I got a "courtesy copy" of the complaint this morning (via overnight Fedex). Does that count as service?

I'm not incorporated and haven't thought about Delaware in particular as a place to advertise Voo2do. There are certainly Voo2do users in Delaware (and in most other places in the world).

The only income I've received to date from Voo2do has been donations from people who found it useful. If you consider the cost of the hosting, Voo2do has been a net money loser for me for many years. But it's led to a lot of other great contacts and given me a lot of satisfaction from helping other people.

You should stop talking in public about this case. Anything you say can be used against you by them. Talk to other defendants but most importantly, find a lawyer and talk to them first.

PS: Ask pg to delete your post.

That probably does not count as service. Service of process is governed by Rule 4 of Civil Procedure (in Mass and at the Federal Level). The overnight likely does not meet requirements of either Mass state or federal rules of civil procedure.

Mass. Rule 4: http://www.lawlib.state.ma.us/mrcp4.html Federal Rule 4: http://www.law.cornell.edu/rules/frcp/Rule4.htm

Did you receive a summons or was it just a printout of what we saw in the TC article? Insufficient service is grounds for dismissal. The plaintiff has time to correct, though.

You should see if there are any users in Delaware. If not, I doubt you can be compelled to court there. Even if you do have users in Delaware, it is a stretch.

For everyone on YC News, this is a reason to incorporate in your home state, not Delaware. Incorporate in Delaware if you want VC funding. Otherwise, stay in your home state. If you incorporate in Delaware, or any other state for that matter, courts automatically grant personal jurisdiction in that state. Basically, that means you have to go to court there.

This is also a reason to incorporate. Right now shimon is personally liable for damages, if any.

In retrospect, any limitation on potential liability would be nice. But I didn't originally set out to make Voo2do into a business -- the only way I get money for it at present is through donations. Are you saying anyone who wants to build and offer a web application should form an umbrella corporation for that? What about non-web software? Where do you draw the line between "personal experimental project" and "entity that needs a state-sanctioned organization around it"?

"Personal experimental project" is just that. Only you use it. Once you let an outside person use it you have distributed in the eyes of the law. You are open to suit and are no longer within safe harbors of personal use.

If you are making something for others to use, incorporate. It will cost you a few hundred dollars per year in filing fees, but that is just a type of insurance against times like this.