4 ms·
I don't understand how this kind of judgement is possible, I understand that if you don't show up for a trial you can have a default judgement against you, but
by gweinberg 2y ago
I don't understand how this kind of judgement is possible, I understand that if you don't show up for a trial you can have a default judgement against you, but don't you have to be served? I know you can include John Does on the defendant list, but doesn't somebody have to be served?
- teeray 2y agoKinda feels like putting a serial killer on trial when you don’t know who it is
- Iulioh 2y agoMore like an estimation of something stolen. "We don't know who did it but when found they are liable for X€ of damage"
- darreninthenet 2y agoWho's going to complain about not being served?
- jfengel 2y agoI am not a lawyer, but I was intrigued by the question so I did My Own Research (tm). Apparently the answer is that you can sue a web site and serve the Internet service provider and whoever registered the domain name. I would imagine that if there's an anonymizer for the domain they are accepting responsibility for delivering such subpoenas. (I didn't see that started as fact.)
- crazygringo 2y agoBut while ISP's are being ordered to block the site, the $30 million judgment is directed at Libgen itself. Not an ISP or registrar. So I don't think that can be the full answer here.
- jfengel 2y agoI was just looking at the question of serving the lawsuit. Winning a default judgment kind of assumes that the defendant at least heard about it, which is hard when you don't know who it is. Googling turned up that this happens a lot in hit and run cases. I didn't go down that rabbit hole.
- crazygringo 2y agoI'm very curious too about the legal details. Is it because this is an injunction rather than the outcome of a trial? But I thought an injunction could only stop behavior, not order a fine. Or does it have something to do with it being a corporation rather than a person? Or with being a (presumably) foreign corporation?
- ronsor 2y agoThere are many alternative methods of service when you have an unknown defendant or a defendant that evades service, including service by publication.
- hi-v-rocknroll 2y agoExactly. It's one step removed from convicting god for yesterday's weather.