chooses to do so.

Doug and Derek,

I must respectfully disagree with your statement that "the door is still open..."

On January 1, 2007 I sold PGMFI.org. I no longer have the authority to meet any of your original demands, nor am I heavily involved with the operation of PGMFI on a day-to-day basis as I once was.

Shortly after the transaction for the sale was completed, the new owner sent an email to your counsel to try to reopen discussion. He has yet to receive any response. If you indeed seek to have "reasonable legal protection for [your] property..." then I would have expected you to reply promptly. Your actions considering the position you just posted seem contradictory to me - if you wanted to secure protection for your IP on PGMFI, dealing with its owner would be more productive. I can only hope that you were not aware that the current owner of PGMFI attempted to initiate negotiations to address your concerns.

I can forward you a copy of the email dated 1/11/07 if you wish.

David Blundell

Post by **Hondata** » Sat Oct 27, 2007 9:51 pm

Dave,

You must understand that to most people it would look like your sale of pgmfi to Mr Ivanof is a thinly disguised attempt to shed responsibility. For example, it appears that you still have day to day control and effectively run pgmfi, and just the domain registration was transferred. The regular posts as moderator and the changes made in the last two days would be testament to that as well. We suggest we move past that hurdle and start looking at solutions.

Mr Ivanof stopped responding to our initial letter and emails. Given your obvious influence in running pgmfi, you could contact Mr Ivanof and suggest he would consider the changes we requested.

We honestly did not want this to happen, but it is your actions alone which have determined the course the proceedings have taken so far, just as your actions will determine the future course of events. Again, please consider your options - this will benefit both of us.

cardinal811 · Post by **cardinal811** » Sun Oct 28, 2007 5:05 am

So Dave Why are you posting on sites for help if your safe and are asking for donations and spreading the word that Hondata are doing you wrong? www.homemadeturbo.com in the engine management would be a great place to start hondata? People want answers and they want the whole HONDA community to be collective and growing but not fussing over a kid that posted a K series download. I personally support Hondata and I love your products and I even put my representation on the line on several forums and got nothin but harassment cause I'm not conformed to the freeware system. I pay for what I want and I never choose to do less or cheat on others intellegance. Become a member on homemadeturbo and brief people on your story. David it seems if you claim to be innocent then why you on so many forums asking for anti hondata support?

cardinal811 · Post by **cardinal811** » Sun Oct 28, 2007 5:17 am

And I'm sure that the magazines are wondering the same since they have featured many and many of people using crome, uberdata, turboedit, ectune, and other freeware items. I bet this will be a mags feature idea for a story, I hope you two get this arguent straightened out. 8)

blundar · Post by **blundar** » Sun Oct 28, 2007 8:39 am

cardinal811 wrote:So Dave Why are you posting on sites for help if your safe and are asking for donations and spreading the word that Hondata are doing you wrong? ... David it seems if you claim to be innocent then why you on so many forums asking for anti hondata support?

I think you appear to be ignorant of the law. After a lawsuit is filed and service received (October 23, 2007), I have 30 days to respond to the lawsuit or give the people suing me an opportunity to win without having anything contested. This also opens the door for a default judgment where the party suing me can ask for whatever they can reasonably justify in damages.

At the time of receiving this lawsuit, I was not prepared to hire a California attorney to fight this lawsuit. I was certainly not prepared to roll over and play dead.

And just to clarify: I did not ask for help "anti-Hondata" - in fact, I specifically asked people to keep their posts reasonable and respectful. In every single post I personally made, I asked for help for my defense.

blundar · Post by **blundar** » Sun Oct 28, 2007 9:14 am

Hondata wrote:Dave,

You must understand that to most people it would look like your sale of pgmfi to Mr Ivanof is a thinly disguised attempt to shed responsibility. For example, it appears that you still have day to day control and effectively run pgmfi, and just the domain registration was transferred. The regular posts as moderator and the changes made in the last two days would be testament to that as well. We suggest we move past that hurdle and start looking at solutions.

Mr Ivanof stopped responding to our initial letter and emails. Given your obvious influence in running pgmfi, you could contact Mr Ivanof and suggest he would consider the changes we requested.

Number of posts in past 12 months on PGMFI, including all posts related to this legal matter and all posts related to Wiki maintenance: 169
Number of posts on average per year for other years since site opened: 1045
Why the sudden decrease? I am no longer involved with running PGMFI on a day to day basis - there have been months where I haven't logged into the forum more than once. Nick hosts the forum. Nick moderates the forum under the guidance of Vladimir.
I still run http://wiki.pgmfi.org (largely because I am the only one who is capable of maintaining the nasty ass perl mess) and I am more than willing to give you access to edit and modify things on the Wiki once that is technically possible.

This legal matter has soured things for me. I have a family and a business to look after - I sold the site because it no longer makes sense for me to take the risk of being involved with it. Someone else stepped up and was willing to do so, well aware of the troubles pending. I'm not going to kick a gift horse in the mouth when I worry about the other mouths I have to feed. Doug, I know you have kids and I know that you can relate to the pressure of providing for your loved ones.

I will mention to Vladimir that "Mr Ivanof stopped responding to our initial letter and emails." I don't think he has received any correspondence whatsoever from yourself, Derek or your attorney. His awareness of this matter is limited to the documents exchanged by our lawyers last year and my attempts to explain them to him when his English was lacking. Next time we chat, I will be sure to ask him. I know he never received any response to the email he sent to your council.

If you indeed intend to try to get your demands met, you're barking up the wrong tree. I am not the person who has final say anymore. Perhaps you should at least TRY talking to the person who is?

-Dave Blundell

cardinal811 · Post by **cardinal811** » Sun Oct 28, 2007 4:09 pm

And just to clarify: I did not ask for help "anti-Hondata" - in fact, I specifically asked people to keep their posts reasonable and respectful. In every single post I personally made, I asked for help for my defense.[/quote]

I didnt mean anti-Hondata I meant that every site your on asking for help 99.99% of the members use freeware and thats how your getting the support. Props to ya, I'd do the same if I invented something and have many followers. Then Hondata users are asked to be banned by other members after they start asking questions that show that they are not in favor of freeware. But this isnt about freeware its about some KNUCKLE HEAD that posted a K series down load.......Hondata why are you attacking just David and not going after the hacker that posted/created the download? This is the only part I'm not agreeing with Hondata at this time.

Post by **Hondata** » Sun Oct 28, 2007 7:08 pm

Read the third post, specifically around the third sentence.

cardinal811 · Post by **cardinal811** » Mon Oct 29, 2007 11:32 am

Yeah I know but why just him, why not the ones that downloaded it and the ONE THAT UPLOADED it. Dave seems to be an alright and intelligant fella with a goal to prosper and create a strong family relationship. So I can understand with time to do things are cramped at times and certain priorities over take others. Is the downloader down and gone now? If so I believe he would of done his best in a speedy manner with a priority based decision.

Post by **Hondata** » Mon Oct 29, 2007 2:38 pm

We did take action against the author / uploader of the software, and that was settled last year.

Dave allowed the software to remain on the server - despite having ample time and opportunity to remove it. It was not a matter of a few hours while Dave was in class.

cardinal811 · Post by **cardinal811** » Mon Oct 29, 2007 6:18 pm

Just by anychance, do you know how long it was up after you contacted him, and if this was a settlement from last year, why take action again a year later? Or was it on there that long after he was notified?