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Old 12-24-2008, 01:22 AM  
pornlaw
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As for the US - Canadian issue -- yes you can sue a Canadian corp in the US District Court. You will need to go through the Hague Convention rules to do so. Kinda of tricky though, but any firm with experience will now how to get them served. I think you can get jurisdiction over them.

As for Jelsoft being liable... the US Supreme Court in the Grokster case stated that "[t]he rule on inducement of infringement as developed in the early cases is no different today. [A]dvertising an infringing use or instructing how to engage in an infringing use, show an affirmative intent that the product be used to infringe, and a showing that infringement was encouraged overcomes the law's reluctance to find liability when a defendant merely sells a commercial product suitable for some lawful use…"

Inducement can be the basis for contributory copyright infringement. As for Jelsoft, it might be difficult unless you can show that they did more than just turn a blind eye to the infringement.
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Last edited by pornlaw; 12-24-2008 at 01:24 AM..
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