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Judge decision on March 12, 2018 – 53 page decision by Federal Judge James M. Hopkins that show that NAAIP is good and that Compulife’s lawsuit claims were bogus.
This was a bench trial – The Judge was a former computer programmer.
The prelude was ……
NAAIP was brutally attacked in April, 2015 by a perceived competitor named Compulife with an outrageous claims of wrong doing. Expert witness Dr. Martin Walker of MIT and PhD from Stanford will cause this to be thrown out and a counter claim will have justice served.
Agents that were contacted on this matter have a legitimate grievance. Quite a few agents were influenced negatively by these malicious claims by Compulife. We are collecting names for those interested in a class-action lawsuit against Compulife. Individual lawsuits against Compulife, in my opinion, would succeed.
Compulife committed this attempted fraud of using the legal system to to to harm NAAIP and its agents and its opening salvo had a misleading expert opinion. The following is our attorney’s motion to strike Compulife’s “unreliable and not relevant” expert opinion. Individual agents that will be individually suing Compulife in a lawsuit will find this motion to strike useful.
In April of 2015, The owner of Compulife, Mr. Robert Barney, which sells a term life quote engine to insurance agents, started a brutal campaign in an attempt to destroy NAAIP. It was brutal – The following is a list of actions that Robert Barney has done since April, 2015.
- in April, Mr. Robert Barney started the first of over 500 posts on an insurance agent forum lambasting NAAIP and its agents as being software “pirates.”
- Actually quoting on the forum and other place that 5 years in jail is the punishment for piracy.
- In May, 2015, 400 NAAIP agents were sent a US mail letter from an attorney’s office in Kentucky demanding the NAAIP agent cease and desist using their free NAAIP website and term life quote engine because continuing to use NAAIP would be considered “piracy.” Enclosed in this letter was a demand for payment of $540 for prior use. A affadavit affirming this “piracy” was signed by a third party. 11 NAAIP agents ended up sending Compulife money.
- Understandably, many NAAIP agents that received the legal letter did not want to be involved in a battle. A very high percentage of agents agreed to delete their NAAIP website.
- Robert Barney smelled success and gathered a total of 2,200 names, phone numbers and email addresses of NAAIP agents via Google searches.
- These 2,200 agents were bombarded with multiple well-written emails from Robert Barney demanding a “cease and desist” of the agents’ “piracy” as well as a $540 payment. Thankfully, only 11 agents in total sent Robert Barney money.
- Robert Barney followed up these multiple emails with a telemarketing campaign. Phoning agents and leaving messages. Robert Barney went so far as to have an excel spread-sheet of his contacts with the 2,200 NAAIP agents.
- Robert Barney bought a website domain name and started to document the “evidence” of “software piracy.” Included in this website were a list of about 1,800 agents and links to their NAAIP website. Robert Barney states on this website page the agent name and the word piracy, pirated, etc. written 12 times (May, 2016).
- Direct quotes from the page that was designed to name and shame agents into forking over $540 – 4 examples of text from that name & shame webpage.
- 1. “archived as evidence of ongoing software piracy by NAAIP and the agents who have used NAAIP to create their personalized websites…”
- 2. “agents on this list refused to settle and have continued to pirate the Compulife software program …”
- 3. “The agents/agencies listed here continue to rely upon a pirated copy of the Compulife …”
- 4. “Over 300 of these agents/agencies have either removed the pirated…”
- Based on my experience with Google and what I saw with my own eyes. This technique of Robert Barney listing the agent name, link to agent website and the word “piracy” 12 times was designed to having the agent’s name appear in Google as a “software pirate.”
- During this time period Robert Barney was in contact with multiple entities to attempt to “shut down” NAAIP and harm our insurance agent of record, Binyomin Rutstein and his family. Obviously, NAAIP and Mr. Rutstein will be filing a multi-million dollar lawsuit against Compulife and Robert Barney.
- In Spring, 2016, Robert Barney and Compulife sued in Federal Court Binyomin Rutstein, Binyomin’s relation, the programer of NAAIP, Mr. Moses Newman and myself. The initial complaint mentioned “software piracy” but the subsquent amended complaint and talk at the trial was focused on “copywrite infringement.”
- Being involved in a very expensive litigation is not something that I ever desired when I founded NAAIP. But once I was served with legal papers, I had to cope with this new reality.
- As an aside, it would have been nice of Bob Barney to have informed those 2,200 agents that his “beef” was copywrite infringement and not “piracy.” lol.
- In late 2016, Bob Barney and Compulife filed in Federal class-action lawsuit alleging “infringement.” 8 agents were named as representives of the class of 1,826 named NAAIP agents. Those 8 agents were served a huge stack of papers which “freaked them out.” The other 1,800+ agents may have stumbled on the lawsuit after doing a search on Google for the word “lawsuit + their name.”
- Compulife’s technique of “name and shame” is going “full metal jacket.” Compulife is telling the world that they are real serious about shutting down NAAIP and prosecuting the “pirates.”
- Compulife also sued entities that were paying NAAIP and/or related parties.
- Obviously, the class-action lawsuit was immediately “stayed’ by the Federal Judge pending the outcome of the initial claim.
- In March, 2017 there is a hearing on Compulife’s injuction request to “shut down” NAAIP. The Judge decision was publicized on June, 2017 denying Compulife’s request. The very clear decision by the Federal Judge should have been a “wake-up call” to Bob Barney and Compulife to stop defaming NAAIP and its agents.
- In August, all parties were forced to attend an arbitration hearing before a federal judge and Compulife demanded $5 million dollars and that NAAIP to be “shut down.”
- October 2, 2017 – Moses Newman, our programmer, attended a 5 day trial and testified for 15 minutes total.
- Compulife showed up with 4 attorneys, Compulife’s investigator, Compulife’s programmer and his wife, Compulife’s office manager, Compulife’s expert witness and Mr. Robert Barney all testified.
- The Compulife team needed a minvan to bring into the court room dozens of huge boxes filled with thousands of pages.
- We depended on Moses Newman, a NYU educated computer programmer, to research this case. Moses told us the case had no basis from day 1.
- Moses was shaking his head wondering how Compulife had “the culiones” to spend (in his estimation over $700,000 in attorney fees) on these ridiculous claims.
- Thankfully, for NAAIP and its agents the initial Federal Judge who denied Compulife’s injuction request persuaded both sides to forgo a jury trial and accept The Honorable Judge James M. Hopkins to decide the case at a bench trial.
- Judge James M. Hopkins is a former computer programmer who is very serious about “not wasting the court’s time.”
- Judge James M. Hopkins wrote the decision on March 12, 2018 with the exact same words that Moses envisioned after he spent a day researching Compulife’s claims.
- In Moses’ opinion, Compulife’s claims were frivolous and Compulife’s Attorney Joel Rothman of Boca Raton, Florida should be sactioned by the court for wasting the court’s time in filing the Compulife lawsuit.
- In Moses’ opinion, Compulife Attorney Joel Rothman of Boca Raton, Florida profited handsomely in the way of attorney fees and is laughing all the way to the bank.
- Afer thorough reviews, a Florida Bar complaint will be filed against Attorney Joel Rothman of Boca Raton with details of specific unethical actions that was not becoming of a Florida IP attorney or Florida Patent Attorney.
- The defamation website owned and operated by Robert Barney of Compulife was deleted by Compulife’s Robert Barney immediately after Judge Hopkins’s rulling.
- Obviously, the harm that Robert Barney and Compulife maliciously caused others should be compensated.