<p>IF you looked at the CB data regarding scores kids get in subsequent test administrations (at least at the data 5 years ago when I last searched the CB site. It may be gone now!) one could easily see how these test prep companies get away with their claims. Statistically, most kids have a rise in scores. And if you look at the distribution in score rise, quite a few have these 100 point jumps. Some, although far fewer, have 100 point drops. And the biggest changes are between spring jr year and fall senior year.</p>
<p>The biggest reason for these jumps, most test professionals believe, is not experience with the test or coaching, just maturity and the learning that goes on at this age. So, if one assumes that there is even a small coachable element in the tests, then the coachable element coupled with time makes ofr a can't lose combination for these test prep folks, especially when their downside in only to let the kid repeat the course (like there's time to do so fall of senior year...)</p>
<p>Amyjohnson, please don't automatically assume that because a defendant pays a million dollars to settle a lawsuit that it is an admission of guilt. KD needed to get the case behind them so as not to taint the lucrative summer market. </p>
<p>I don't know if they breached the copyright laws or not. But companies settle cases all the time to get them to go away. One of our clients was sued in a business dispute. Our client had all of its bases covered from a contractual standpoint and we had tons of documentation that our client was in the right. But over time-and hundreds of thousands of dollars in attorneys' fees-it became evident that the plaintiffs were totally prepared to lie on the witness stand and their lawyers were coaching them how to do it. It was much less expensive (attorneys fee wise) to settle the case and pay the liars some money than to litigate it for years, if not decades. It hurt to pay the money, but it would have destroyed their business to litigate for years.</p>
<p>Again, I'm not arguing the merits of CB v KD. Just illustrating why people sometimes pay even if they aren't wrong.</p>
<p>Missypie, I agree with you that KDCP didn't want to let this drag on and on, so that's one reason they settled. But it's the AMOUNT of money that they paid that indicates they knew they were guilty of something. I agree that litigation is costly and time-consuming and may damage the company's reptuation, and of course KDCP wanted to avoid that, but if you're 100% innocent and know the other side has NOTHING against you, you don't pay a MILLION dollars just to "sweep" the bad publicity under the table and move on. </p>
<p>In your client's case, you were faced against the possibility of people perjuring themselves on the stand, so your client's evidence may not have helped, and that's why they settled -- it wasn't worth the hassle and the exorbitant attorney fees for a trial that wasn't a guaranteed win. </p>
<p>In this case, though, KDCP simply had NO evidence to support their side, and THAT's why they settled. College Board DID have a guaranteed win. I believe KDCP needed to settle because they knew if they went to trial, they would lose. Read both lawsuits, and you'll see that CB has WAY more evidence against KDCP than KDCP does against CB. CB lists a large number of VERY specific tests that they claimed KDCP pirated, which means they had some pretty incriminating evidence in their hands. KDCP's claims, by contrast, are general and vague and actually pretty laughable. Really, with the kind of evidence CB had, KDCP's claims wouldn't have stood a chance. She would've been sunk if they went to trial, not because it was expensive and time-consuming and a hassle to proceed with litigation, but because there was too much overwhelming evidence against her. And she already HAS publicly admitted she was guilty of wrongdoing. So that's why they settled...not just because litigation is costly and a pain, but because she was guilty and therefore going to trial would have ruined her. College Board are not the "liars" here, as in your client's case. Their claims are a thousand times stronger than KDCP's, and they have VERY real cause to be upset about massive pirating and violations of test security.</p>
<p>Just my $0.02.</p>
<p>Amy, Reading your post you sound like you are involved in the case. You sound like you are one of the whistleblowers with an ax to grind. Go have another cigarette and take your grandkids to Disney World or keep trying to get another job. Good luck with that!</p>
<p>Oh, don't be silly. Anyone can read these lawsuits and judge for themselves. I think CB's case is pretty darn strong, and I think most well-reasoned people can take a look at the handwriting on the wall and agree that KDCP's committed some pretty serious wrongdoing. Anyway, it sounds to me like YOU'RE the one with an axe to grind!</p>
<p>The kids taking the SAT in 7th grade are most likely doing it as part of a talent search for gifted kids. These kids often hit the ceiling for tests aimed at their grade level, the ACT and SAT provide useful information as to how much higher than the 99th %ile they really are. These tests do help in plannning the education for kids- Northwestern U runs one center and there are others in other regions serving needs. So, please don't knock young test takers.</p>