Legalwatch: Chapterhouse vs Games Workshop - Appeal filed

[Psychosplodge]

Not being funny Weeble, but how is Mystery supposed to know your statement is anymore accurate than anyone elses? He only asked about previous statements regarding appeals made elsewhere on the forum, which you've probably also read before as well...

[Mr Mystery]

Yup.

That's the damnedest thing about questions. They aren't statements of fact. They're, you know, questions. Intended to request information to better inform the person doing the asking, in the hope that those better versed/more knowledgable will provide.

Rather than becoming a screaming ego queen and deriding someone for not being particularly knowledgable in an area that they really have no experience in on account they have followed a different career path.

If I acted like you when assisting my mentees or the consumer, I'd be rightfully fired.

[weeble1000]

Not being funny Weeble, but how is Mystery supposed to know your statement is anymore accurate than anyone elses? He only asked about previous statements regarding appeals made elsewhere on the forum, which you've probably also read before as well...

I think at this point it is fair to say that regarding the GW v CHS case, I have a very reliable record of providing accurate information with respect to what documents and filings are uploaded to the electronic docket as well as a comparatively decent handle on the legal process in general. So there's that.

If you don't want to take my word for it, the electronic docket is freely accessible to the public. You can think of it as my "rumors" about new rules being codex-in-hand quality. I have a PACER account and a Law 360 email notification set up to ding me when a new file is uploaded to the docket.

If I am providing bad information, it would only take a minute of one's time to figure it out, so there's no point in it.

And for making these sorts of efforts I have been the recipient of more than a little vitriol on the BOLS Lounge. Some of it by Mystery himself. In fact, so much so that I don't post on these forums at all except when it comes to the facts of the GW v CHS case, because I have the crazy notion that with a case so incredibly significant to the wargamining industry as a whole, regardless of how my posting gets treated, it is nevertheless better for people to have easy access to correct information.

So yea, when I post on BOLS I am always particularly sensitive and I have a tendency to be a bit snippy. But of all of the places I post updates about the GW v CHS on, BOLS wins the prize for the most inaccurate information, the most jump-to-conclusions assumptions, and the most pointless and ignorant negativity. I could take the high road, turn the other cheek, live first by example and all that, but I am only human and posters like Mystery wear me down.

So, if you want me to keep posting accurate, up to date information, if you want me to provide explanations for questions about procedure, statutes, precedents, and so forth, I am happy to keep doing that though it will probably come across with a bit of a snide tone because try as I might, it slips through. The environment on these boards encourages that kind of tone because the posts are lousy with it.

You will note that for all of his righteous indignation about one sentence of snippy attitude, Mystery's question did get answered. It got answered fully and accurately.

[DarkLink]

In addition to being 'a little bit snippy', he's got a really, really tall horse, too. But he does seem to know a lot more about the legal system than most people do.

[Psychosplodge]

Do you remember the other thread? I can't keep track of everyones names

I keep telling myself not to come in these threads but its like picking a scab

So as I asked, why was it too late for GW to appeal, but not for CHS?

[weeble1000]

Do you remember the other thread? I can't keep track of everyones names

I keep telling myself not to come in these threads but its like picking a scab

So as I asked, why was it too late for GW to appeal, but not for CHS?

As I answered:

In any case, the appeal issue is very simple. Both parties have the same amount of time in which to file a notice of appeal. Chapterhouse Studios filed its notice on the last day to do so. GW filed no notice on that day, ergo, if CHS had not filed its notice, GW would have also not filed one and there would have been no possible appeal.

However, once a party does file an appeal, the opposing party then has a new length of time in which to file a cross appeal.

[Denzark]

Is Weeby up to his usual tricks? He adds nothing to the BoLS community beyond giving CHS a zealot cheerleader and sprouting pseudo-law. Ever since I put him on ignore it has been blissful.

[MMM]

Well I hope for the hobby that GW loses about all their original claims.

The more companies produce bitz, the better for the players.

GW shot themself a good chunk out of their foot when they discontinued their bitz service.

Thanks for the update.

[Chalji]

Is Weeby up to his usual tricks? He adds nothing to the BoLS community beyond giving CHS a zealot cheerleader and sprouting pseudo-law. Ever since I put him on ignore it has been blissful.

I can' speak for him, but as for myself to answer the question about time to appeal we look at the Federal Rules of Appellate Procedure.

RULE 4. APPEAL AS OF RIGHT—WHEN TAKEN

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

So, both sides, following entry of a final judgment, have 30 days to appeal. In this case, Chapterhouse filed their appeal on the 30th day. GW made no filing. Thus, logically, if Chapterhouse had not filed an appeal, chances are GW would not have, and the case would be done and final. GW would have ran out of time to appeal.

However, once an appeal has been filed, any other party may file a notice of appeal as well, also known as a cross-appeal.

(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.

Thus in this situation, since Chapterhouse filed an appeal, GW has 14 days from that filing date to file their own notice of appeal. We will see if they do so.

[DarkLink]

Is Weeby up to his usual tricks? He adds nothing to the BoLS community beyond giving CHS a zealot cheerleader and sprouting pseudo-law. Ever since I put him on ignore it has been blissful.

I made the mistake of telling him 'hey, you're kind of being kinda condescending', and he wrote like a five page essay on how I was a terrible person and a hypocrite and that, no, in fact, he wasn't condescending. It was actually kind of funny.