The Stevo vs SBR case update - Can a poster post a tout pick on a forum?

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  • SBR_John
    SBR Posting Legend
    • 07-12-05
    • 16471

    #1
    The Stevo vs SBR case update - Can a poster post a tout pick on a forum?


    The question becomes is a website such as SBR liable for damages if a poster posts a copyrighted pick on a forum?

    The case was dismissed in March but the Plaintiff requested and received reconsideration. Most know Stevo as Steve Budin, Brandon Lang and a host of other real and not so real handicappers.

    This is a 20 page read and not suitable for young children, teens, folks in their 20's through 70's or the elderly. But it has become a well followed case among scholars and freedom of speech followers.(and other copyright & patent trolls)
  • sweep
    SBR Posting Legend
    • 10-09-10
    • 16753

    #2
    What is Danieles posting handle? Seems like a lot of this surrounds him/her posting the touts write ups on the message board.
    Comment
    • ex50warrior
      SBR MVP
      • 10-10-09
      • 3815

      #3
      Interesting read; too bad SBR will have to use more resources to defend themselves.
      Comment
      • wantitall4moi
        SBR MVP
        • 04-17-10
        • 3063

        #4
        LOL really?

        If the guy paid for it he can do what he wants to with it.

        If he found it for free then it is obviously available somewhere.

        I also doubt highly that anything nay tout posts is 'copy written'. Especially in a purely legal sense.

        More stupidity to stir traffic here?
        Comment
        • BigDeem5
          SBR Posting Legend
          • 02-26-11
          • 17191

          #5
          Ill be sbrs legal counsel
          Comment
          • onacloud
            SBR Hall of Famer
            • 10-14-10
            • 5360

            #6
            Originally posted by wantitall4moi
            LOL really?

            If the guy paid for it he can do what he wants to with it.

            If he found it for free then it is obviously available somewhere.

            I also doubt highly that anything nay tout posts is 'copy written'. Especially in a purely legal sense.

            More stupidity to stir traffic here?
            SBR still had to pay legal fees for this because of Lang what a joke he is guy just proved he can't pick a winner to save his life
            Comment
            • sweep
              SBR Posting Legend
              • 10-09-10
              • 16753

              #7
              Originally posted by SBR_John
              http://ia700700.us.archive.org/5/ite...79583.52.0.pdf

              The question becomes is a website such as SBR liable for damages if a poster posts a copyrighted pick on a forum?

              The case was dismissed in March but the Plaintiff requested and received reconsideration. Most know Stevo as Steve Budin, Brandon Lang and a host of other real and not so real handicappers.

              This is a 20 page read and not suitable for young children, teens, folks in their 20's through 70's or the elderly. But it has become a well followed case among scholars and freedom of speech followers.(and other copyright & patent trolls)
              Deemer, please refer to bold/underline above. Thanks

              Originally posted by BigDeem5
              Ill be sbrs legal counsel
              Comment
              • Chi_archie
                SBR Aristocracy
                • 07-22-08
                • 63165

                #8
                I'd love to be in the jury box for a case like this IF all legalise jargon was replaced with SBR nomenclature and you'd get nuggets like this

                "Objection your honor, the defense has never fuking heard of the plaintiff"

                "Your honor the defense would like to move to dismiss the case on the grounds that Stevo is an attention whore, broke dik loser, lives in his mother's basement and is known as an auto-fade"

                "If it pleases the court, I'd like to approach the bench.....'your honor saloon this shit!"

                "The Prosecution would like to submit the following into evidence as exhibit B to support the theory that counsel is ghosting and was previously known by the name Ipickwinnersallday"

                "Ladies and Gentleman of the Jury, if this line of questioning doesn't lead somewhere and help the prosecution win, I won't post until 2014"

                "repeat after me, I swear to pay back my points loan 6 points a day, the whole 6 points a day and nothing less than half my winnings on my big lock wager this weekend so help me Yisman"

                "objection your honor, prosecution is clearly badgering and trolling the witness, and this being a subforum proceeding and a weeknight with Shari91 on duty, the defense requests an infraction and 24 hr cool down"
                Comment
                • rkelly110
                  BARRELED IN @ SBR!
                  • 10-05-09
                  • 39691

                  #9
                  Unless the tout has a copy write clause with each of his picks, I would say he doesn't have a leg to stand on.

