DMCA takedown counter notice - outside U.S.

[david smith]

I am outside the USA. I have a family in Florida. The claimant is in Chicago. It is a false claim designed to harass. If my counter notice states my resident address is outside the USA does that mean the claimant can file anywhere in the USA (the hosting company is in California which would be inconvenient to me).

The following is the wording I would have to use if I use the address outside the U.S.

and I consent to any judicial district in which the service provider may be found. I will accept service of process from the person who provided the notification under subsection (c)(1) (C) or an agent of such person.

Would this wording allow the complaining party file in his city of Chicago or in the hosting company's jurisdiction of CA.

I prefer Florida courts.

 

[army judge]

I am outside the USA. I have a family in Florida. The claimant is in Chicago. It is a false claim designed to harass. If my counter notice states my resident address is outside the USA does that mean the claimant can file anywhere in the USA (the hosting company is in California which would be inconvenient to me).

The following is the wording I would have to use if I use the address outside the U.S.

and I consent to any judicial district in which the service provider may be found. I will accept service of process from the person who provided the notification under subsection (c)(1) (C) or an agent of such person.

Would this wording allow the complaining party file in his city of Chicago or in the hosting company's jurisdiction of CA.

I prefer Florida courts.

If you are sued in any federal or state court, you as the defendant can motion the court for the trial to be held before in the federal district closest to your location.

ALL defendants are free to seek the remedy of removal jurisdiction.
A defendant can move the court to have a lawsuit filed before a state court to the matter moved before the federal judicial district in which the state court sits.
This is an exception to the usual rule allowing a plaintiff the right to decide on the proper forum.
Removal occurs when a defendant files a "notice of removal" in the state court where the lawsuit is presently filed and the federal court to which the defendant would like to remove the case.

Removal is governed by federal statute,
28 U.S. Code § 1441 - Removal of civil actions.

28 U.S. Code § 1441 - Removal of civil actions | US Law | LII / Legal Information Institute