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The issue of Jurisdiction: In principle, it is possible that you may come under the jurisdiction of the United States District Court. This is because of the ‘Minimum Contact’ standard followed by the U.S. Courts for deciding jurisdiction in cases similar to yours. In your case, the required minimum contact can be determined from the...
Wazzeer Professional Network
ProfessionalWe are an Indian firm and have developed a CMS application to manage websites. The application runs on UK servers. We are having clients from all over the world and their websites are hosted on the same UK server. We have received a civil suit summon for copyright infringement of CMS software by a United States District Court for the Central District of New York. Plaintiff's software firm is claiming that we are having a client from New York whose website(website for one of the New York's school) is managed using our CMS and so we are making business in New York and using the infringing material for commercial gain in New York. Hence, jurisdiction is a district of New York. I am an Indian citizen having firm registered in India operated from India only. We sell our software online which is hosted on UK servers. Our New York's client site is hosted on UK server. Our CMS software is running on the same server. 1. How can we come under the jurisdiction of United States District Court? 2. What should be our reply to a such summon?
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Wazzeer Professional Network
ProfessionalThe issue of Jurisdiction: In principle, it is possible that you may come under the jurisdiction of the United States District Court. This is because of the ‘Minimum Contact’ standard followed by the U.S. Courts for deciding jurisdiction in cases similar to yours. In your case, the required minimum contact can be determined from the fact that you provide services in the U.S. Be that as it may, you can always address this issue in the reply to the Summons.
Reply to the Summons: In your reply, you have two options: you can either ‘file an answer’ or you can ‘file for dismissal’ of the case.
1. In case you file an answer: Deny the Plaintiff’s claims and state that your CMS application is an ‘original’ work. This should be submitted with factual proof. You can also include a counter-claim in your reply.
2. In case you file for dismissal: You can argue that the Court lacks Personal Jurisdiction: Claim that jurisdiction of the U.S. Courts in your case would be against fair play and justice.
In case you need a helping hand in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 2 years ago
The issue of Jurisdiction: In principle, it is possible that you may come under the jurisdiction of the United States District Court. This is because of the ‘Minimum Contact’ standard followed by the U.S. Courts for deciding jurisdiction in cases similar to yours. In your case, the required minimum contact can be determined from the...
Wazzeer Professional Network
ProfessionalWe are an Indian firm and have developed a CMS application to manage websites. The application runs on UK servers. We are having clients from all over the world and their websites are hosted on the same UK server. We have received a civil suit summon for copyright infringement of CMS software by a United States District Court for the Central District of New York. Plaintiff's software firm is claiming that we are having a client from New York whose website(website for one of the New York's school) is managed using our CMS and so we are making business in New York and using the infringing material for commercial gain in New York. Hence, jurisdiction is a district of New York. I am an Indian citizen having firm registered in India operated from India only. We sell our software online which is hosted on UK servers. Our New York's client site is hosted on UK server. Our CMS software is running on the same server. 1. How can we come under the jurisdiction of United States District Court? 2. What should be our reply to a such summon?
-
Wazzeer Professional Network
ProfessionalThe issue of Jurisdiction: In principle, it is possible that you may come under the jurisdiction of the United States District Court. This is because of the ‘Minimum Contact’ standard followed by the U.S. Courts for deciding jurisdiction in cases similar to yours. In your case, the required minimum contact can be determined from the fact that you provide services in the U.S. Be that as it may, you can always address this issue in the reply to the Summons.
Reply to the Summons: In your reply, you have two options: you can either ‘file an answer’ or you can ‘file for dismissal’ of the case.
1. In case you file an answer: Deny the Plaintiff’s claims and state that your CMS application is an ‘original’ work. This should be submitted with factual proof. You can also include a counter-claim in your reply.
2. In case you file for dismissal: You can argue that the Court lacks Personal Jurisdiction: Claim that jurisdiction of the U.S. Courts in your case would be against fair play and justice.
In case you need a helping hand in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 2 years ago
View answer
We are an Indian firm and have developed a CMS application to manage websites. The application runs on UK servers. We are having clients from all over the world and their websites are hosted on the same UK server. We have received a civil suit summon for copyright infringement of CMS software by a United States District Court for the Central District of New York. Plaintiff's software firm is claiming that we are having a client from New York whose website(website for one of the New York's school) is managed using our CMS and so we are making business in New York and using the infringing material for commercial gain in New York. Hence, jurisdiction is a district of New York. I am an Indian citizen having firm registered in India operated from India only. We sell our software online which is hosted on UK servers. Our New York's client site is hosted on UK server. Our CMS software is running on the same server. 1. How can we come under the jurisdiction of United States District Court? 2. What should be our reply to a such summon?
-
Wazzeer Professional Network
ProfessionalThe issue of Jurisdiction: In principle, it is possible that you may come under the jurisdiction of the United States District Court. This is because of the ‘Minimum Contact’ standard followed by the U.S. Courts for deciding jurisdiction in cases similar to yours. In your case, the required minimum contact can be determined from the fact that you provide services in the U.S. Be that as it may, you can always address this issue in the reply to the Summons.
Reply to the Summons: In your reply, you have two options: you can either ‘file an answer’ or you can ‘file for dismissal’ of the case.
1. In case you file an answer: Deny the Plaintiff’s claims and state that your CMS application is an ‘original’ work. This should be submitted with factual proof. You can also include a counter-claim in your reply.
2. In case you file for dismissal: You can argue that the Court lacks Personal Jurisdiction: Claim that jurisdiction of the U.S. Courts in your case would be against fair play and justice.
In case you need a helping hand in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 2 years ago -
Wazzeer Professional Network
ProfessionalThe issue of Jurisdiction: In principle, it is possible that you may come under the jurisdiction of the United States District Court. This is because of the ‘Minimum Contact’ standard followed by the U.S. Courts for deciding jurisdiction in cases similar to yours. In your case, the required minimum contact can be determined from the fact that you provide services in the U.S. Be that as it may, you can always address this issue in the reply to the Summons.
Reply to the Summons: In your reply, you have two options: you can either ‘file an answer’ or you can ‘file for dismissal’ of the case.
1. In case you file an answer: Deny the Plaintiff’s claims and state that your CMS application is an ‘original’ work. This should be submitted with factual proof. You can also include a counter-claim in your reply.
2. In case you file for dismissal: You can argue that the Court lacks Personal Jurisdiction: Claim that jurisdiction of the U.S. Courts in your case would be against fair play and justice.
In case you need a helping hand in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 2 years ago
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