||Last Updated: Apr 20, 2011 - 9:38:09 AM
IN SUPPORT OF DR. DONGXIAO YUE
Dongxiao Yue sued two large corporations for pirating the PowerRPC
software he spent years developing. Defendants admitted the software
"has been copied, uncontrolled, for several years." The scale of the
piracy was global and massive.
Three months into his lawsuit,
the court dismissed his case. Subsequently, the court ordered Dr. Yue
to pay $219,949.90 to the software pirates. The court ordered to
enforce the judgment while Dr. Yue’s appeal is pending. Because Dr. Yue
does not have the money, Defendants have moved to levy his assets. On
December 15, 2008, the court issued a Writ of Execution, directing the
sheriff of the Alameda County to levy his property – primarily his
family home and the PowerRPC software. Thus, Defendants not only plan
to take the ownership of the software, but also avenge Dr. Yue by
making his children without shelter in this cold winter.
evidence of the case is so clear, yet the outcome is so unjust. If we
permit such persecution to continue, allow powerful corporations stomp
on human dignity, stand idle as they take people’s property and watch
them inflict harm on children, the injustice will set a dangerous
Dr. Yue is man of compassion; he helped other people
in tough times. In this holiday season, to help Dr. Yue's family in
this time of crisis, to let his children know there is warmth of the
human heart, we setup the "Support Dr. Dongxiao Yue Fund" and ask for
your help. We formed the Support Dr. Dongxiao Yue Group to offer him
moral and financial support, so he can continue his fight for justice
and defend his rights on appeal. We ask for your participation in this
To donate online, you may visit the following web page http://www.American-Justice.org/support-yue/
and click on the "Donate" button (on the left column). You may also mail a check payable to
"Support Dr. Dongxiao Yue Fund" to the following address: Support
Group, P.O. BOX. 14340, Fremont, CA 94539; Contact Person: Carol Shi;
; Email: [email protected] .
If you have suggestions or can offer help on legal and other aspects, please also contact us at the address above.
SUMMARY OF THE CASE
(For more case information, please visit http://www.American-Justice.org )
Since 1994, Dr. Dongxiao Yue has been developing the PowerRPC
software. In 2000, Sun bought licenses for distributing 1000 copies of
the PowerRPC. Unknown to Yue, Sun incorporated PowerRPC into its own
products, and vastly exceeded the 1000-copy limit. In 2004, a Sun
manager wrote: "we have exceeded the 1,000 distributions that we had
right to." Despite its mangers' knowledge of the piracy, Sun went on to
grant its customers the right to make unlimited copies of PowerRPC,
while concealing the piracy from Dr. Yue. Years later, the software
piracy was discovered after Sun made numerous inconsistent statements.
On November 19, 2007, Dr. Yue filed the lawsuit against Defendants,
asserting ten claims of willful copyright infringement. The next day,
at a court hearing, the judge told Yue to "cease and desist" from
filing any paper and forbade Dr. Yue to speak. Dr. Yue wrote a letter
then senator Barack Obama for help.
Because Sun failed to file a
response to Dr. Yue's complaint, on January 2, 2008, Dr. Yue filed a
motion for default judgment. On January 10, 2008, the court entered a
backdated order granting Sun extension.
On March 4, 2008, the
court dismissed Dr. Yue's lawsuit. The court order ignored all the
evidence. On August 6, 2008, a magistrate judge recommended that
Defendants be awarded $219,949.90 in attorney's fees and costs as
prevailing copyright defendants.
On August 20, 2008, Dr. Yue
filed a motion for review of the magistrate judge's report and
recommendation with twenty-nine (29) specific objections. Dr. Yue
contended that awarding Defendants is endorsing software piracy. On
September 5, 2008, the court declined review and ordered Dr. Yue to pay
$219,949.90 in thirty days.
Dr. Yue filed motion for stay of the
judgment pending his appeal, stating that losing his home in the cold
winter would cause irreparable trauma to his two children. The court
summarily denied his motion.
The case is now before the U.S. Supreme Court. We look forward to a just decision from the nine justices.
"Support Dr. Dongxiao Yue Fund"
Support Group, P.O. BOX. 14340
, Fremont, CA 94539
Carol Shi, Y. Li, W.P. Sun, W.Z. Xie, R.X. Zhu
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