Webwork - 7:46 pm on Aug 30, 2007 (gmt 0)

In order to sustain a judgment there must have been sufficient contact with the forum State/nation for the court to exercise jurisdiction. Despite its status as a foreign corporation if that corporation chooses to enjoy the benefits of another nation it may not thereafter pick and choose "only benefits" without also facing other" consequences. In this case I might imagine that a great deal of money flowed from the U.S. to the foreign company, through the U.S. banking and credit card systems. I wouldn't be surprised if there were other business contacts. There may be other basis of jurisdiction, including the (alleged) fact that the "patented technology" was U.S. property. In theory, to "use the technology" the company would have to take property or damage U.S. property (rights).

U.S. patent -> U.S. property -> U.S. patent law granting jurisdiction to enforce U.S. patents in U.S courts -> likely some form of additional contact between the foreign corporation and the forum jurisdiction, though "the taking of U.S. property" may be enough to exercise jurisdiction in this case -> Civil money judgment, by default; no in court challenge to anything, including jurisdiction -> domains, like patents, are also a form of property + the "property exists" within the U.S. -> levy on "the property".

So far as the domains go, the central registry for .Com and .Net is situated in the U.S. Therefore the defendant's property is within the border.

It's not at all that unfair, irrational, wrong, misguided, etc. if the few assumptions that I've made (above) hold true. I rather suspect that they do hold true.

The defendants likely chose to allow the default thinking either that they might be subject to personal attachment (body warrant, capias ad satisfaciendum) if they appeared in court OR that they might be subject to even greater personal financial liability (internationally enforcable money judgment?) if they appeared or entered an appearance through legal counsel.

So far as I can tell, based upon only the most cursory review and consideration, the act of levying / attaching the domains may be the only measure of relief the plaintiffs will ever secure.

Antigua may have been chosen as the home base for reasons that might include a policy to the effect "Don't worry, be happy, U.S. enforcement mechanisms are not welcome here."

[edited by: Webwork at 7:57 pm (utc) on Aug. 30, 2007]