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Story: California Alleges 2 Clothing Firms Used Pirated SoftwareTotal Replies: 9
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tracyanne

Jan 25, 2013
6:49 PM EDT
The Companies should become more competitive by moving to Linux and Free Open Source Software.
caitlyn

Jan 25, 2013
6:51 PM EDT
If the software they need for their industry exists in the FOSS world. That's usually the problem for business: they often depend on something highly specialized that only runs on Windows. But, yeah... cutting corners this way is stupid and if they could use FOSS they should have done. This assumes, of course, they even know what FOSS or Linux is.
djohnston

Jan 26, 2013
12:08 AM EDT
There's something being overlooked here. The suit is over an Indian company and a Chinese company violating a California law. I wasn't aware private companies in a foreign country are subject to California laws. Does it also work the other way around? What if a California company violates an Indian or Chinese law?

Yes, I realize the issue is supposedly over pirated proprietary software. But, that should be dealt with within India and China, and by the software vendors' vultures lawyers. The premise for this lawsuit is even more preposterous than many "intellectual property" suits.

I could go into a lengthy diatribe concerning the constraints on production by overtaxation and overregulation, but ... Citizen's arrest! Citizen's arrest! TOS! TOS!

BernardSwiss

Jan 26, 2013
2:36 AM EDT
When the legal framework behind this was being pushed a while ago, it was remarked by some that this really a covert trade protectionism ploy.
henke54

Jan 26, 2013
4:37 AM EDT
@djohnston and BernardSwiss : I found it also 'weird', because when this is being 'pushed', then 'all gates are closed' in the US, for import of products from all over the world, where there is some 'pirated' software used ? ... lol ...
nmset

Jan 26, 2013
4:40 AM EDT
But what is being violated ? What software ? What licences ? On what arguments ? In what jurisdiction ? The whole planet is under California control ? Baseless article, just noise, woke me up !
henke54

Jan 26, 2013
4:44 AM EDT
Quoting:"Companies across the globe should be on notice that they will be held accountable in California for stealing our intellectual property," Harris said.

"This is an anti-competitive practice which harms our state's economy and is illegal. These lawsuits go after overseas companies whose unlawful actions are eroding California's garment industry and placing California companies who legally pay for computer software at a disadvantage," she said in a statement.
http://www.indianexpress.com/news/california-ag-kamala-harri...
Quoting:The complaints also allege that these companies obtain an unfair advantage because they can redirect money saved by using pirated software to hire employees and to expand their facilities and their research and development efforts. Furthermore, American companies that are developing software, particularly software that is used in the garment industry, are discouraged from investing in new technology and products if they know their software will be used illegally, the attorney general said.

Harris noted in the complaints that Microsoft has sued both Ningbo and Pratibha Syntex in their home countries for using pirated versions of the company’s software, and said there is evidence that pirated versions of software made by Adobe, Corel, and other companies are being used as well.

Harris said in the complaints that the suits were filed in Los Angeles County because the anticompetitive effects of the alleged piracy were primarily felt here.
http://www.metnews.com/articles/2013/harr012513.htm
pmpatrick

Jan 26, 2013
9:51 AM EDT
Quoting:I wasn't aware private companies in a foreign country are subject to California laws.
They aren't unless they want to sell their products in California. Also, the complaint alleges that both companies are in violation of their own country's local law regarding pirating software and thereby gain a competitive advantage against California manufacturers. The remedy sought is to bar these manufacturers from selling products in California.

A more interesting legal question is whether the California state law is preempted by superseding federal law, i.e. can each state impose its own trade regulations which are more onerous than those imposed by federal law.
djohnston

Jan 26, 2013
8:05 PM EDT
Quoting:The remedy sought is to bar these manufacturers from selling products in California.


Well, I missed that part. It must have been in an external link. Anyway, that seems to me to be the most rational remedy.

Quoting:A more interesting legal question is whether the California state law is preempted by superseding federal law, i.e. can each state impose its own trade regulations which are more onerous than those imposed by federal law.


That's a Constitutional question, which is the supreme law of the land, and is out of bounds for discussion on this forum. ;^)

caitlyn

Jan 28, 2013
11:26 AM EDT
Also note that both companies have offices in California and are licensed to do business in the state. The jurisidiction over those offices at least is clear.

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