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'Pirate' Sun wants developer's house
HUGE SOFTWARE OUTFIT Sun Microsystems is demanding that a Chinese software developer hand over the keys to his house to pay for its legal costs in a case where he accused them of piracy.
The story started in October 2007 when the developer, Dr Dongxiao Lue, sued Sun for allegedly nicking his PowerRPC software.
He decided to join as a party in the case of Netbula v Sun Microsystems to protect three copyrights he owned personally but were not actually part of the Netbula-Sun case. The case was presided over by the Judge Martin Jenkins.
Sun asked Judge Jenkins for a summary judgment in October 23, 2007. Jenkins refused to let Yue speak to the court so the Chinese developer filed a one-man anti-piracy case against Sun alleging ten counts of willful copyright infringement.
The case was assigned to District Judge the Susan Illston but Judge Jenkins issued a "cease and desist" order that prohibited Yue from filing pleadings or speaking in court.
Judge Jenkins and the parties also made it clear that "the only copyright at issue" in Netbula-Sun was the one alleged in Netbula's complaint and Illston should not give Yue his day in court.
Sun then demanded that Yue's case be tied to the Netbula-Sun which it had already managed to convince Judge Jenkins to forbid Yue to speak before.
On January 18, 2008, Judge Jenkins granted Sun's motion for summary judgment in the Netbula-Sun case. Since Yue was named as a defendant he had to stump up the legal bill of $219,949.90 of attorneys' fees and costs under Section 505 of the US Copyright Act.
Yue is appealing but meanwhile Sun issued a Writ of Execution directing the county sheriff to take possession of all of Yue's assets, which are his house and copyrights.
While asking the robed-but-not-wigged ones for mercy while he carries out his appeal, the US Ninth Circuit Court of Appeal said it is more important that he pay Sun's lawyers than carry out any appeal against the earlier judgement.
So in some cunning legal manoeuvres, Sun has never had to face Yue's charges that it nicked his software and will win the rights to the software it allegedly nicked anyway.
Well that's American Justice for you. µ
L'Inq
American Justice
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I CANT believe this article!! Whats the problem with this justice system? Principals are NO LONGER in consideration....THATS SCARY..We are just a few steps behind COMMUNISM!!!
I bet his house isnt worth $200k {ROFL)☺☺☺☺☺☻☺
The US Constitution has been systematically subverted by those in power for decades.
Amendment 6
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury"
"confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defence."
Amendment 7
"In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved"
Nowhere does it provide authority for the way kangaroo courts we have today.
To Andy: notice that Dr. Yue founded and owns Netbula, so this is not about "jumping on someone elses wagon".
Sun's lawyers defended OJ Simpson back in 1995. They got him acquitted and the relatives of Nicole Simpson had to pay to have the blood washed out of his jacket.
Well, it is just another showcase of twist-minded legal system. Instead of laying the principles of Roman lawsystem (as of good old Europe), they "invented" a new legal system. A legal system which exists only to reproduce itself, mostly on the back of "clients" it has. Sounds familiar as an virus? It probably is.
This system is destroying USA from inside. The world is mostly laughing at this, and if it's not, it is because of the politics of "the stronger arm".
And the real economics is leaving the land of someone every day suing some other poor soul.
At the end, there will be only "lawyers" (the quotes are for a purpose). Suing each other, just for the sports.
Thank you for my 2 cents. :)
"He decided to join as a party in the case of Netbula v Sun Microsystems to protect three copyrights he owned personally but were not actually part of the Netbula-Sun case.
Lets jump on the band-wagon and sue for apparently no reason. It's actions like that that hurt corporations. He absolutely should be responsible to pay legal costs. If he had a valid claim, he should have made his point, not jump on someone elses wagon yelling hurra.
Some peoples kids.
U-S-A! U-S-A! U-S-A!
I'm probably not alone in thinking that lawyers are the biggest scourge on society since the Black Death.
The most corrupt have the most power, and lawyers make that impossible to change.
Almost makes communism look attractive.
That is awesome. I will definitely be using these lawyers if I get into shit in the future.
"He decided to join as a party in the case of Netbula v Sun Microsystems to protect three copyrights he owned personally but were not actually part of the Netbula-Sun case. The case was presided over by the Judge Martin Jenkins."
Seems like either he had bad legal advice or he acted with no legal advice at all... not smart.
Now that's fecked up.
But we all know that corporations own the country.