On July 4th, 2012, ENZO, INC filed a suit against DAVE., LTD; including it's officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concertwith any of them for the damages inflicted to the NextGenUpdate postbit for a period of over 24 hours. These damages caused harm to the NextGenUpdate community, with vBPlaza information, gaming information, contact information and, to some extent, the general information of each user. ENZO, INC has included Exhibit A, Exhibit B and Exhibit C as evidence of the actions by DAVE. LTD, that ultimately resulted in damages to the postbit.
I . EVIDENCE
I. EXHIBIT A
An image displaying Dave, userid 137399, creating and manipulating plugin 6041 multiple times.
II. EXHIBIT B
An image of plugin 6041, that was created by Dave. This shows the plugin was intended to impact on the postbit.
III. EXHIBIT C
A syntax check of pluign 6041, showing that it was not function at time of creation.
ENZO, INC is motioning to receive damages from having to find the cause and repair the issues created by DAVE., LTD in the amount of $80,000 and requests that the other side, DAVE., LTD; it's officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, cover the $20,000 in legal fees faced by ENZO, INC.
Under Section 918.13 of the Statue Title XLVII, the tampering of evidence defined as the 'destruction, alteration, removal or concealment of objects, records or documents marked as evidence'. The statue does require that the tampering of the evidence is 'intentional, with the purpose of making the evidence unavailable or impairing its value in court'.
The defence feels the deliberate removal of ENZO, INC from the administrator archive qualifies directly as a 'concealment of objects'.
Section 918.13 makes it a crime to 'present any objects, records or documents marked as evidence knowing that evidence is false'.
Anyone found guilty of fabricating or tampering with evidence under Section 918.13 is subject to imprisonment as set forth in Section 775.082. Under Section 775.082(3)(d), the penalty for a third-degree felony is up to five years in prison. The court also has the discretion to sentence the defendant to "a nonstate prison sanction.
The defence demands that all evidence presented be ceased from the trial at once. We also ask that the original source code which has not been tampered with by the prosecutor, be taken into account, which has been verified by many syntax checkers as perfectly fine:
The defence also questions whether the minimum age requirement to testify in court is being enforced.