Matthew Garrett files case with US Customs against Fusion Garage

Posted Sep 15, 2010 16:38 UTC (Wed) by dmarti (subscriber, #11625)
In reply to: Matthew Garrett files case with US Customs against Fusion Garage by mjg59
Parent article: Matthew Garrett files case with US Customs against Fusion Garage

There are at least three levels, in order of increasing complexity: e-allegation, e-recordation, and a Section 337 complaint. All are faster and cheaper than actual infringement cases. The e-recordation process _requires_ a copyright registration and a filing fee, and the ITC has discretion on which 337 complaints it will take action on.

Matthew Garrett files case with US Customs against Fusion Garage

Posted Sep 16, 2010 20:08 UTC (Thu) by jeffnorman (guest, #57684) [Link]

Unfortunately, Customs will only enforce either an ITC order or "Piratical" copies (see http://www.cbp.gov/linkhandler/cgov/trade/legal/informed_...). In order to be "piratical" the copying must be pretty obvious. Unless JooJoo or FG have included source code (and I assume not, since that is the basis of the complaint), it would seem hard to convince Customs that these are "piratical" because you would not have access to source code that you would need to show clear copying.

Therefore I think the ITC action is the way to go. You can get a quick exclusion order potentially, and I would expect you might be able to get a law firm to take this on pro bono as it will generate a lot of publicity.

Regards,

Jeff