My name is "Defendant Radzikowski"

Cadfan said:

Put them under oath, one by one, alone. Scare each one into thinking that he's absolutely screwed if he doesn't pin the blame on someone else.

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Thats more of getting "someone" instead of "the right one".
But b2topic.
I'm curiously awaiting a response from radzikowski as soon as he gets some official stuff just to know how the case is progressing so far. Personally, i just don't think it will become that big of a deal but you never know.

Cadfan said:

Put them under oath, one by one, alone. Scare each one into thinking that he's absolutely screwed if he doesn't pin the blame on someone else.

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That's where I'd start.

You can also subpoena documents, records and whatnot from third parties. Somebody's ISP may have useful info.

Shadowsong666 said:

Thats more of getting "someone" instead of "the right one".
But b2topic.
I'm curiously awaiting a response from radzikowski as soon as he gets some official stuff just to know how the case is progressing so far. Personally, i just don't think it will become that big of a deal but you never know.

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American court documents are generally public records, and U.S. federal documents are available on-line through a kinda-public system called PACER (that's where the .pdf's of WotC's three Complaints came from). I'll imagine we'll hear more about the case in 30-60 days depending on when the defendants are served.

As noted above, it would be the height of foolishness for Radzikowski to continue posting here.

S'mon said:

It does not depend on US law. Poland is not a territory of the USA.
...
Second point: For a Polish court to enforce a US civil judgement, AFAIK the same damages would have to have been available in a Polish civil court. Since US copyright law is now vastly more punitive than that of other developed-world jurisdictions, this seems very unlikely. But the OP should consult a Polish legal expert on his position in Polish law.

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I didn't say that it depended on the substantive US law of copyright on a self-standing basis under the law of tort/delict. But aspects of US law will presumably be involved - e.g. perhaps procedural law on service abroad. If contractual terms are involved, there might be a choice of law clause. And of course presumably US private international law in relation to the application by the forum of (presumably Polish) law in relation to substantive copyright questions, although that would at first glance appear to be likely to be trite/trivial in itself. Is it not also true that in limited circumstances and in particular in the absence of evidence of the substantive foreign law, courts in some jurisdictions will simply proceed as if the foreign law were the same as their own?

Your "Second point" is interesting. Are you assuming that the US court would be prepared to apply the US measure of damages rather than the Polish measure? That strikes me as surprising, although I don't know the answer to that. Assuming that the US court applies the Polish measure, ex hypothesi the "Second point" will be irrelevant. But I don't know whether the US court would apply the US measure of damages, the Polish measure of damages or a funny mixture of the two. As for the substantive correctness of the view that the same damages would have to be available under Polish domestic law in order for the US judgment to be enforceable there, that seems to me to be a question of Polish private international law as previous posters have indicated. To the extent that US law can be clearly shown to be penal, it sounds like an interesting argument. It would come as a surprise to me, though, if no damages whatsoever could be enforced in Poland - with the caveat that I have no knowledge of native (as opposed to EU) Polish private international law. This infringement seems to me to involve very substantial losses and purely on a compensatory basis it could be that very substantial sums could possibly be awarded if the case is established to the satisfaction of the court and if the losses are proven. Having said that, I am not in the least familiar with the actual evidence, so I cannot reach a fully informed view on this point in relation to the facts of this case.

Again, my contribution to this debate is highly speculative and should not be relied upon in any way shape or form (!) - I am not willing or qualified to assume responsibility for advising on this case.

In very, very, very general terms, a foreign litigant in an American federal court does not have an absolute right to have his case judged under foreign law. At a minimum, the foreign litigant must give some reasonable notice to the court that he intends to raise issues of foreign law. (Federal Rule of Civil Procedure 44.1). I am not at all familiar with any aspect of copyright law, but I know from experience that a foreign litigant in a run of the mill contract or tort case can lose the right to apply foreign law in an American court.

I am not, by any means, providing legal advice to anyone, anywhere.