                  Some touts will give you a PDF on how to pick teams. If they do that, it's public knowledge. If the PDF is
                  copy written, all you have to do is write the PDF in your own words.
                  Comment
                  • SBR_John
                    SBR Posting Legend
                    • 07-12-05
                    • 16471

                    #10
                    Originally posted by sweep
                    What is Danieles posting handle? Seems like a lot of this surrounds him/her posting the touts write ups on the message board.
                    I don't know his posting name. We have never had any communication with him either before, during the lawsuit or after. Stevo was lying in his allegation that he was an agent of SBR. It was a fishing expedition by Stevo. At this stage, the motion to dismiss stage, Stevo can apparently say anything he wants.
                    Comment
                    • rookie363
                      SBR High Roller
                      • 04-12-12
                      • 234

                      #11
                      Chi_Archie,

                      That was an awesome post
                      Comment
                      • nosniboR11
                        SBR Posting Legend
                        • 09-02-08
                        • 10042

                        #12
                        I see both sides of this argument
                        Comment
                        • Mitchell88
                          SBR MVP
                          • 12-16-12
                          • 4334

                          #13
                          i read the whole thing and for anyone to have a lawsuit this is the last guy to do it, he is trying to get $$ anyway he can like he has with his horrible picks. What a f%$^in loser
                          Comment
                          • opie1988
                            SBR Posting Legend
                            • 09-12-10
                            • 23429

                            #14
                            Originally posted by sweep
                            Deemer, please refer to bold/underline above. Thanks
                            Comment
                            • Chi_archie
                              SBR Aristocracy
                              • 07-22-08
                              • 63165

                              #15
                              poster Pin Fish, who just recently posted is mentioned

                              Pin Fisher get in here!



                              For
                              14
                              Case 2:11-cv-00304-LRH -CWH Document 52 Filed 01/25/13 Page 14 of 241
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                              example, one SBR user identified as “Pin Fish” posted handicapping reports under the subject line
                              “redd, jordan, davis, nover, o’brien, mancini???” (FAC #7 at ¶ 80.) The subject line identifies
                              Plaintiffs’ analysts Redd, Jordan, Davis, Nover, O’Brien, and Mancini, and the body of the posting
                              contained these analysts’ reports. T
                              Last edited by Chi_archie; 02-05-13, 10:34 AM.
                              Comment
                              • BigDeem5
                                SBR Posting Legend
                                • 02-26-11
                                • 17191

                                #16
                                I'd destroy this suit.

                                Forward me 5000 fp In the sportsbook and lifetime pro, and I got your back johnny
                                Comment
                                • sweep
                                  SBR Posting Legend
                                  • 10-09-10
                                  • 16753

                                  #17
                                  Yeah ARch, I saw PeppermillRick was mentioned in one section and he's still a regular here...Plays the Poker tourny's everyday.

                                  Get in here Pepper
                                  Comment
                                  • chaka
                                    SBR Sharp
                                    • 12-29-09
                                    • 437

                                    #18
                                    I think a judge would laugh a suit out of court where an actual pick of say indiana +5 is alleged to be copyrightable when there are only two choices for the side either +5 or -5 and there are thousands of people wagering on the event. There is nothing unique here.
                                    The writeup on the other hand may have more protection pending its substance. Wunderdog mentions even verbally sharing the information is a copyright violation yet in a bit of irony many of their writeups use a trend stat verbatim from covers matchup page. Perhaps there is an information sharing agreement in place but unlikely since there is no credit given to covers in WD writeups

                                    i understand their feeling for the potential loss of revenue when their name is assigned to the pick but it is unenforceable in my opinion because one cannot assume any of the people viewing these threads would have made the investment in the first place.
                                    Comment
                                    • tto827
                                      SBR Hall of Famer
                                      • 10-01-12
                                      • 9078

                                      #19
                                      Goldengreek was mentioned also. Made it thru about 18 pages before I just skipped to the conclusion.

                                      From a outsiders point of view, this seems like a very interesting case against Daniele (SBR cannot monitor everything on its site and I find it hard to see them being held accountable for what others post). It seems all the case law is 100% in SBR's favor and Lang has no leg to stand on whatsoever in a court of law.

                                      So massive waste of time and money there, what a surprise in the US court system.....

