It never ceases to amaze me how so many ostensibly intelligent people can be so effing bloody stupid when it comes to courts and the legal system. It's obvious that many /.ers learn most if not all of what they think they know about the court system from watching cop shows.
"While this is a massive reduction in the fine . . . "
It's not a fine at all, it's an award of damages. Fines are imposed in criminal matters, this is a civil matter.
It isn't. It's precisely what happens when you don't defend yourself in a lawsuit: The plaintiff automatically wins. A defaulting defendant is deemed to have admitted the truth of all of the plaintiff's allegations and the court is bound to follow that. Spamhaus' attorney committed malpractice by advising them not to defend themselves. After all, if the lawsuit is as "frivolous" as they claim it is, then getting it dismissed shouldn't be a problem, no?
In this case, however, there wasn't a reason. Spamhaus has no US operations and as such no US assets to touch.
Wrong again. Countries often recognise judgments from other foreign countries. e360 could rather easily register this judgment in the UK and pursue Spamhaus' assets there.
If somebody sues me in a foreign country that I never intend to visit, the odds of me spending any money or effort to fight the lawsuit are somewhere between zero and none.
Basically if a company gets sued in a country they don't do business in, they just don't have to care.
See above re: registering foreign judgments in other countries.
And this gem from gun nut Firethorn (177587):
Since most countries won't extradite or hold penalties for stuff that isn't illegal in their home country, they'll essentially have to get Spamhaus retried in Britain.
Extradition only applies in criminal matters. You fail. You're obviously a gundamentalist, the kind that puts the "gun" before "da mental."
rtb61 (674572) writes:
Many countries have loser pays law for civil suits, the US does not.
Those who file frivolous law suits should be made to pay the full costs
U.S. courts routinely impose sanctions on parties for advancing frivolous claims or defenses. Google "Civil Rule 11" and you'll see what I mean.
(every time they loose it is by definition a frivolous case).
Not true. A claim or defense can look like a slam dunk early on, but over time can become less so. At that point, that party is obliged to have a "come to Jesus" talk with their client and hope the other side will agree to a reasonable settlement.
In you are not in the US and your country does have loser pays laws, then you would be a bloody idiot to show up in the US to fight a civil case.
Repeat after me: Courts often allow foreign judgments to be registered and enforced.
by Rabid Anti Spammer (1834994) writes: Lindfart wanted the spamhaus.org domain - which was registered in the USA.
Well, here you go: Spamhaus had assets to protect in the U.S. and defaulted anyway. Wow. Their lawyer should be given a medal.
Second issue in point, and a second mistake to make if you don't consult a lawyer. There is this little treaty with the UK, USA, Canada, Australia and most of Europe, known as the 'cross border enforcement treaty'.
Wrong. There is no such treaty between all of those countries. You're referring to the Brussels Convention which applies between certain EU members only.