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Oh litigation. Nothing ever really done, but are lawyers, and there's always drama. Vostu against Zynga is an example of all this. And he just got a weird format for download. Today, the United States, the judge simply told Brazil that they could not close a run. This is certainly new to me.
Background: on June 16, Zynga claims Brazil clone Vostu in California for theft Zynga Games. Vostu in initial press reaction was (1) noted that the two companies have overlapping investment and (2) record the Zynga in less than pristine past when it comes to respecting the intellectual property rights. I call it "I know you are but what am I defence".
It's always a crowd pleaser, but the courts often adhere to a higher standard. So last month, Vostu filed in response to a lawsuit Zynga's. This response appears another defense that the action is retaliation Zynga Zynga over a failed attempt to create a "strategic relationship" with Vostu. It should be the end of the News cycle for a while – the courts of the United States decide never, so that the year may go by before we heard about the case again.
All of the above is the standard action behavior. But Zynga the next step was a good one. They filed another lawsuit, this time at Vostu home court – Brazil. They also sued Google for games (especially they don't sue Facebook, their golden goose). A Brazilian judge quickly approved the request of Zynga's for an injunction. Vostu was forced to close their games within 48 hours.
A Brazilian judge siding with American company against local launch? No one saw this coming.
But wait … there anymore. Today, the United States District Court Judge Edward Davila issued an order to keep Zynga from Brazil.
Despite the fact that "Brazil is an important interest in enforcing its copyright laws," said judge Davila, they don't get to do it. "Zynga, who chose the Forum United States first — now seeks to apply an order obtained abroad that would paralyse the Court's ability to solve this case."
So what argument WINS? Dávila believed that his yard to keep the ability to make decisions in the case of Brazilian law outweighs to enforce its copyright laws. His words carefully splicing and moved around, of course, but not mine.
By taking this decision I am officially no longer truly interested in a particular case. What I'm fascinated by how you are going to thrash, who gets to decide what these two courts. I can't seem to agree that the Court had acted rashly in Brazil for Vostu 48 hours to complete the work. But they certainly get points for that sleeps and taking action quickly, in a few days after the lawsuit was filed in Brazil.
The courts of the United States will never be that fast moving. Unless, apparently, someone is trying to usurp their jurisdiction.
My favorite part — in the end, where the judge Davila, after the destruction of the Brazilian Court's decision, then goes on about how this is not meant to question or to express the opinion about the wisdom of the Court of Justice of Brazil.
It deserves emphasis that TRO will not oblige the Court to Brazil. Does not depend on the TRO, the Court in question or to express any opinion on the advisability of Brazilian production. Would require rather TRO … from Zynga, the jurisdiction of the Court. The fact that disregard mechanism includes foreign vessels is secondary.
This is just such a wonderful way to rub it all. No offense, Brazil. We do not do this to make you look bad. It's just "accidentally".
Complete the order below.
Zynga was founded in July 2007, mark Pinkus and named after his late American bulldog, Zinga. Loyal and spirited, Zinga's name is a nod the legendary ...
Read MoreVostu is a social gaming company, which was launched in May 2007. Initially a social network for Latin America with a strong presence in Brazil, the company developed and started ...
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