$2.3 Billion Lawsuit Against China For Copyright Infringement In Green Dam Filter Software Moves Forward

from the jurisdiction? dept

Tue, Feb 22nd 2011 3:29am — Mike Masnick

Last year, we wrote about how the company behind CyberSitter was suing China and a bunch of computer companies, for China's "Green Dam Youth Escort" filtering/monitoring software. You may recall that a few years back China had mandated that all computers must contain this software, which resulted in public protests, and the government backing down. However, the software was still installed on tens of millions of computers. It was only then that it was noticed the software appeared to contain code directly copied from CyberSitter, leading to the lawsuit. At the time of the lawsuit, we noted that there would likely be jurisdictional questions, and lumping in the various PC makers seemed like a longshot.

While I still think both things are true, it appears that the court in Los Angeles is saying the trial can move ahead, and that China is in default for not responding to the lawsuit. The country's only response to date was to complain to the US State Department, but that has no bearing on the court case. I still can't see how a California court can have any jurisdiction on what's happening in China -- and even the court seems to suggest the case really belongs in China. Even if CyberSitter wins the case in the US, it seems unlikely that it would ever be able to collect.

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Filed Under: china, copyright, green dam
Companies: cybersitter

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John Duncan Yoyo, 22 Feb 2011 @ 3:42am

Ports in California to retailiate for ports of software
Significant amounts of Chinese goods pass through the ports of California. Just make it illegal to unloud, or transport through California any chinese goods until they settle.

Apple will not be amused.
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- Thanatos, 22 Feb 2011 @ 5:00am
  
  Re: Ports in California to retailiate for ports of software
  That wouldn't work because Wal-Mart, K-Mart, Target and a host of other "American" stores would go out of business and you'd never see another piece of electronics in the US......lol Get real! Tick China off with something like that and you'd better be prepared to go without a LOT of stuff.....Not to mention a lot of cheap stuff - Anyone care for a $3000 iPad? California would have a meltdown
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  - Sean T Henry (profile), 22 Feb 2011 @ 8:06am
    
    Re: Re: Ports in California to retailiate for ports of software
    It's not China that is sending the goods to the US its US companies buying goods in China and having them shipped over. I agree that this issue should be dealt with in China, the good thing about this is that it will push China to not accept trade agreements that have more IP protections.
    
    On a side note does "Green Dam Youth Escort" sound like a training camp for prostitutes? I guess it would have been to obvious to call it "Green Dame Youth Escort".
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- crade (profile), 22 Feb 2011 @ 10:36am
  
  Re: Ports in California to retailiate for ports of software
  Cuz the US hasn't thought of trying to sanction china before. China has leverage over the US. get used to it.
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- Anonymous Coward, 23 Feb 2011 @ 2:08am
  
  Re: Ports in California to retailiate for ports of software
  You miss the important part:
  
  It's NOT the Chinese goverment or any of it's department developed the software. The government merely bought the thing from a private software house.
  
  Also, nothing is shown that Chinese government is barring the lawsuit be filed in China.
  
  It's not a good idea to ban goods from one country, just because one of the companies in your country failed to file the lawsuit in the correct country, and when the target for lawsuit is a private company. That'd sound to be an overkill.
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Mikkel Paulson (profile), 22 Feb 2011 @ 3:51am

That's well beyond the abilities of the court. It would require a change in state (or federal?) laws.

Governments walk on eggshells where China is concerned, which is why it gets away with human rights abuses that would be condemned anywhere else (except possibly Israel). China has the market power to singlehandedly devastate entire economies, and broad enough trade relations that it wouldn't be similarly affected.
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- BuzzCoastin (profile), 22 Feb 2011 @ 4:15am
  
  Re: Human Rights
  Well, just to balance the record on human rights a little, let's not forget the Gitmo torture center and that the Land of the Free imprisons the highest number of its people ((per capita & total numbers) mostly people of color or that the US illegally invaded Iraq & Afghanistan.
  
