TechCrunch USA: Vostu

Tuesday, August 23, 2011

United States judge slaps around Brazilian Court Zynga v. Vostu

J. Michael Arrington (born 13 March 1970 in Huntington Beach, California) is a serial entrepreneur and founder of TechCrunch, covering startups and technology news blog. Arrington attended Claremont McKenna (Ba economics, 1992) and Stanford University (JD, 1995) and practiced corporate and securities attorney in two law firms: & rejoined O'Melveny Myers and Wilson Sonsini Goodrich. ? Read More

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 ...

Vostu 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 ...

View the original article here

Monday, August 15, 2011

Zynga sues Google dispute Vostu, Brazilian judge grants injunction

Two big pieces of news today in the lawsuit Zynga/Vostu (detailed information on the action here and here). In addition to this, the first lawsuit filed in California, Zynga also quietly claim Vostu on his home turf in Brazil (Sue, embedded below, but in Portuguese).

Zynga Google in this lawsuit involved, perhaps because Orkut, popular in Brazil, Vostu games that Zynga said ripoffs. Google, which is a shareholder of Zynga, should be happy.

…And the judge sided with Brazil and now Zynga has provided a preliminary injunction against Vostu. Vostu and Orkut to delete four game-megalopolis, Cafe Mania, Pet craze and Vostu Poker within 48 hours, or a daily fine R20, 000 (about 13 000 $). Zynga's statement to the press:

Zynga Inc. filed a lawsuit in Brazil against Vostu for copyright infringement and unfair competition based on Vostu copy from four Zynga Games. Zynga is pleased that the Court considered the evidence and found good reason to order an injunction requiring Vostu and Google Orkut, to cease the dissemination of four game-megalopolis, Vostu Cafe Mania, Pet craze and Vostu Poker – or face a fine by the Court. The Court's action reflects the seriousness of the issue and the irreparable harm that Zynga is because Vostu copying. It also takes into account the need to protect the Brazilian consumers against acts of infringement and unfair competition.
Professor Bruno Feijó from Pontifícia Universidad Católica do Rio de Janeiro and the Chief of the vision lab, analyzed the game and concluded: "four games from Vostu is characterized by a clear case of copying the Zynga Games in Visual interface and gameplay."
In addition, Professor João Bernárdez junior, University of São Paulo (USP), confirmed: "Vostu's games are copies of Zynga Games compared to gameplay and player interface.
Zynga welcomes Vostu into the arena of social games, but will not tolerate flagrant violations of his creative works as its business strategy. "It's one thing to be inspired by Zynga Games, but it's still copy our key features and intellectual property in violation of the law." — Reggie Davis, General Counsel of Zynga, Inc.

And supplied Zynga translation solutions:

"I got a retro, as an amendment of the brief. The elements nested in the case of entry is likely in the plaintiff's claim, which may be inferred in the case of recording instruments, the similarity of the game, as well as being inherent in delaying Mora, I grant the preliminary injunction, determining that the defendants to cease use, exhibition, publication, reproduction, distribution, sale, offering for sale, transmission or distribution, assignment or transfer of videogames Vostu megacity, Vostu Cafe Mania, PET craze and Vostu Vostu bagwithin 48 hours under penalty for a daily fine of R $ 20, 000.00. In accordance with the provisions of article 835, PDA, I define the plaintiff to provide bonds at price of 20% of the value assigned to this issue within 48 hours under penalty to cancel the preliminary injunction. "Tribunal de Justiça do Estado de São Paulo, 10 ª Vara Cível (10-civil court)

One question I have for Zynga is why not too Sue Facebook? These games are available on this platform and many users.

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 ...

Vostu 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 ...

View the original article here