LWN: Comments on "Matthew Garrett files case with US Customs against Fusion Garage"

Matthew Garrett files case with US Customs against Fusion Garage

jeffnorman — Thu, 16 Sep 2010 20:08:16 +0000

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

Matthew Garrett files case with US Customs against Fusion Garage

dmarti — Wed, 15 Sep 2010 16:38:31 +0000

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

mjg59 — Mon, 13 Sep 2010 19:13:45 +0000

A customs complaint. I'm not clear on how straightforward it is to get the ITC to enforce an unregistered copyright, and it's a somewhat more complex procedure. I've no doubt that going via the ITC would be more effective in terms of blocking shipments, but the main motivation here is simply to indicate that the violation won't be ignored and to encourage the vendor to take the matter seriously.

Matthew Garrett files case with US Customs against Fusion Garage

rahvin — Mon, 13 Sep 2010 19:07:37 +0000

I'm curious, normally when they try to bar imports a complaint/lawsuit or whatever is filed with the ITC. This is normally in patent suits, but I thought it applied to copyrights as well. It's rather trivial to win with the ITC and a win with them Bars all imports AND the ITC can bar the sale of already imported product.

Was this an ITC complaint or was this a standard copyrighted item complaint with Customs? (I have no idea how effect an ITC ban is by comparison to a standard Customs complaint but I would think it's more effective given that it's now standard practice in patent suits to file with the ITC first).

Matthew Garrett files case with US Customs against Fusion Garage

Darkmere — Mon, 13 Sep 2010 18:09:57 +0000

I don't think you want to get into the blame game between those two, but yeah, it's the ex Crunchpad.

Matthew Garrett files case with US Customs against Fusion Garage

Baylink — Mon, 13 Sep 2010 17:22:30 +0000

Joojoo/Fusion.

Aren't those the people who walked off with Arrington's design and money?

Matthew Garrett files case with US Customs against Fusion Garage

BrucePerens — Sun, 12 Sep 2010 22:02:58 +0000

I left a message for Fusion Garage's PR person, just in case they and their lawyer decide to take this seriously and need compliance advice.

Matthew Garrett files case with US Customs against Fusion Garage

pabs — Sat, 11 Sep 2010 00:42:31 +0000

Looks like Fusion Garage noticed Matthew's blog post:

http://mjg59.livejournal.com/126865.html?thread=1744529#t...

Matthew Garrett files case with US Customs against Fusion Garage

bkuhn — Fri, 10 Sep 2010 22:02:25 +0000

Indeed. I'm glad to see there are more people doing GPL enforcement in different ways. It will take many of us all doing enforcement to change the violating behaviors that have become all too common. Thanks for doing this, Matthew!

Matthew Garrett files case with US Customs against Fusion Garage

mjg59 — Fri, 10 Sep 2010 20:35:36 +0000

I have, on several occasions.

Matthew Garrett files case with US Customs against Fusion Garage

BrucePerens — Fri, 10 Sep 2010 19:28:28 +0000

You should have a chat with Brad Kuhn.