Are all com/net/org domains considered to be US assets in such a case, or does it depend on where the registrar where you purchased them is located? I mean, that sorta seems like one can fire up any kind of completely frivolous lawsuit that has absolutely no merritt (or is just something that is a really weak case) and if the other party doesn't spend potentially 10s of thousands defending themselves against it from abroad by hiring US lawyers you can take their domains. Seems like there's a ton of room for abuse here, especially if the defendant cannot afford to defend themselves abroad. Does the losing party in the US at least have to pay the winners legal fees?

Attachment of 248 .com and .net domains in Northern California to satisfy a judgement based on Verisign being located in San Francisco... they are also located in Virginia.

http://caselaw.findlaw.com/us-9th-circuit/1509526.html

Verisign is actually the registrar for all US based domain names.. others are just resellers. It doesnt matter where the reseller is - Verisign is US based.

So Verisign is the important part of this puzzle not Godaddy or eNom or Moniker.

https://www.verisign.com/en_US/chann...ar/index.xhtml

In the US, its usually each party pays their own attorneys unless there is a contract between the parties that says loser pays or there is a statute that says loser pays.

As for billing companies - almost all credit card processing is based in the US and for the most part - all wire transfers touch US soil at some point.

We also got sued by Williams, was a huge hassle. We are in Europe so we kept ignoring us but she kept going after us. Eventually we settled to make it stop.

In regards to the Subpoena for the OP. They are not after him. If they wanted him they would have Subpoenaed his host and/or domain registrar to get his info.
They are most likely after the info of who uploaded/provided a certain video. Like an ex-girlfriend that got her video uploaded by her ex-bf or her phone/computer was hacked.

This makes it seem incredibly risky to operate at all using a .com domain regardless of if your business is completely legit. Big business could easily bankrupt smaller foreign competitors

Which is why I posted in this thread to the OP saying don't ignore it and hope it will go away.. I already did that.

In my case the person pursuing the charges "is an attorney" so she just prevailed to fuck over everyone no matter how slightly they were involved. You can't fight these things from out of the USA, and even if you do you need a lawyer in the same state, or aware of that states law. And back then when I looked in to lawyers in that town, there were two, and she'd worked at both, plus was later picked up as an intern for the judge hearing the initial case. Local home town hunny, vs the evil pornographers

And all that was based on something that had never made me a cent and I was expected to fight that...

That is why I took no action and I'd guess it was the same reason for others.

I seriously did not believe that justice would be served... and it wasn't

Waves Hi! I don't think people realize how relentless she was, the piles of paperwork sent thru and how she basically just setout to screw everyone. I got done twice, she went for me and my company.

The main problem is everything she was doing from the USA, was done on her own time and cost her zippydoo. Every time someone did anything.. another 1000+ legal page's would arrive in the mail.

Yes. And we havent even talked about lawsuits involving causes of action for "unfair competition."

In California (where I have been licensed for 20 yrs), if your competitor is somehow violating a statue or regulation, and this is costing your company money to compete, you can bring a claim against them for unfair competition for not following the law. And attorney's fees may be awarded.

A legit company can literally drive their competition out of business.

https://www.lexology.com/library/det...6-d459c0686837

Years ago I used this law to file against hundreds of mass torrent uploaders in a copyright infringement case.

You dont need to hire an attorney from the same town. Any attorney in the state can practice in any state court or even an attorney from out of state can be admitted to practice in a different state for a limited purpose such as defending a local lawsuit.

Im General Counsel to a few corps in porn and I will either handle local cases myself or find a local attorney to handle the case and then supervise their work.

Two weeks ago I had to find a local attorney in Seattle to handle a litigation case while I was in Italy.

What about outside of domains etc that can be considered US assets? I would imagine in that case you need local judgement against the foreign defendant in their home country? What is illegal in the US might not be illegal in that country.

Read my post above... #79 - I already answered this question.

No I wouldnt need a judgement in the home country to seize assets in the United States.

It doesnt matter what is legal or not legal in your country. As long as your website is available to US consumers and you do business in the US - hosting, billing, affiliates, members, models, photographers, videographers, content producers, clients ect.

For example, you have 4 .com domains listed in your sig - all US based. You have a DMCA policy on your TOS - a US law. I am sure you have clients in the US you have sold to. You post on GFY.com and advertise here - a US based adult industry website. By those actions you have made yourself subject to the laws and jurisdiction of the United States.

If you dont like that, change all your domains to .pl and geo block all IPs from the United States and do not sell to anyone in the US. Do not post on GFY. Then you would not be subject to jurisdiction of the United States courts.

Good luck with making money without the United States, its citizens and other companies located here.

By email? And did you reply to that?

They can't say you refused defense if they can't prove you had received the subpoena and therefore you knew about it.

You probably replied to that.

Which you can appeal at the local court and say fuck off to them :2 cents:

Here they can use police to deliver you the subpoena if the official letter is not delived and they don't know your current address. A court can ask police to find out your current residency.

Using email is a bad joke, ignore.

I was asking what about assets NOT located in the US. So besides domains and stuff that would be considered US assets. What I was asking is would you need a local judgement in that country to seize cars, property, etc that is located outside of the US. We obviously do alot of business with the US - but hypothetically if you were litigating against me, I had all .pl domains, hosted outside of the US, and got paid by clients primarily with bank transfers and not VISA etc. If you sued me in the US, and I lost by default, would you be able to go after property owned by me in PL to satisfy the debt from the judgement without a ruling from a PL court?

The answer is - it depends on what country and the specifics of international treaties. In short - in some countries it would be easier than others. In others a US judgement cannot be enforced. It would have to be determined on a country by country basis.

http://www.proskauerguide.com/litigation/18/III

Email Subpoena was not served to me, I was part of a class action, and that was used on others.

For me there was no need, as I had correct Whois information, was fully contactable, and removed what was considered to be the infringement in seconds.

Which incidentally means shit, in a class action as they cherry pick out the worst offenders, and then lump everyone else into the same category.

As for not fighting it, yeah it becomes the 1.7 million dollar question
To fight this from Australia, as a company, I really needed an Australian lawyer, which I have but you cant just use any Lawyer, you need one that's Schooled on Australian and American law.

Those guys are big bucks! But you have to pay because my interest is how I can be charged in Australia despite what went on in the USA.

The first thing I'm presented with is a disclaimer, saying they are not liable for any information they give me. And the reason for that is I need a specialist in Australian and West Virginian law and at that time there was NO ONE in Australia offering that service.
There advise then was wait until she trys and brings Judgment to Australia, and we can try and fight it then. But there's no guarantees there either.
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I researched the city where the charges had been laid and online I could only find two local law companies, however the person doing the Suing seemed to of worked at both and as I later learned had also worked as an intern for the Judge.

I guess I could of gotten an out of town lawyer to appear, just understand it was a trail by Jury, the trial took 7 days, it could of taken several weeks.
The costs involved in even considering that were astronomical.

Then consider I had a text link on a webpage, it had made me NO profit, it was uploaded and made by someone else, just happened to be sitting on my server. The link was removed immediately on notification, I was fully contactable via whois information. I operate as a company.. She sued me and the company and won 850k each... for a text link, that had never made myself or company a cent.

My replies in this thread were based on most of the replies/ comments being "ignore it" and using myself and an example as to why maybe you shouldn't ignore it."

My comments are also made while I'm Thailand/ China, for any "other" lawyers who may be reading ;)