Can everyone who's had files stolen by them have legal action taken?
Yes you can.
However, this is not easy. I have been personally involved in internet litigation when a couple of pages from one of my websites were blatantly ripped off. It took me over a week of constant searching before I found a solicitor who knew anything about internet law as it relates to copyright, never mind one that would actually take the case on.
Because you're often persuing a matter internationally, it can get hideously expensive. I was fortunate. The offender was in the U.K. and a phone call to his I.S.P. (who are also legally liable in cases like this) resulted in his site disappearing.
Unfortunately, the practical difficulties of persuing legal recourse against a site in a foreign country deter most people. I have to say that a phone call to an i.s.p. as was recommended to me, is often far cheaper and more effective, as long as you can prove that the files were originally yours and subject to copyright.
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