Archives for August 2011

Suing For All The Tea In China: Court Exercises Jurisdiction Over Chinese Government And Companies In $2.2 Billion Copyright Infringement Case

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Creative Commons License photo credit: irrezolut

The Central District of California is allowing a software copyright infringement suit to proceed against the People’s Republic of China and several Chinese corporations, in which the pleaded copyright damages exceed $2.2 billion.  The Amended Complaint in CYBERsitter, LLC v. Peoples Republic of China, the plaintiff software developer alleges that large and important chunks of its Internet content filtering software were copies wholesale by two Chinese software developers working in conjunction with the Chinese government, and that China then essentially mandated that every new computer sold or distributed within China have a copy of the infringing “Green Dam” filtering software installed.  [Read more…]

Perfect 10 v. Google: Ninth Circuit Holds No More Presumption Of Irreparable Harm In Copyright Infringement Cases

Google Bike
Creative Commons License photo credit: Max Braun

I guess the subtitle for this post could be “Ninth Circuit Holds: Suing Google Is Not A Business Model.”  In the seemingly endless litigation between purveyors of on-line nudie pictures, Perfect 10 [Warning: Link Not Workplace Friendly or Politically Correct or Tasteful], and Google, the Ninth Circuit has joined the rest of the copyright world in acknowledging that the presumption of irreparable harm, employed for many years by the federal courts, did not survive the Supreme Court’s eBay Inc. v. MercExchange, LLC decision.  In doing so, the Ninth discussed and approved of the Second Circuit’s decision in Salinger v. Colting, which came to the same conclusion. [Read more…]

DMCA Does Not Like This Flava: Injunction Granted Due To Insufficient Repeat Infringer Policy

Lovely City Snap, but for...
Creative Commons License photo credit: cobalt123

A district court in the Northern District of Illinois granted a preliminary injunction on July 27, against an online video service, finding both (1) knowledge of infringement sufficient to support contributory liability and (2) unavailability of the DMCA safe harbor defense based upon the defendant’s failure to enact and enforce a reasonable repeat infringer policy. [Read more…]