The people who are the owners of TVAddons and the ZemTV Kodi addon have asked a Texas District Court to dismiss the piracy case which has been filed by the Dish Networks against them. Both of the defendants are foreign nationals who say that they have no connection with Texas.
American Satellite and Broadcast provider Dish Network has planned to target the two popular third party Kodi addons which are TVAddons and ZemTV.
TVAddons Library and ZemTV Kodi addon were accused of the copyright infringement and the complaint has been filed in the Federal Court in Texas. As a result, Both TVAddons Library and ZemTV Kodi addon are facing the damages up to $150,000 due to their offense.
When the Case was filed in the Texas court, both of the defendants are not living in Texas. Adam Lackman is the owner of TV Addons and he is residing in Montreal, Canada. Shahjahan Durrani is a developer for ZemTV and even he is further away in London, UK.
Both the owners having an only limited connection to Texas is the reason for the case to be dismissed, the attorneys Erin Russel and Jason Sweet are the legal teams for the two defendants. They are asking the Court to drop the case late last week.
The Texas District Court does not have any jurisdiction over the two defendants.
Actually, Lackman and Durrani have not been the residents or citizens of Texas. They don’t have any owned property in Texas. They also don’t have the voting rights in Texas. They never visited Texas personally in before. They do not involve in any business activity to anyone in Texas and they never earn any income in Texas.
Basically, the Lackman and Durrani are the citizens of Canada and Great Britain and they don’t have any contacts in the State of Texas. So the Court doesn’t have the jurisdiction over the two defendants.
TV Addons clearly saw that Dish lawsuit is an attempt to destroy the Kodi addon community.
According to Dish, this is the case here since both the defendants made their services available only to their local residents, among the other things. However, the defence team argues that this is not enough to establish the jurisdiction in this case.
Generally, the defendants can be sued in a district they have never been, as long as they directed actions at the state or its citizens.
But the Plaintiff concludes that the Lackman and Durrani have started their market made available and they can distribute the services of ZemTV service and the ZemTV add-on to the consumers who are living in the State of Texas and the Southern District of Texas is misleading at best present in the attorneys write.
This case clearly says that, if you are not doing any wrong things in another country, you don’t have any rights to appoint a lawyer for the arguments. The Federal Court in Texas immediately decides whether the case will have been proceeded or not.
If the case can be further appeal then this would be against the US constitution, violating the defendant’s due process rights.