  Juz sayin
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  - Thanatos, 22 Feb 2011 @ 5:07am
    
    Re: Re: Human Rights
    Very true. The U.S. has only 5% of the Earth's population, but has 25% of the world's prisoners. A pretty sad statistic from a "free" country. Even more sad that the VAST majority of people in jails don't belong in jail to begin with.
    
    The U.S. notoriously supports SEVERAL countries known for their human rights violations because they kiss the U.S.'s behind, while condemning other countries that do the same thing who don't play ball with the country. It's FAR from a country that should be speaking against human rights violations with it's past and present.
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    - Anonymous Coward, 22 Feb 2011 @ 4:35pm
      
      Re: Re: Re: Human Rights
      They support them because US companies want them too. If relations with China go south the cheap import profit train grinds to a halt.
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  - Rekrul, 22 Feb 2011 @ 7:34am
    
    Re: Re: Human Rights
    Well, just to balance the record on human rights a little, let's not forget the Gitmo torture center and that the Land of the Free imprisons the highest number of its people ((per capita & total numbers) mostly people of color or that the US illegally invaded Iraq & Afghanistan.
    
    How many female prisoners have been beaten to death at Gitmo? Do American prisons regularly torture their inmates? America is far from perfect, but China sanctions the wholesale imprisonment, torture and death of thousands of people, on a daily basis, simply for practicing a religion that the government disapproves of.
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- Anonymous Coward, 22 Feb 2011 @ 4:58am
  
  Re: Make me throw up
  Human rights abuses? You are sadly deluded or pressing a pathetic agenda to throw Israel and the US under that bus. There are a multitude of barbaric, insane and criminal islamic regimes that live to kill blasphemers and political prisoners. To stone women to death and mutilate innocents is their Raison d'�tre.
  
  Try Iran on for size. In fact why don't you move there and have a little Shari'a freedom.
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- The eejit (profile), 22 Feb 2011 @ 6:31am
  
  Re:
  Ever heard of Libya? OR Israel?
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The Infamous Joe (profile), 22 Feb 2011 @ 5:36am

Beer money
China will just take it off our tab.
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- Anonymous Coward, 22 Feb 2011 @ 7:17am
  
  Re: Beer money
  Or just ignore it, like the US does when it can't be bothered.
  
  I mean, if they ignore it, what will the US do? It's not like you're going to challenge them or anything much beyond screaming about it.
  
  In the long run I think China will beat the US at their own game.
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Overcast (profile), 22 Feb 2011 @ 7:54am

Is "Green" synonymous for 'scam' now?

Thanks Al Gore... see what you've done?
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Anonymous Coward, 22 Feb 2011 @ 8:22am

The big thief! China!
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MAC, 22 Feb 2011 @ 2:02pm

China
You fools you do not know...

This whole debate is futile. As long as the rich rule the US through their lobbyist and political donations then the rich and multinational corporations will continue to:
A. Move OUR JOBS offshore
B. Employee child labor
C. Pay those poor souls in china and india slave wages

Have you ever wondered what has caused the decline of America? Our politicians no longer represent their constituency. They represent the rich and the big corporations and their interest are not the same as ours.
They could give a damn whether or not you eat, have a place to live or whatever. As long as there is a profit in it for them...
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Anonymous Coward, 22 Feb 2011 @ 7:43pm

It's not like China's gonna pay up anyways. They'll just refuse, and anything we do to take whatever of their assets that we have here will result in them doing the same to any assets that we have there.
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Anonymous Coward, 22 Feb 2011 @ 7:51pm

Another thing that's worth noting (that's kinda off topic) is that China has hugely ridiculous tariffs on whatever we sell over there, which I completely disagree with. While I have complained about the U.S. imposing tariffs on Chinese imports (the U.S. has been very good about that when compared to China though), I think that, to the extent that China imposes tariffs on our exports to China, we should impose tariffs on their exports to the U.S. and we should demand that they remove many of their tariffs in order for us to do the same. While I disagree with tariffs, retaliation is about the only acceptable justification.
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Calvin, 11 Apr 2014 @ 11:56pm

Bad sue case
You want to sue China here, that means, if China pays for it.. they will really install the program in all the computers..
Please don't make life any harder than it is..
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