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If Google establishes that the venue they're suing in has jurisdiction (which seems pretty clearly established, since it's where a substantial amount of the dam
by dodobirdlord 5y ago
If Google establishes that the venue they're suing in has jurisdiction (which seems pretty clearly established, since it's where a substantial amount of the damage has happened), then the judge is going to let the case proceed. If at that point the defendants don't bother to show up and don't respond to subpoenas Google will eventually win a default judgement. If the defendants don't comply with the default judgement (why would they?) the judge might hold them in contempt, and then they won't be able to travel internationally to anywhere willing to extradite them or keep assets anywhere that will seize them on behalf of the US government, which is most of the world.
- kingcharles 5y agoI've just downloaded the whole case file from PACER, I'll upload it somewhere in a minute. They served the defendants by FedEx a few days after filing the case. Then somehow Google immediately managed to get a Temporary Restraining Order (TRO) in record time to enjoin the defendants from their tomfoolery. Not sure at this stage how the TRO will be enforced.
- jcranmer 5y agoRECAP? I noticed on courtlistener that most of the things haven't been passed through RECAP yet: https://www.courtlistener.com/docket/61599631/google-llc-v-dmitry-starovikov/ https://www.courtlistener.com/docket/61599631/google-llc-v-d...
- kingcharles 5y agoI haven't got around to using RECAP yet, though I should have for this. I've bought all the PDFs and uploaded them here: https://kingcharles.one/google-v-dmitry-starovikov-1-2021cv10260 https://kingcharles.one/google-v-dmitry-starovikov-1-2021cv1... If you can figure out how to push them into RECAP please do so.
- kingcharles 5y agoI paid for some more and uploaded them to PACER. I've burned up my $30 free account though. I'll try and get another one.
- jcranmer 5y agoFrom the complaint, it looks like there are some Delaware corporations that are connected to the botnet that might have some assets that could be raided. So while the defendants probably don't have a lot of exposed skin, they do have some skin in the US that they are at risk of losing.
- jfim 5y agoCan one really be extradited for contempt of court related to a civil lawsuit?
- kingcharles 5y agoContempt is a criminal offense, so in theory, yes, you could be extradited. This is how courts in the USA turn civil matters into criminal matters all the time. For instance, non-payment of child support: you can't legally be imprisoned for your debts, but if you fail to pay after the judge orders you to pay then you are in contempt and you are going to jail.
- ipaddr 5y agoA judge can hold you upto 180 days.
- kingcharles 5y agoFor contempt? I don't know which jurisdiction you're referring to, but certainly in Illinois state courts it's an unlimited offense. I don't think there are any statutory restraints on it. I've seen people be sentenced to 20 years for refusing to testify as the sole witness to a murder.
- ipaddr 5y agoThe comment was specifically talking about not paying child support. 180 days is the limit in Colorado.
- masterof0 5y agoThey can just get a passport with a different name, and none of this would apply.