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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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C accused Y having relationship with her, but the case

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C accused Y having sex relationship with her, but the case did not hold. Y was not charged. C then put a fake story to misrepresent her relationship with Y in her website. Y is an author of many books. Many articles from many books of Y were posted on the web site of C. We have solid evidence revealed by C herself to prove that there are many lies in her story.
In this case, How do we link the fake story and copyright infringement? What is the point to sue?
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Why do you want to link them. Do you want to handle both problems in a single law suit.
Customer: replied 3 years ago.

Yes, maybe the publisher has the absolute right to sue her.

The easiest way to accomplish what you want is to file a single complaint with 2 counts . The first count might involve slander or libel, the second count copyright infringement. The complaint can allege facts the are common to both counts.

At rial the judge will hear testimony on each counts as if they were separate events. The value is that the evidence is there for both counts as well as the witnesses.

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Customer: replied 3 years ago.

I will follow your hint when done.

As we are in Taiwan , there is an agreement to deal with copyright infringement between USA and Taiwan.

Agreement for the Protection of Copyright between the Coordination Council for North American Affairs and the American Institute in Taiwan.

In Article 14(2), the seizure shall take place in accordance with the legislation of each territory.

In Article 14(1), Infringing copies of a work protected in accordance with this Agreement shall be liable to seizure in each territory where such work enjoys legal protection............

 

How do we perform the seizure when the our copyright is infringed?

 

Th seizure can take place when the copyrighted material enters the United States and I assume Taiwan as well. This was not intended to seize a publication that may have a few passages that are violations of a copyright. I have seen U.S. customs seize books and other intellectual property that have come to the U.S.

If you know of material that violates the copyright and is being exported to the U.S. you will need to inform U.S. customs.

The proper way is to go to court and get an injunction to stop the publication/distribution in the U.S. I am not familiar with Taiwanese law but there must be similar legal actions to stop publication and distribution in Taiwan.

As part of filing the lawsuit above you can ask the court for a temporary restraining order or injunction to stop publication and distribution. A permanent order can issue if you win your case.

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Customer: replied 3 years ago.

But, as you know the infringement work is the website closed for now by Yahoo because of reporting copyright infringement by us and can be resigned or transferred by 11/16 because it expires on that day. What urgent action can we do? Yahoo told us to get a subpoena for claiming the domain name?


What is your suggestion? It is urgent.

I am afraid I don't know what you are asking. Exactly what is being resigned or transferred on 11/16. A subpoena is used to get information, why do you need the domain name ?
Customer: replied 3 years ago.

Yahoo told us if we do not give them a subpoena or court order by 11/16, which is the expiration day of the web site domain. The web site holder can resign or transfer the domain. I think Yahoo thinks if they get a subpoena, it means we want to sue the web.

This is why you need to file a suit and get a temporary injunction. The temporary injunction/restraining order is a court order which will stop the continued use of the domain.

 

To this point I have not received compensation for my work. Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater). Rating my answer will not cost you more.

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Customer: replied 3 years ago.

How long will it take when we file a lawsuit to getting a temporary injunction. Is it the same as seizure as mentioned above, which one is quicker?


 

To this point I have not received compensation for my work. You have taken quite a bit of my time. If you will not rate my prior answers I cannot continue to spend time assisting you.
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Customer: replied 3 years ago.

Sorry for that. I want to give you bonus, too. But system rejects, I will check later.

Thank you for the payment. It is highly appreciated. A rating greater than 3 would be appreciated as well :) A temporary injunction can be granted the same day as filing.

 

Your attorney can walk through the order and get a judges signature. You may have to post bond. This will be set by the Judge. You will need to show that there is irreparable harm, and that you are likely to win your case.

 

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Customer: replied 3 years ago.

thanks for your answer. Is junction the similar to seizure as this is a web site?

No an injunction just prohibit the web site from being active. A seizure id the taking of tangible property such as documents, or equipment. To stop the web site you want a temporary injunction and then a permanent injunction. The permanent is obtained after your case goes to trial. The temporary is used until your case goes to trial.


Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater). Rating my answer will not cost you more.
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Customer: replied 3 years ago.

Can both criminal and civil lawsuit ask for a temporary injunction in this case? Because the copyright belongs to our society authorized by author Y, the publisher is another one. The publisher of course can ask for compensation in civil case, isn't it? What is the best way to deal with this situation?

This would only be a civil case. It is unlikely criminal charges would or could be filed. If more than one party is impacted you can list them as plaintiffs in the lawsuit. More than one person or entity can file suit in a single complaint.

 

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