Rednog said:
Marq said:
How the FUCK can an USA-registered company sue an UK citizen in an Australian court?
That doesn't make sense!
I seriously don't get things like this, I wonder if anyone with knowledge of legal systems can shed some light on how this is possible. I don't understand how Australia feels it has the right to enforce judgment/laws on citizens of other countries. And this isn't a singular case of something like this happening. I remember Encyclopedia Dramatica got sued in Australia too. Correct me if I'm wrong but if I'm living in another country and I have never been to Australia, then Australia should have absolutely no jurisdiction over me in any way shape or form.
I personally think they shouldn't even have the right to give you a summons to court if you have never been to Australia. Hell if it were me and they convicted me of a crime saying that I broke X laws, was sentenced to Y years in jail, and had to pay Z fine I would tell them to blow me and hope that my country would laugh in their face.
Short answer: they don't.
Long Answer: There are two kinds of jurisdiction, personal and subject matter. Personal Jurisdiction means you are in the court (basically). Subject matter means they have a legitimate reason to be involved in the case (again, basically).
Australian law claims subject matter jurisdiction for any website viewable in Australia, which is, in legal parlance: kooky as shit.
That gives them (theoretically) subject matter jurisdiction in the ED case. Except they don't have personal jurisdiction, so legal advice to the ED editors was "don't go to Australia." They can say whatever they want, but they can't enforce their judicial decisions.
I can't remember where the subject matter jurisdiction for this case came from, something about Evony having some legal holdings there, for precisely this reason.
Normally Australia couldn't claim personal jurisdiction, which means that Everiss could have simply given them the finger and called it a day. But, there may be some treaty regarding civil litigation in place between Australia and the UK that I'm unaware of.