Hello Daniel, I agree going to court would not be a path I would choose happily however, the site I've designed and published I have put a lot of time and effort into its success and I am not one for rolling over to a larger company just because they don't like it. It is my hope that we can settle amicably without having to go to court and spending not just the money but even more valuable, my time. Thank you very much for your answer!
Hope is not a strategy. When I'm opposite someone in a dispute who I know cannot afford to litigate there is no legal reason to settle on amicable, reasonable terms. Because the party who cannot afford to fight cannot fight the "settlement" negotiation turns very quickly into me delivering a list of ultimatums. Which the other side has no choice but to accept.
You're right, hope isn't a strategy nor is it mine. I know the facts which you state, but I also know that what they are fighting for isn't worth the 100's of thousands of dollars it will cost them to take me to court. What they want is worthless at this time to them and to the world really. Its only value is to me and the time/money I've put into it personally. I could see them taking me through litigation if I were making millions of dollars on the site, but I'm not nor will I ever I'm sure.
Hello, I wanted to follow up with everyone here on the site to let them know what has happened since the last time I received everyone's great advice. Again, I want to reiterate my appreciation for everyone's advice, this site is great and I recommend it anyone in need of its service.
Since last speaking on this site, the opposing counsel offered a settlement of 'X' amount of dollars to which I declined and counter offered. The opposing counsel then made another offer which was double the amount but still way too little in comparison. The first offer was $50, the second being $100. I again said no and further stated that I would not take less than my previous counter offer.
Since the last email I sent stating the above, which was January 25th, I have not heard back from them. Its been nearly a month now and no answer has been sent, no offer been sent, nothing. No letters have come in the mail from any establishment and no case, as far as I can tell, has been filed.
Is it safe to assume (even though I hate assuming anything) they've walked away? Could the attorney be awaiting approval on the amount to be settled? Or perhaps its not worth them fighting over? I would imagine if they were going to sue, I would have received something by now?