Defendant crashed its website, slowed it, and damaged the servers, and Defendant admitted to the same by way of default,” the ruling said.
OK, so if I set up a lawsuit against OCLC in my country where they don’t reside, and they fail to show up to contest the charges, I get to claim they admitted guilt by default?
Also, since the claim is they used bots that behaved like legitimate search engine bots, are they also suing Google?
I can see why they might not want AA putting undue stress on their servers, but that doesn’t seem to be what they’re suing over.
OK, so if I set up a lawsuit against OCLC in my country where they don’t reside, and they fail to show up to contest the charges, I get to claim they admitted guilt by default?
Assuming your country’s laws are roughly based on British common law, yes.
Winning a case is easy. How you enforce the judgement is much harder.
This is why the speculation is that they will not comply. If the servers are not in reach of the US, the owners are not in a country that will extradite them, they don’t store money in US banks and the US doesn’t stupidly commit war crimes in order to capture them… then ignoring the court order is about as hard as you ignoring North Korean law.
OK, so if I set up a lawsuit against OCLC in my country where they don’t reside, and they fail to show up to contest the charges, I get to claim they admitted guilt by default?
Also, since the claim is they used bots that behaved like legitimate search engine bots, are they also suing Google?
I can see why they might not want AA putting undue stress on their servers, but that doesn’t seem to be what they’re suing over.
Assuming your country’s laws are roughly based on British common law, yes.
Winning a case is easy. How you enforce the judgement is much harder.
This is why the speculation is that they will not comply. If the servers are not in reach of the US, the owners are not in a country that will extradite them, they don’t store money in US banks and the US doesn’t stupidly commit war crimes in order to capture them… then ignoring the court order is about as hard as you ignoring North Korean law.