Yes, maybe the publisher has the absolute right to sue her.
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?
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.
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.
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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?
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.
thanks for your answer. Is junction the similar to seizure as this is a web site?
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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