Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Intellectual Property > My internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge the US with taking property?

My internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge the US with taking property?

1 Answers. Asked on Apr 25th, 2017 on Intellectual Property - California
More details to this question:
My USDC case charges internet copyright pirates, similar to federal cases. Application to File Under Seal and Motion for discovery assistance (to prevent evidence destruction and hiding assets) were twice denied without cause. The judge denied Motion to Recuse, threatens to dismiss, and has now published the case, notifying defendants to destroy evidence and hide assets. The US has colluded with the pirates to prevent recovery. Should I make interlocutory appeal (the case is already unsealed), sue the US for collusion in taking private property, or something else
Answers Showing 1 out of 1
Answered on Apr 26th, 2017 at 9:20 AM

1. Do not sue the court; it will waste your time and resources. An interlocutory appeal is highly unlikely to succeed, even if your appeal has merit, and I do not see any merit.

2. It is a very rare case that is sealed. It has long been a bedrock principle here in the United States that judicial cases are public. There are exceptions for some criminal cases and national security issues, but those exceptions are rare, and just for the government.

3. To the extent that you want to have a case sealed against the defendant(s), basic constitutional due process forbids that, and there are no exceptions. 

4. The judge knows what she or he is doing. Antagonizing the judicial system and accusing it with collusion with pirates is counter-productive, at the very, very least.

5. I'm not sure what you mean when you say that your "USDC case charges internet copyright pirates, similar to federal cases." A USDC case IS a federal case. 

You need to have a qualified lawyer review your case to make sure it has merit. If it doesn't, do yourself a favor and dismiss it as soon as you can.

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

Report Abuse
Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
Have an Intellectual Property Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

336 Answers, 19 Legal Topics

Patrick Johnson

Attorney - Tennessee

245 Answers, 44 Legal Topics

Michael D. Siegel

Attorney - New York

158 Answers, 27 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

136 Answers, 22 Legal Topics

Lori Nevias

Attorney - New York

125 Answers, 34 Legal Topics

Ms. Maryellen Sullivan, Esq.

Attorney - Maine

97 Answers, 4 Legal Topics

R. Sam Price

Attorney - California

92 Answers, 14 Legal Topics

Intellectual Property Local Law Firms  
In United States change location
×
Please select state Update
Do It Yourself Legal Forms
Go

Popular Forums