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Us Company Gets Legal Hit

By: Harris Keane Home | Legal


This is the internet age and companies are involved greatly in cross border transactions and through internet are involved in purchasing, selling, marketing and at times even defaming and violating various rights of other companies. These interactions call for a smooth legal system that should aim at Governments resolving the issues of jurisdictions and synchronizing various internet laws across the globe. In the absence of such a system companies competing in the global markets can create an unfair advantage over others. A case in point is a defamation lawsuit brought by Axact Pvt limited against Student Network Resources Inc.(SNR), a company involved in selling term paper to students, for defaming it and creating a hidden internet watchdog organization which was found to be owned by SNR after a series of subpoenas that Axact acquired against that website. This case was toughly competed by SNR as it was filed in their home town. Axact very soon lost its attorney after receiving a Rule 11 letter from SNRs attorney and a strong counterclaim for copyright violations by Axact. This was again a strong move as SNRs capitalized on a mistake committed by Axacts attorney while getting subpoena during its pretrial discovery process. Axacts attorney in his home country requested the court for pro se filing as it was difficult and costly to retain the right attorney at a foreign jurisdiction. The court denied the pro se application as it does not allow a corporate to file pro se. Axact filed a lawsuit against SNR in its home country. The SNRs lawsuit resulted in default judgment and the injunction against Axact restricting it from any future copyright violations. The lawsuit in Axacts country has also entered a default judgment which will result in a similar judgment against SNR in addition to a ban on its websites as SNR has accepted in his case to own the watchdog website and the term paper selling websites. This will also be due to the fact the defamation laws in Axacts home country are much stricter and even calls for criminal actions against those involved. The large search engines like Google, Overture etc. accept global laws and will attempt to implement any judgment that is passed by any court of law. The damage to SNR would be greater as the case against SNR was filed in a different jurisdiction than SNRs own case. Both lawsuits will result in default judgments which nobody will be able to implement.

Cases like the one described above and many other cases clearly calls for a global judicial system that should be aimed at creating common laws and legal treaties that could be applied and companies and individuals get the justice they deserve.



Article Source: http://www.eArticlesOnline.com

About the Author:
Harris Keane is a litigation support professional and former independent study teacher specializing in international legal and business topics. he has a great interest in mentoring current Law students to face the challenges of new digital era of business.

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