Home Community News American Legal Battle: Motion to Dismiss on Jurisdictional Grounds Denied

American Legal Battle: Motion to Dismiss on Jurisdictional Grounds Denied

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We just wanted to give everyone an update on where we’re at with our lawsuit against Dish Network in the United States. A while back, we had filed a motion to dismiss on jurisdictional grounds. Since we have never so much as stepped near the state of Texas, we tried to make the argument that it would be inappropriate to expect us to defend ourselves so far away from home. We had never been to Texas, hadn’t operated in Texas, and the company suing us isn’t even located in Texas.

In case you aren’t already aware, we’re being sued in Texas by Dish Network in regards to an addon called ZemTV which was developed by an individual developer named Shani and promoted through our platform. They had sent us a DMCA notice a month or so before suing us, and we immediately complied with their request. Next thing we know we’re getting sued for something that was already gone. Why? As a foreign platform we didn’t think we needed to register with the US Copyright Office, a $6 service which would have shielded us from this lawsuit entirely. We’re now finally registered of course.

Unfortunately, Dish Network’s response to the court prevailed and our motion to dismiss was denied. They had argued that because we had accounts on Facebook, Twitter and other sites, this meant we were operating from within the United States. We never hosted our servers in the United States, our domains we not registered in the United States; but because we used some US based services, the court seems to have agreed that we fall under their jurisdiction.

This is American imperialism at its finest. Dish Network is currently worth $15.6 billion, they could afford to sue us anywhere. Defending oneself in a foreign jurisdiction is not an easy task, unless you’re worth billions of dollars like Dish Network. Everyone in the world uses Facebook and Twitter, does that mean that because people use these services they should no longer be protected by their own sovereign laws? The whole lawsuit is tilted against us from the get go.

We’re still planning on continuing the fight, we don’t really have a choice. If we don’t fight, they’ll get a 100 million dollar judgement against us even though we didn’t do anything wrong according to the law. If you are tired of seeing big companies act like they own the law, please consider making a donation to help us pay our lawyers. This lawsuit is about more than just us, it’s about the expansion of copyright law and a big bad corporation trying to bully us into submission.
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