Traffic Power Exposed via the Courts

[JohnC]

We all know that TP is the epitome of what an SEO firm should NOT be.

I found a post on Anthony's Forum (http://seo.anthonyparsons.com/forum/thread1602.html) which lead me to Aaron Wall's latest post about the suit against him by Traffic Power. It is complete with a .pdf of the “Motion to Dismiss” which details all the crap TP has been doing over the years. Basically a road map of what an SEO firm should NOT do.

I have only read the first few pages .. Its VERY interesting.

[ihelpyou]

It looks like a failure to prove personal jurisdiction in that the plaintiff did not prove that the defendant tried to sell ebooks to "Nevada" state residents. This is what I got out of reading it.

I can't believe the idea that if "one" ebook was sold to Nevada, that would have been enough? Doesn't make any sense to me.

[JohnC]

The interesting part is where they deatil the "libel" claims point by point and then "prove" they were not false claims .. :)

"TP claims 'X' is not true .. yes it is and here's the proof." That stuff is great reading.

[Connie]

I can't believe the idea that if "one" ebook was sold to Nevada, that would have been enough? Doesn't make any sense to me.
I got something a little different. I took it to mean a portion of sales would have to be made in Nevada.

Either way the proof was up to Traffic Power. I think the court could have demanded sales records from Aaron to determine if he was in their jurisdiction. They didn't.

The burden of proof was on Traffic Power as the accuser.

I think people who mindlessly threaten with law suits on the Internet need to realize they don't mean much.

Typically a judgement is worth the paper it is written on even in the same state. One thing to get a judgment, another thing to collect.

I would suspect it would be even harder to collect when the judgment was from a court in a different state.

[WebSavvy]

Well, at least TP didn't win.

I haven't read the pdf yet, but will later on when I get some free time. Considering eBooks can be bought by anyone, anywhere, whether or not they live in Nevada shouldn't make any difference.

To me that's like saying because Joe Shmoe lives in Nevada and wrote an eBook, no one else who's ever written an eBook can sell it to Nevada residents.

That's pure idiocy.

[ihelpyou]

It would make a difference in "jurisdiction" matters however. The court said since no sales were "proved" to be to Nevada residents, then the court has no jurisdiction in the case to begin with. It's just another way the court is telling TP that the lawsuit is frivolous on it's paper.