Legal Question in Technology Law in California

Website violating Terms of Service

This is an internet law question.

I would like to know what a (California-based) gaming company can do against websites (non-US) violating their Terms of Service and making money doing it? (trading/selling accounts, selling ingame items, etc.).

Do the gaming company have any rights against them or not? They said they ''tried to contact the Internet Service Provider of the websites, but to no avail''. Is it really all they can do?

Thanks in advance!

Maxime


Asked on 10/20/08, 1:09 pm

1 Answer from Attorneys

Nicolai Nielsen Zimmermann Nielsen & Colleagues

Re: Website violating Terms of Service

1) Actions in CA:

You can cancel their accounts (self-understood).

Most likely you will be able to sue them in California. It would be helpful if your terms and conditions had a venue clause in this regard.

In general California courts are willing to hear

cases of California citizens against the bad guys somewhere in the world.

You did not mention enough facts to assume that you

can send their ISP a DMCA takedown notice (for violation of your copyrights).

2) Actions at domicile of foreign violator

Once you have a California verdict (maybe even with damages) you can try to enforce it in the foreign jurisdiction. Countries in Western Europe have a comparatively reliable legal system one could use. (These countries consider the American legal system as messy and will not necessarily enforce all parts of the judgment).

You can of course try to sue the violator directly, however, litigation from afar is not that easy.

In general, litigation will cost you and might not be the appropriate measure against someone creating false accounts. Unless your business is seriously affected (and the violator is not just a nuisance) you might be better off taking technical measures against them

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Answered on 10/20/08, 8:27 pm


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