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    • ESS-Tuning threatens potential legal action against BoostAddict.com

      This network of websites never shies away from reporting what is truly going on in the aftermarket industry. It is a very dirty industry with many people ripping each other off and stabbing each other in the back for profit. That is no surprise to anyone.


      It is also no surprise to receive legal threats when reporting something certain companies do not want you to see. Legal threats from ESS-Tuning in particular are nothing new. They did this back in 2011 when BimmerBoost shared photos of a blown motor.

      Absjorn Bohn who is the owner stated he would take pleasure in hurting me and in addition hurting my family:

      Quote Originally Posted by Asbjorn@ESS
      Well you are wrong, both in this case and other ESS related slander cases and we will prove it in court!

      I consider you the absolute scum of the earth and it will be my pleasure taking you and your parents that funded you down for good!

      Regards,

      Asbjorn Bohn
      Classy guy, right? Nothing ever came of that threat or any legal threat from anyone because if you tell the truth you have nothing to fear.

      This latest action is in response to the article BoostAddict posted regarding ESS-Tuning copying the VF-Engineering 5.2 liter Audi/Lamborghini V10 supercharger design.

      BoostAddict of course has made VF-Engineering aware of this threat.

      Amusingly, ESS-Tuning contacted BoostAddict in the beginning of this year hoping to, well, likely keep such a story from ever appearing:

      Quote Originally Posted by Austin@ESS
      I'm sorry to hear that. Asbjorn has everything invested in this company, which he can take very personally. I have taken over the role of customer contact and will do so professionally going forward.
      Hope our business image can change for you in the future.
      Let me make it crystal clear. I will not be bullied, threatened, intimidated, or otherwise kept from doing my job as a free and open press is a cornerstone of American values.

      I will continue to report any dealings that are illegal, dishonest, or just downright theft along with the usual array of positive automotive news. I will not take part in sweeping anything under the rug so that someone can make money at someone else's expense.

      If ESS wishes to press the matter BoostAddict.com is more than happy to revel in the additional attention and traffic generated. The article stays. Period.


      This article was originally published in forum thread: ESS-Tuning threatens potential legal action against BoostAddict.com started by Sticky View original post
      Comments 25 Comments
      1. BLKROKT's Avatar
        BLKROKT -
        While I back you here man, I don't see what the First Amendment has to do with anything. Just to be clear, your First Amendment protections do not apply here, or are just irrelevant. The First Amendment only states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances". Has Congress or the government infringed upon your rights here, because that would be newsworthy.

        I'd also note that the First Amendment doesn't apply to libel and slander (NYT vs Sullivan, 376 US 254 (1964)

        But you know all this. Your site, which would be considered "private property", also has no requirement to uphold so-called "free speech". You can block, kick, delete, edit whatever you want.

        Complaining about First Amendment protections only really applies to government sponsored oppression, not bullying by another private entity.
      1. Sticky2's Avatar
        Sticky2 -
        I'm referring specifically to freedom of the press which you cited. I'm allowed to report if it's the truth aren't I?

        I see what you mean about protection from government and not private entities but the point is I'm operating within my rights and free press is a big part of American ideals that we respect.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by BLKROKT Click here to enlarge
        or of the press
        I cleaned it up a bit to make this part more clear Click here to enlarge
      1. BLKROKT's Avatar
        BLKROKT -
        Same thing. The government isn't preventing you from excercising your 'free press' rights in any way.

        But I get it. You shouldn't be bullied by $#@!s.
      1. Sticky2's Avatar
        Sticky2 -
        Click here to enlarge Originally Posted by BLKROKT Click here to enlarge
        Same thing. The government isn't preventing you from excercising your 'free press' rights in any way.

        But I get it. You shouldn't be bullied by $#@!s.
        Agreed and same thing as far as companies attempting to go against the spirit of free speech.

        Regardless, I won't be bullied.
      1. subaru335i's Avatar
        subaru335i -
        What pieces of $#@!. ESS's business is the one that will hurt from all of this...
      1. j_hynson's Avatar
        j_hynson -
        ESS is garbage
      1. Den*'s Avatar
        Den* -
        ESS is good for s65 isnt?
      1. 0-60Motorsports's Avatar
        0-60Motorsports -
        Good Luck bro
      1. Sticky's Avatar
        Sticky -
        Posted on the AudiBoost Facebook page.

        He mad? He mad:

        Click here to enlarge
      1. subaru335i's Avatar
        subaru335i -
        Click here to enlarge Originally Posted by Den* Click here to enlarge
        ESS is good for s65 isnt?
        No they are garbage and they liars
      1. BPCMotorsports's Avatar
        BPCMotorsports -
        drama.... Click here to enlarge
      1. Proflyer's Avatar
        Proflyer -
        Posturing is so sophomoric.