                                      But does anyone know about proceedings against Daniele? Or was Lang's only course of action to end the subscription to Lang's picks for Daniele?
                                      Comment
                                      • numismatist
                                        SBR MVP
                                        • 10-02-11
                                        • 2192

                                        #20
                                        Lawyers destroyed Western society.
                                        Comment
                                        • UZI Suicide
                                          SBR Hall of Famer
                                          • 02-15-11
                                          • 8426

                                          #21
                                          SBR should countersue Al DeMarco's toupee, make it take the stand and admit that the majority of the cappers on their site are fake (just like his hair) personas created by Stevo Design in order to dupe the public. And how can a fake, totally made up handicapper have copyrighted material?
                                          Comment
                                          • keyboarding
                                            SBR Hall of Famer
                                            • 07-30-09
                                            • 6817

                                            #22
                                            Originally posted by Chi_archie
                                            "Objection your honor, the defense has never fuking heard of the plaintiff"

                                            "If it pleases the court, I'd like to approach the bench.....'your honor saloon this shit!"

                                            "Ladies and Gentleman of the Jury, if this line of questioning doesn't lead somewhere and help the prosecution win, I won't post until 2014"

                                            "repeat after me, I swear to pay back my points loan 6 points a day, the whole 6 points a day and nothing less than half my winnings on my big lock wager this weekend so help me Yisman"
                                            Comment
                                            • str
                                              SBR Posting Legend
                                              • 01-12-09
                                              • 11530

                                              #23
                                              Unbelievable John,

                                              What has this world come too.
                                              Comment
                                              • mickjam42
                                                SBR Wise Guy
                                                • 12-28-11
                                                • 692

                                                #24
                                                If there's no writeup accompanying the post, what is the legal leg to stand on? It's akin to me mentioning a book, the author, and giving away the ending on a blog. Totally ridiculous.

                                                If these cappers would lower their prices to something akin to reasonable and be transparent about their records, more people would buy them. The itunes model applied to handicapping.
                                                Comment
                                                • The Prick
                                                  SBR MVP
                                                  • 08-31-05
                                                  • 4965

                                                  #25
                                                  i freakin love this guy. year round serious business.






                                                  baltimore crew is droppin 50 dime plays.


                                                  i aint no attorney, what does this part mean in english?


                                                  " III. Conclusion
                                                  The court has the power to hear Plaintiffs’ case, but not the power to grant Plaintiffs relief.
                                                  Thus, Plaintiffs’ claims remain dismissed."
                                                  Comment
                                                  • UZI Suicide
                                                    SBR Hall of Famer
                                                    • 02-15-11
                                                    • 8426

                                                    #26
                                                    Somebody should sue Budin for insinuating that he sells a winning product:




                                                    BUDIN NCAA FOOTBALL 2012-13

                                                    10-11-0, -210 DIMES


                                                    GAME 1: OHIO STATE -26 vs MIAMI (OH) WINNER +25 Dimes
                                                    GAME 2: SMU +8 @ BAYLOR LOSER -27.5 Dimes
                                                    GAME 3: MICHIGAN -21.5 vs AIR FORCE LOSER -27.5 Dimes
                                                    GAME 4: TEASER USC -3 & NOTRE DAME +12 LOSER -55 Dimes
                                                    GAME 5: ARIZONA STATE -6 vs UTAH WINNER +25 Dimes
                                                    GAME 6: TEXAS -2 @ OKLAHOMA STATE WINNER +25 Dimes
                                                    GAME 7: CLEMSON -11 vs GEORGIA TECH WINNER +25 Dimes
                                                    GAME 8: ARKANSAS -17 vs KENTUCKY CANCELED
                                                    GAME 9: WESTERN KENTUCKY -3 vs LA MONROE WINNER +25 Dimes
                                                    GAME 10: PENN STATE +1 vs OHIO STATE LOSER -55 Dimes
                                                    GAME 11: OREGON -8 @ USC WINNER +50 Dimes
                                                    GAME 12: NORTH CAROLINA -7.5 vs GEORGIA TECH LOSER -110 Dimes
                                                    GAME 13: MIAMI (FL) -6 vs SOUTH FLORIDA WINNER +100 Dimes
                                                    GAME 14: ARIZONA -2.5 vs ARIZONA STATE LOSER -110 Dimes
                                                    GAME 15: TEXAS A&M -22 vs MISSOURI WINNER +50 Dimes
                                                    GAME 16: HAWAII -7 vs SOUTH ALABAMA WINNER +50 Dimes
                                                    GAME 17: NAVY -7 vs ARMY LOSER -55 Dimes
                                                    GAME 18: LSU -6 vs CLEMSON LOSER -55 Dimes*
                                                    GAME 19: FLORIDA STATE -14 vs NORTHERN ILLINOIS WINNER +25 Dimes*
                                                    GAME 20: OREGON -8 vs KANSAS STATE WINNER +50 Dimes*
                                                    GAME 21: TEXAS A&M vs OKLAHOMA OVER 72.5 LOSER -55 Dimes*
                                                    GAME 22: NOTRE DAME +10 vs ALABAMA LOSER -110 DIMES*

