What if the court subpoena says you have infringed?Steps after webmasters and new media people receive a court summons

What should webmasters and self-media people do when they receive copyright lawsuits?

The following content is shared by netizens: Steps of the copyright lawsuit response process

Suddenly received a court summons somewhere?Don't be nervous or afraid, this is just a small civil lawsuit, it won't go to jail and no one will die!

• court subpoena forunlimitedbigSpaceEven more trivial!

The other party just wants to intimidate and force you to agree to a private reconciliation method!

What to do?Keep reading!

webmaster andnew mediaSteps to take after a person receives a court summons

Step 1:

After receiving the court summons, please fill in the required written materials and documents on time according to the requirements of the court, the signature, the seal and the seal, and then within the specified time (generally the court requires that within fifteen days of receipt of the written notice) days) to the court.

Step 2:

Respond actively and resolutely disagree with any private reconciliation request of the other party!The measures to actively respond to the lawsuit are mainly to immediately delete or take down the relevant pictures and texts involved in the case. First of all, there must be an action to stop the infringement. At the same time, collect and sort out the sources of the pictures and texts involved, and make relevant explanations in court. Prepare (for example, my platform is not commercialized or I have not gained any commercial benefits from the pictures and texts involved).

Step 3:

Based on the evidence provided by the other party, make relevant verification or explanation.For example, has the other party provided a copyright certificate?Is it possible to search for the same images without watermarks and copyright notices on other websites?These are all questions that can be made well in the defense. Please think more and dig out the loopholes in the other party's evidence!At the same time, combined with their actual situation, unintentional violations and other reasons, to strive for the judge's "sympathy points".It is also possible to question the other party's high compensation amount, unreasonable asking price and other reasons in the defense letter, weakening the image of the other party as a well-founded "victim".

Step 4:

Sit back and wait for the trial, insist on non-reconciliation!No matter if the other party contacts you privately and proposes: reconcile now, as long as you give some compensation and withdraw the lawsuit immediately, or other coercion and inducement, don't agree to it!Adhere to legal means to resolve disputes!Since the other party has filed a lawsuit and the court has accepted it, then withdrawing the lawsuit at this time has no meaning for you. The defendant will still have such a lawsuit record that can be queried!

Only by sticking to the end and winning the lawsuit is the best way out!What's more, the worst result is that the lawsuit is not won, but the amount of compensation is not as much as the other party said, and you can continue to strive to minimize the economic loss!Don't confess at the last minute, give the money to the other party in vain!

What if the court subpoena says you have infringed?

Here's a summary of the so-called tips and tricks.

XNUMX. Litigation

Go through any program as much as possible.If mediation is not reached before the lawsuit, or if mediation is not reached during the trial, there is no need to rush. Go through every procedure as much as possible, and it may be a mystery.

1. First of all, you can raise an objection to whether the court has the qualification to hear the case. The technical term is called jurisdiction objection. If it is ruled to be rejected, then you can also appeal to the higher court. According to the efficiency of the Shenzhen court, this procedure takes about 6 month or so;
2. Then you can file a counterclaim and ask for a trial in accordance with ordinary procedures. When the first instance is judged, it is estimated that another 6 months has passed;
3. After the judgment is obtained, you can appeal to the higher court, and then the trial will be held, and then the judgment will be issued. After the second-instance judgment is made, it is estimated that another 6 months have passed.
4. After that, if you really feel that the judgments of the first and second instance are indeed wrong, then you can still appeal. Of course, there is no time limit for this appeal. If you have enough time, you can appeal until you are satisfied.

If you do not appeal, then it is the execution stage. Obviously, the execution must have property to execute.

If there is no property available for execution (such as personal public account, non-enterprise nature), even if the other company has applied for compulsory execution, the court can only issue a notice to the other company to suspend the execution and wait until there are property clues before execution. .

Such a result is afraid that the other company will cry without tears.Of course, if in the first instance, or in the second instance or execution, you applied for bankruptcy or were revoked, the lawsuit would be meaningless at all.According to the experience of the judgment so far, the amount of compensation is generally a few thousand dollars. Even if we have to pay the compensation on time within the time limit of the court for the credibility of the unit, we can delay the payment until the last two days!In this way, we have neither "resistance and disobedience", but also a powerful blow to the other company!

Just imagine, if the victims who received the court summons insisted on doing this, and the other company had to spend so much time and labor costs in order to get these thousands of dollars, then their way of making money by defending their rights would definitely be Slowly I can't stand it anymore.

So please remember:Reconciliation = helping Zhou to abuse!If everyone just wants to spend money to eliminate disasters, there will only be more and more companies like this in the future!

Just a few bucks for postage and telephone costs can make you obediently hand over the money to them, and it can be thousands or even tens of thousands of dollars, so why not do it?This business is so worth it!A fool doesn't know how to open a few more stores all over the country and continue to grow and develop!

XNUMX. Pay attention to the collection of evidence and the time limit

Procrastination is a solution, and even a tough battle in court is not without solution.

Due to the cost, the evidence provided by the other company in court sometimes cannot be used as the basis for the verdict. Similarly, the statute of limitations makes you do not have to bear legal responsibility at all. The other party is likely to withdraw the lawsuit for various reasons, and you will not Fight to win!

Referring to the cases collected in the group, many of them were withdrawn by the other party.We can't confirm whether there is a private settlement with money, but there have been several cases of group friends showing that even if you don't settle and don't give the other party a dime, they will eventually withdraw the lawsuit!

How to solve and deal with the problem of copyright collision?

The issue of copyright touching porcelain has already had a preliminary process:

• First, according to the advice of netizens, actively go to the court to respond to the lawsuit.
• Second, they will chat with you privately before the court session, asking for money to settle.
• Third, they withdrew the case before the trial, because the cost of a real lawsuit would be too high.

At the end of the development, some netizens were on the day of the court session, and there was a result - the other party withdrew the lawsuit, hahaha!

It is basically the same as the third inference, because the cost of the actual lawsuit is too high. Since preparing to respond to the lawsuit must be a protracted battle, but they will not send someone to accompany you to play all the time, basically that's it. , withdrawing the lawsuit and leaving, can be regarded as a result!

DMCA Safe Harbor Principles

• Because of the DMCA's safe haven clause, the platform itself has no legal responsibility;
• Even if the infringed person wants to sue, they can only sue the author, and the platform is only the middleman.

Conclusion

I call on the vast number of enterprises to strictly implement the national intellectual property strategy and safeguard the legitimate rights and interests of copyright owners. At the same time, I also oppose the abuse of the right of action and malicious extortion in the name of safeguarding and supporting property rights!

The above content is only an excerpt of some of the text content and personal opinions of netizens, for reference only!If any unit or individual loses the lawsuit or causes any other unpredictable consequences due to copying and implementing the above methods, I will not bear any legal responsibility and compensation obligation!

Welcome everyone to actively add the latest countermeasures!