Tuesday, February 22, 2011

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

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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Christina Applegate Shana Hiatt Tara Conner Drea de Matteo Trista Rehn

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