        If you're going to sue someone, just $#@!ing do it you pussy...unless you can't afford anyone other than Saul.

        If you do get served, a good firm should be able to file a motion to dismiss easily. If they don't secure a dismissal (with prejudice), file counter suit (including fees) right away and I'll bet a knock-off supercharger they go away.
      1. Torgus's Avatar
        Torgus -
        Click here to enlarge Originally Posted by Proflyer Click here to enlarge
        Posturing is so sophomoric.

        If you're going to sue someone, just $#@!ing do it you pussy...unless you can't afford anyone other than Saul.

        If you do get served, a good firm should be able to file a motion to dismiss easily. If they don't secure a dismissal (with prejudice), file counter suit (including fees) right away and I'll bet a knock-off supercharger they go away.
        I was going to say, I don't think it is standard practice to warn the person ahead of time that you are going to sue them. It just gives them time to lawyer up and get their ducks in a row. I would be surprised if any lawyer would suggest this course of action. My guess is he was hoping the threat would be enough to have it taken down etc.

        From my limited experience people who throw the word 'sue' around are nothing to be worried about.
      1. 7to3_enthusiast's Avatar
        7to3_enthusiast -
        Click here to enlarge Originally Posted by Torgus Click here to enlarge
        I was going to say, I don't think it is standard practice to warn the person ahead of time that you are going to sue them. It just gives them time to lawyer up and get their ducks in a row. I would be surprised if any lawyer would suggest this course of action. My guess is he was hoping the threat would be enough to have it taken down etc.

        From my limited experience people who throw the word 'sue' around are nothing to be worried about.
        Agreed,

        If I were going to sue someone, I'd want to give them as little notice as legally possible to better my chances of winning. Just seems like common sense.
      1. Bowser330's Avatar
        Bowser330 -
        Click here to enlarge Originally Posted by Torgus Click here to enlarge
        I was going to say, I don't think it is standard practice to warn the person ahead of time that you are going to sue them. It just gives them time to lawyer up and get their ducks in a row. I would be surprised if any lawyer would suggest this course of action. My guess is he was hoping the threat would be enough to have it taken down etc.

        From my limited experience people who throw the word 'sue' around are nothing to be worried about.
        wait im confused now, wasnt that legal snag-it from a law firm that was offering Sticky representation to fight against the ESS attorney's?

        That's what it sounded like to me.

        The law firm saw that sticky was about to be sued or something and wasnt sure if sticky had representation and was offering their services.

        am i reading that wrong?

        I didnt think it was the ESS attorney's reaching out to him....
      1. lulz_m3's Avatar
        lulz_m3 -
        Click here to enlarge Originally Posted by Bowser330 Click here to enlarge
        wait im confused now, wasnt that legal snag-it from a law firm that was offering Sticky representation to fight against the ESS attorney's?

        That's what it sounded like to me.

        The law firm saw that sticky was about to be sued or something and wasnt sure if sticky had representation and was offering their services.

        am i reading that wrong?

        I didnt think it was the ESS attorney's reaching out to him....
        See the facebook messenger post.
      1. Sticky2's Avatar
        Sticky2 -
        Click here to enlarge Originally Posted by Bowser330 Click here to enlarge
        wait im confused now, wasnt that legal snag-it from a law firm that was offering Sticky representation to fight against the ESS attorney's?

        That's what it sounded like to me.

        The law firm saw that sticky was about to be sued or something and wasnt sure if sticky had representation and was offering their services.

        am i reading that wrong?

        I didnt think it was the ESS attorney's reaching out to him....
        I think you nailed it.
      1. Sticky2's Avatar
        Sticky2 -
        Click here to enlarge Originally Posted by Proflyer Click here to enlarge
        Posturing is so sophomoric.

        If you're going to sue someone, just $#@!ing do it you pussy...unless you can't afford anyone other than Saul.

        If you do get served, a good firm should be able to file a motion to dismiss easily. If they don't secure a dismissal (with prejudice), file counter suit (including fees) right away and I'll bet a knock-off supercharger they go away.
        I think you're right but is my time not valuable and wouldn't I be entitled to compensation in a frivolous action?
      1. Den*'s Avatar
        Den* -
        well if it is copy-paste, then it is a serious violation. i'm afraid bimmerboost is not a right "person" in this case. to win this you, Sticky, will need plenty of time for an expert review, perhaps expensive tests and etc. at the end of the day if you guys confident that it falls under someones patent, then good to go. otherwise, if i was you, i would leave it to someone to handle, for example to patent holder.