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Intellectual Property Law

: IPKat

A katty query on service of documents

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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Someone has asked the IPKat a question and he doesn't have the foggiest notion what the answer is. The background is a familiar one: a copyright owner finds that an unauthorised use is being made of his work by users of a social networking site; he decides to write a cease-and-desist letter and, if that is not effective, to commence copyright infringement proceedings. The question is:
"Can you serve legal documents over MySpace? [or indeed over any other social networking facility]".
The Kat's first thoughts are that the validity of such service will depend on the applicable rules for service in the jurisdiction in which the copyright owner seeks to bring the infringement proceedings, and that it is improbable that such rules will make explicit reference to this medium -- but he wonders what his readers think. Merpel says, it's all the more fun when the physical presence of the alleged infringers is none too apparent.

If you have any brilliant thoughts on this subject do please post them below, and/or email the IPKat here and let him know.

Full post as published by IPKat on November 10, 2008 (boomark / email).

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