Where do they sue? Host country or country where business is registered?

Discussion in 'Legal Issues' started by deluxemall, Nov 16, 2009.

  1. #1
    If a big company decide to sue you, will they sue based on where the site is located or where is business is registered and operated?
     
    deluxemall, Nov 16, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    They are going to sue you where is gives them the best advantage. If they are looking to collect damages, they are probably going to do where the site owner lives.
     
    mjewel, Nov 16, 2009 IP
  3. point2

    point2 Active Member

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    #3
    If they file a case against you.. then to where you live.. from what i know..
     
    point2, Nov 16, 2009 IP
  4. deluxemall

    deluxemall Peon

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    #4
    What is procedure when a company want to sue you...

    - They will go after your hosting company first or you directly?
     
    deluxemall, Nov 16, 2009 IP
  5. elladrone

    elladrone Peon

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    #5
    OP, it depends what are they out for. On DMCA, the hosting company gets away with notifying you of the infringement and suspending your account. So forget about them taking the heat off you. If it's just a breach of TOS, things are muddier.
    Once they can legally force the hosting company to give them your details, they can sue you anywhere. Fake registration details and offshore hosting might help to protect from these, but you should know how to do it prior to engaging in any activities that could trigger such a response, right?
     
    elladrone, Nov 17, 2009 IP
  6. hmansfield

    hmansfield Guest

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    #6
    Very rarely will the hosting company be sued first unless they are repeat offenders or grossly negligent.
    It's your site. You are responsible for the content. You are the one in violation. You get sued.
     
    hmansfield, Nov 17, 2009 IP
  7. SmallPotatoes

    SmallPotatoes Peon

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    #7
    They will choose the jurisdiction where:

    A) you have the most assets available, and
    B) history shows they are most likely to get a favorable judgment.

    The farther you're spread out, the more options they have.
     
    SmallPotatoes, Nov 17, 2009 IP
  8. point2

    point2 Active Member

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    #8
    I think to you.. i think depends on the case.. if they can sue the host then they'll go with the bigger fish first..
     
    point2, Nov 18, 2009 IP
  9. martzos

    martzos Member

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    #9
    they will sue you
    i don't think the hosting company is responsible for your content
     
    martzos, Nov 18, 2009 IP