Legal Question in Intellectual Property in New York

Re: Copyright Infringement

YOU ASK GOOD QUESTIONS.

YOUR QUESTIONS ARE IN MIXED CASE; MY ANSWERS ARE IN UPPER CASE. I DON'T MEAN TO SHOUT; IT'S JUST A CONVENIENT WAY TO DIFFERENTIATE BETWEEN PERSONS COMMENTING.

I live here in the Philippines and posted an ebook for sale on ebay worldwide which turned out to be copyrighted. The owner of the copyright wrote me letter telling me to settle or be sued. I found the ebook on the internet and thought it was already public domain so I posted it on ebay. My Questions are:

1. Can I be sued in US courts even if the infringement was done on Ebay Worldwide?

YES, IF THE COPYRIGHT IS A UNITED STATES COPYRIGHT YOU CAN BE SUED IN US COURTS UNDER US LAW.

2. If yes, would I still come within the US court's jurisdiction since I'm an alien and residing outside the US?

POSSIBLY; THAT'S CALLED LONG-ARM JURISDICTION. IT APPLIES TO PERSONS WHO MAY BE OUTSIDE OF THE GEOGRAPHICAL REACH OF THE COURTS BUT WHOSE ACTIONS INFRINGE THE RIGHTS OF PERSONS WHO LIVE WITHIN THE JURISDICTION OF THAT COURT.

3. If I was sued, would the judge still make a decision even if I couldn't appear because I'm over at the other side of the world?

PROBABLY THE JUDGE WOULD MAKE A DEFAULT RULING AGAINST YOU IF YOU DON'T APPEAR IN COURT. YOU MAY APPEAR THROUGH AN ATTORNEY ADMITTED IN THAT COURT/ JURISDICTION WHOM YOU HIRE TO GO TO COURT FOR YOU.

YOU MAY HAVE TO COME TO THE US TO TESTIFY AT DEPOSITION OR AT TRIAL IF THE CASE GETS THAT FAR.

4. Isn't there some law that protects the rights of aliens who are tried in US courts and couldn't defend themselves because even if they were sent a summons, they could not possibly appear in court since they've never set foot on US soil?

INTERNET JURISDICTION IS A VERY UNSETTLED AREA OF LAW, ESPECIALLY WHERE IT CROSSES INTERNATIONAL BOUNDARIES. IN GENERAL, COURTS DO TAKE JURISDICTION OVER CASES WHERE THE DEFENDANT HAS ACTED IN A WAY THAT INFRINGES THE RIGHTS OF CITIZENS WHO RESIDE OR HAVE A PRINCIPAL PLACE OF BUSINESS WITHIN THE JURISDICTION OF THE COURT.

IF YOU WISH TO DISCUSS YOUR SITUATION FURTHER, PLEASE FEEL FREE TO CONTACT ME DIRECTLY.

The information posted here is general in nature and is not intended as, nor should it be construed as, legal advice. For specific advice concerning your situation, consult your attorney.