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NEWS: FC2 Video Site Sued by 7 Production Firms in Japan




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samuelp
Industry Insider


Joined: 25 Nov 2007
Posts: 2233
Location: San Antonio, USA
PostPosted: Thu Oct 24, 2013 3:29 am Reply with quote
As far as I'm concerned FC2 has been pretty blatant about letting people upload stuff to it for streaming and never take anything down.

But as for the idea in general that Japanese companies can sue US companies in Japanese courts when the offense happens "in Japan", that's a very tricky issue.

Even if they win the court battle, then the question becomes: How do the Japanese courts enforce a judgement? Can a Japanese court order force a US company to pay damages?
Imagine the precedent the US would set if they allowed such a thing: All of a sudden any foreign country could get some court in their country to demand US companies pay damages for things.

So in the end the only thing they could do would be to freeze any assets FC2 had in Japan...

I definitely understand how these companies want to be able to sue FC2 somehow, but I don't think doing it purely in the Japanese court system is the way.
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Polycell



Joined: 16 Jan 2012
Posts: 4623
PostPosted: Thu Oct 24, 2013 12:51 pm Reply with quote
I highly doubt any judgement by the court's going to be enforced in the US unless they've got some actual presence in Japan, which it sounds like they don't. There might be some sanctions that can be implemented Japan-side, but I'm not too sure there are.
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unready



Joined: 07 Jun 2009
Posts: 400
Location: Illinois, USA
PostPosted: Thu Oct 24, 2013 5:55 pm Reply with quote
IANAL, but...

Japanese courts would forward their decision to American courts (highly dependent on international treaties), making it up to an American judge to issue an American court order or not.

Presumably the Japanese companies weighed the option of having an American representative in an American court vs. the extra red tape involved with a foreign jurisdiction and consciously decided to go for the red tape.
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