                                                    *BOWL GAME


                                                    BUDIN NFL 2012-13

                                                    13-11-0, +20 DIMES


                                                    GAME 1: JETS -3 vs BILLS WINNER +50 Dimes
                                                    GAME 2: RAIDERS -1 vs CHARGERS LOSER -55 Dimes
                                                    GAME 3: RAVENS +3 @ EAGLES WINNER +50 Dimes
                                                    GAME 4: FALCONS -3 vs BRONCOS WINNER +50 Dimes
                                                    GAME 5: TEXANS -1 @ BRONCOS WINNER +50 Dimes
                                                    GAME 6: CARDINALS -4 vs DOLPHINS LOSER -55 Dimes
                                                    GAME 7: BENGALS -3 vs DOLPHINS LOSER -110 Dimes
                                                    GAME 8: TEASER 7 POINTS (-120) FALCONS & 49ers LOSER -60 Dimes
                                                    GAME 9: CHARGERS -3 @ BROWNS LOSER -27.5 Dimes
                                                    GAME 10: TEXANS -10.5 vs BILLS WINNER +100 Dimes
                                                    GAME 11: BUCCANEERS -3 vs CHARGERS WINNER +50 Dimes
                                                    GAME 12: RAMS -3 (-130) vs JETS LOSER -65 Dimes
                                                    GAME 13: FALCONS -1.5 @ BUCCANEERS LOSER -55 Dimes
                                                    GAME 14: BEARS -3 vs SEAHAWKS LOSER -27.5 Dimes
                                                    GAME 15: 49ERS -10 vs DOLPHINS WINNER +50 Dimes
                                                    GAME 16: RAVENS +3 vs BRONCOS LOSER -110 Dimes
                                                    GAME 17: SAINTS @ COWBOYS OVER 54 WINNER +50 Dimes
                                                    GAME 18: REDSKINS -3 vs COWBOYS WINNER +50 Dimes
                                                    GAME 19: TEXANS -4 vs BENGALS WINNER +50 Dimes*
                                                    GAME 20: RAVENS -7 vs COLTS WINNER +50 Dimes*
                                                    GAME 21: BRONCOS -9 vs RAVENS LOSER -55 Dimes*
                                                    GAME 22: FALCONS -2.5 (-120) vs SEAHAWKS LOSER -60 Dimes*
                                                    GAME 23: RAVENS +8 @ PATRIOTS WINNER +50 Dimes*
                                                    GAME 24: RAVENS +4 vs 49ers WINNER +50 Dimes*

                                                    *PLAYOFFS


                                                    Budin down 190 Dimes for the football season.
                                                    Comment
                                                    • peppermillrick
                                                      SBR MVP
                                                      • 02-20-10
                                                      • 2963

                                                      #27
                                                      Originally posted by sweep
                                                      Yeah ARch, I saw PeppermillRick was mentioned in one section and he's still a regular here...Plays the Poker tourny's everyday.

                                                      Get in here Pepper
                                                      Not Guilty sweeper! I just got done talking to the Judge, I told him to keep me out of it!
                                                      Last edited by peppermillrick; 02-05-13, 02:22 PM.
                                                      Comment
                                                      • UZI Suicide
                                                        SBR Hall of Famer
                                                        • 02-15-11
                                                        • 8426

                                                        #28
                                                        Originally posted by peppermillrick
                                                        Not Guilty sweeper!
                                                        You could always go with the insanity defense.
                                                        Comment
                                                        • peppermillrick
                                                          SBR MVP
                                                          • 02-20-10
                                                          • 2963

                                                          #29
                                                          Originally posted by UZI Suicide
                                                          You could always go with the insanity defense.
                                                          Looks like they are going up the food chain to the top, your next UZI!
                                                          Comment
                                                          • SBR_John
                                                            SBR Posting Legend
                                                            • 07-12-05
                                                            • 16471

                                                            #30
                                                            Waste of time and money. But I think the era of copyright, trademark and patent trolls shaking down social sites and similar sites has run its course. Stevo attorney one Steve Gibson sued nearly 300 websites and raked in a bunch of settlements before a defendant finally took a stand and went to trial. He never won a single case after that. In fact he has declared bankruptcy but luckily for him he was able to leach onto Budin. I can't even imagine how much cash he duked him out of just to see his case get destroyed twice at the motion to dismiss stage.
                                                            Comment
                                                            • El Nino
                                                              SBR Posting Legend
                                                              • 05-03-12
                                                              • 18426

                                                              #31
                                                              Originally posted by Chi_archie
                                                              I'd love to be in the jury box for a case like this IF all legalise jargon was replaced with SBR nomenclature and you'd get nuggets like this

                                                              "Objection your honor, the defense has never fuking heard of the plaintiff"

                                                              "Your honor the defense would like to move to dismiss the case on the grounds that Stevo is an attention whore, broke dik loser, lives in his mother's basement and is known as an auto-fade"

                                                              "If it pleases the court, I'd like to approach the bench.....'your honor saloon this shit!"

                                                              "The Prosecution would like to submit the following into evidence as exhibit B to support the theory that counsel is ghosting and was previously known by the name Ipickwinnersallday"

                                                              "Ladies and Gentleman of the Jury, if this line of questioning doesn't lead somewhere and help the prosecution win, I won't post until 2014"

                                                              "repeat after me, I swear to pay back my points loan 6 points a day, the whole 6 points a day and nothing less than half my winnings on my big lock wager this weekend so help me Yisman"

                                                              "objection your honor, prosecution is clearly badgering and trolling the witness, and this being a subforum proceeding and a weeknight with Shari91 on duty, the defense requests an infraction and 24 hr cool down"
                                                              Comment
                                                              • gambling god
                                                                SBR Hall of Famer
                                                                • 12-20-10
                                                                • 8583

                                                                #32
                                                                People that create fake handicrappers and give out both sides of games filing lawsuits.i would love to see these clowns take a polygraph.Maybe Budin and Rollie will sue Lang for exposing them after he was fired and started telling the truth for once.
                                                                Comment
                                                                • dise-pa
                                                                  SBR MVP
                                                                  • 09-04-09
                                                                  • 4306

                                                                  #33
                                                                  "ALL RISE" the town crier will read the news!!!
                                                                  Comment
                                                                  • nosniboR11
                                                                    SBR Posting Legend
                                                                    • 09-02-08
                                                                    • 10042

                                                                    #34
                                                                    ok read it all

                                                                    wow brandon Lang

                                                                    SBR man this has to suck to spend money to defend yourself from this, wish it was in Texas where loser pays
                                                                    Comment
                                                                    • Louisvillekid1
                                                                      SBR Aristocracy
                                                                      • 10-17-07
                                                                      • 52143

                                                                      #35
                                                                      Originally posted by Chi_archie
                                                                      I'd love to be in the jury box for a case like this IF all legalise jargon was replaced with SBR nomenclature and you'd get nuggets like this

                                                                      "Objection your honor, the defense has never fuking heard of the plaintiff"

                                                                      "Your honor the defense would like to move to dismiss the case on the grounds that Stevo is an attention whore, broke dik loser, lives in his mother's basement and is known as an auto-fade"

                                                                      "If it pleases the court, I'd like to approach the bench.....'your honor saloon this shit!"

                                                                      "The Prosecution would like to submit the following into evidence as exhibit B to support the theory that counsel is ghosting and was previously known by the name Ipickwinnersallday"

                                                                      "Ladies and Gentleman of the Jury, if this line of questioning doesn't lead somewhere and help the prosecution win, I won't post until 2014"

                                                                      "repeat after me, I swear to pay back my points loan 6 points a day, the whole 6 points a day and nothing less than half my winnings on my big lock wager this weekend so help me Yisman"

                                                                      "objection your honor, prosecution is clearly badgering and trolling the witness, and this being a subforum proceeding and a weeknight with Shari91 on duty, the defense requests an infraction and 24 hr cool down"


                                                                      one of the best posts ever,

                                                                      was going to send you 500 points but not a pro,

                                                                      Comment
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